HomeMy Public PortalAboutBOH12.01.21packetBoard of Health
Penny Holeman
Annette Graczewski
Joe Ford
Jeannie Kampas
Kimberley Crocker
Pearson
Health Director
Amy von Hone
Assistant Health
Director
Sherrie McCuIldugh
Senior Department
Assistant
Tammy Mason
Town of Brewster Board of Health
2198 Main St., Brewster, MA 02631
brhealth@brewster-ma.gov
(508) 896-3701
BOARD OF HEALTH MEETING AGENDA
2198 Main Street
December 1, 2021 at 7:OOPM
Pursuant to Chapter 20 of the Acts of 2021, this meeting will be conducted via remote means, in accordance with applicable lava. This means that
members of the public body may access this meeting via virtual means. No in-person attendance of memh8rs of the public will be permitted, and
public participation in any publlc hearing conducted during this meetingshall be by remote means only. Members of the pub lic who wish to access
the meeting may do so in the following manner:
Phone. Call (301)715-8592 or (312)626-6799. Webinar IC: 820 4394 4509 Passcode: 979174
To request to speak: Press *9 and wait to be recognized.
,Zoom Webinor.- htts: /usO2Web.zoom-usIj182043944509?pwd=MvtuM2kvUExKbl11R50hmM01Zb3dQZx09
Passcode: 979174
To request to speak: Tap Zoom "Raise Hand", then yaalt to be recognized.
When required by law or allowed by the Chair, persons wishing to provide public comment or otherwise participate in the meeting, may do so by
accessing the meeting remotely, as noted above. Additionally, the meeting will be broadcast live, In real time, via live broadcast (Brewster
GovernmentTV Channel 18), livestream (livestream.brewster-ma.govf or Video recording (tv.brew.ster-ma.gov)
7. Call to Order
2. Chaixnnart's announcements
3. Citizens forum
4. Covid update
5. Presentation of the draft BOH Nitrogen Loading Regulations -Mark Nelson, Horsley &
Witten
6. Liaison Reports
7. Matters not reasonably anticipated by the Chair
8. Items for next agenda
9. Next meeting: December 15, 2021
10. Informational items:
a. Letter from DEP re: Town of Dennis Prescribed Burn
b. Monthly report for Pleasant Bay Rehab
c. Monthly report for Maplewood. of Brewster
A Letter to Tobacco Retailers
11. Adjournment
Date Posted: Date Revised:
11/24/2021
1lfileserverl61rdocuments$ltmasonll]esktoplAgenda template,doex
Received by.Town Clerk:
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AGENDA ITEMS UPDATE
December 1, 2021
4. Update on Brewster positive COVYD-19 numbers
a. Brewster active cases and trends
b. Age demographics
c. Vaccination rates
d. Barnstable County Data
Compiled by Amy von Hone, Health Director
MWealthMOH Meeting Note0BOH Hearing Note0BOH Hearing Notes 12.01.21.docx
HeaIth Department
Amy L. von Hone, R.S., C.H.O.
Director
Sherrie McCullough, R.S.
Assistant Director
Tammi Mason
Senior Department Assistant
Town of Brewster
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AGENDA ITEMS UPDATE
December 1, 2021
4. Update on Brewster positive COVYD-19 numbers
a. Brewster active cases and trends
b. Age demographics
c. Vaccination rates
d. Barnstable County Data
Compiled by Amy von Hone, Health Director
MWealthMOH Meeting Note0BOH Hearing Note0BOH Hearing Notes 12.01.21.docx
HeaIth Department
Amy L. von Hone, R.S., C.H.O.
Director
Sherrie McCullough, R.S.
Assistant Director
Tammi Mason
Senior Department Assistant
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COVID-19 Epidemiological Curve— NeW CaSeS (Confirmed)
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(New Cases per 3 -Day Period)
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11/23/2021 Cape Cod Hospital 13 2
(3p m) Falmouth Hospital 4 1
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COVID-19 Epidemiological Curve --New heaths (Confirmed + Probable)
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• Prnhabre cues have not been charted shx 12j6/20 and numb wed 53[ at that time.
Vaira Harik, M.S.
Assistant County Administrator
Barnstable County, MA
Cell: 774-487-9435
Email: vharik@barnstablecoun��
Source: V. Harl k, Barnstable County:
using data pmoded by the MA Department of Public Health
Brewster Board of Health
Draft Nitrogen Loading Regulation
November 22, 2021
Authority: In accordance with Massachusetts General Laws, Chapter 111, Sections 31 and 127A, the
Brewster Board of Health hereby adopts the following regulation to specify the process for developing
nitrogen loading calculations for use by the Board and for compliance with other Town zoning articles
and regulations including the Water Quality Protection District Bylaw, (Chapter 179 Sections 53-62).
Purpose: To protect the water resources In the Town of Brewster, including, but not limited to public
drinking water supplies, coastal estuaries and freshwater ponds, the Board of Health has adopted this
regulation to create a standardized method to estimate the nitrogen loading impacts to water quality
from new, altered, or expanded lands uses. The regulation specifies how nitrogen loading analyses are
to be conducted for the Board and for use under other town zoning articles and associated regulations,
including the Water Quality Protection District Bylaw.
This includes requirements for the specific nitrogen loading factors used in the nitrogen loading
calculations and a specific spreadsheet that must be used to document the results of an analysis.
Required Inputs for Nitrogen Loading Calculations: Table 1 below contains the nitrogen bad ing input
parameters that must be used for any nitrogen loading calculation conducted under the regulation.
These input values are based an standard inputs used by the Cape Cod Commission (Cape Cod
Commission Technical Nitrogen Loading Technical Bulletin 91-CO1, April 199 2) with some additional
requirements specified by the Board of Health. Any changes to these input values must be approved by
the Health Agent or their designee. They can refer a proposed change to the Board for their review and
approval.
A site plan must be proJded with the calculations to document the information used in the nitrogen
loading analysis. This includes the existing or proposed lot area, the areas of driveways, impervious
patios and roof areas, existing and proposed lawn areas, and undisturbed natural areas.
The lawn area used in the calculations should reflect the lawn area shown on the site plan. A lawn is
defined as a ground covered with grass or other vegetation that is mowed more than twice per year. A
minimum lawn area of 1,000 square foot must be included in the nitrogen loading calculations.
The site plan also needs to document the location and size of the existing or proposed septic system
serving the property. If an innovative/alternative septic system is proposed to reduce the concentration
of nitrogen in septic system effluent, the applicant must provide documentation that the system has
been approved for pilot, provisional or general use by the Massachusetts Department of Environmental
Protection (DEP) as required by Title 5 (3 10 CMR 15.00). This documentation must include the nitrogen
concentration in the treated effluent approved by DEP,
Consistent with the procedures used by the Cape Cod Com missian, the wastewater flaw used to
calcuiate the nitrogen input from onsite septic systems on residential properties will be based on an
average of:
1. The Title S design flow for the system based on the number of bedrooms in the house (310 CMR
15.203) and
2. The average flow based on the occupancy rate of provided in the most recent U.S Census data
for Brewster.
According to the 2020 Census, the average occupancy rate for Brewster is 2.3 people per house.
Therefore, with septic system flow rate of 55 gallons per day per person, a total of 126.5 gallons per day
must he used to calculate the average occupancy nitrogen load. Together, the Title 5 design flow
volume and the average occupancy volume will be averaged to calculate the wastewater flow.
If a use is proposed for a property for which a nitrogen loading value is not provided in Table 1, the
applicant must request approval for an appropriate nitrogen loading rate from the Health Agent or their
designee. They can refer the request far approval to the Board of Health.
Use of Brewster Board of Health Spreadsheet Model for Nitrogen Loading Calculations: Nitrogen
loading calculations developed for use under this regulation must be developed and documented on the
spreadsheet provided in Table 2 and available electronically from the Health Department. The use of
this spreadsheet ensures calculations are be done in a consistent manner that can be [reviewed and
approved by the Board. The outcome of the calculation is a prediction of the average nitrogen_
concentration entering groundwater from a property which can be used to confirm it will meet the
performance standards for water quality protection established by the Board of Health or included in
other Town zoning articles or regulations, including the Water Quality Protection District Bylaw.
Commented [MN1]. Who should approve a suhmisMan?
The health agant or the Board?
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Approved at Brewster Town Meeting 11.15.2021
Article XI
Water Quality Protection District
[Added 5-9-1994 ATM, Art. 511
§ 179-53 Purpose.
[Amended 11-172048 FYTM, Art. 171
The puiposes of this Water Quality Protection Bylaw are:
A. To promote the health, safety, and general welfare of the community by ensuring an adequate quality and
quantity of drinking water for the residents, institutions, and businesses of the Town of Brewster;
B. To preserve and protect all existing and potential sources of drinking water supplies within Brewster's
borders;
C. To identify uses that should be prohibited or allowed only by special permit and to establish
'performance standards that must be beet for all uses within a Zone I Zone II and/or the District of
Critical Planning Concern CDCPC").
D. To protect groundwater and surface water resources from viral, pathogenic, phosphorus and nitrogen
contamination and pollution from stormwater runoff;
E. To complement the commonwealth's Department of Environmental Protection regulations governing
groundwater protection and the commonwealth's efforts to protect surface and coastal waters;
F. To protect other sensitive water resource areas, including those land areas that contribute recharge to
private drinking water supply wells;
G. To conserve the natural resources of the Town; and
H. To prevent temporary and permanent contamination of the water resources of the Town.
§ 179-54 Scope of authority; overlay district.
[Amended I1-17-2008 FYTM, Art. 17; 10.19-2049 FYTM, Art. 181
This bylaw establishes regulations governing land uses and structures and their potential impact upon the
Town's water resources. The provisions of Article XI are superimposed over all zoning districts and all land
within the Town of Brewster and shall function as an overlay district, Where this article establishes rules,
regulations, requirements, standards or provisions that are stricter than the underlying zoning districts, including
those uses and structures found in Table 1 of the Zoning Bylaw, the provisions of this article shall control. In
addition, this article establishes specific requirements for land uses and activities within those portions of the
Town of Brewster mapped and identified on the Zoning Map as the District of Critical Planning Concern,
entitled 'Brewster Water Protection District," as adopted by the Barnstable County Assembly of Delegates
pursuant to the Cape Cod Commission Act, which includes "Zone I" and "Zone II" and the "Groundwater
Protection District" and the "Pleasant Bay Watershed."
§ 179-55 Definitions.
[Amended 11-17-2008 FYTM, Art. 171
As used in this article, the following terms shall have the following meanings indicated:
AQUIFER
Geologic formation composed of rock, sand, or gravel that contains significant amounts of potentially
recoverable water.
BEST MANAGEMENT PRACTICES
Means -Any structural or nonstructural mechanism designed to minimize the impact of non -point source
pollution on receiving waters or resources, including, but not limited to: detention ponds, construction or
installation of vegetative swales and buffers, street cleaning, reduced road salting, and public education
programs.
BUILDER'S ACRE
A unit of land measure equal to 40,000 square feet, which is considered a building acre in accordance with
standard real estate practices.
COMMERCIAL FERTILIZERS
Any substance containing one or more recognized plant nutrients which is used for its plant nutrient
content and which is designed for use, or claimed by its manufacturer to have value, in promoting plant
growth. Commercial fertilizers do not include unmanipulated animal and vegetable manures, marl, lime,
limestone, wood ashes, and gypsum.
EARTH REMOVAL
DEP
The removal or relocation of geologic materials, such as topsoil, sand, gravel, metallic ores, or bedrock.
Mining activities are considered earth removal, whether the disturbed natural materials are removed from
the site or reworked on the site.
The Massachusetts Department of Environmental Protection.
DEVELOPMENT
The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any
structure; any mine, excavation, landfill, or land disturbance; and/or any change in use, or alteration or
extension of the use, of land.
DISCHARGE
The accidental or intentional disposal, deposit, injection, dumping, spilling, leaking, incineration, or
placing of toxic or hazardous material or waste upon or into any land or water so that such hazardous waste
or any constituent thereof may enter the land or waters of Brewster. Discharge includes, without limitation,
leakage of such materials from failed or discarded containers or storage systems and disposal of such
materials into any on-site leaching structure or sewage disposal system.
HAZARDOUS OR TOXIC MATERIALS
Any substance or mixture of physical, chemical or any infectious characteristics posing a significant, actual
or potential hazard to water supplies or other hazards to human health if such substance or mixture were
discharged to land or water of the Town of Brewster. Hazardous or toxic materials include, without
limitation, organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids
and alkalis, solvents and thinners and products such as pesticides, herbicides in quantities greater than
normal household use; and all substances defined as hazardous or toxic under MGL c. 21 C and MGL c.
21 E, using the Massachusetts Oil and Hazardous Substance List (3 10 CMR 40.0000), and 310 CMR
30.000.
HAZARDOUS MATERIAL OR WASTE, HOUSEHOLD QUANTITY OF
Any or all of the following:
A. Two hundred seventy-five gallons or less of oil on site at any time to be used for heating of a structure or
to supply an emergency generator; and
B. Twenty-five gallons (or the dry weight equivalent) or less of other hazardous materials on site at any time,
including oil not used for heating or to supply an emergency generator; and
C. A quantity of hazardous waste at the very small quantity generator level as defined in the Massachusetts
Hazardous Waste Regulations, 310 CMR 30.353.
HISTORICAL HIGH GROUNDWATER TABLE ELEVATION
A groundwater elevation determined from monitoring wells and historical water table fluctuation data
compiled by the United States Geological Survey.
IMPERVIOUS SURFACE
Material or structure on, above or below the ground that does not allow precipitation or surface water to
penetrate directly into the soil.
LANDFILL
A facility established in accordance with a valid site assignment for the purposes of disposing of solid
waste into or on the land, pursuant to 310 CMR 14.006.
LOT
As per § 179-2, Definitions.
MINING
The removal or relocation of geologic materials, such as topsoil, sand, gravel, metallic ores or bedrock
whether the disturbed natural materials are removed from the site or reworked on the site.
NITROGEN MANAGEMENT
The process of ensuring that nitrogen generated by land uses does not exceed established capacities of the
resources receiving nitrogen inputs.
NONSANITARY WASTEWATER
Wastewater discharges from industrial and commercial facilities containing wastes from any activity other
than collection of sanitary sewage, including, but not limited to, activities specified in the Standard
Industrial Classification (SIC) Codes set forth in 310 CMR 15.004(6).
OPEN DUMP
A facility which is operated or maintained in violation of the Resource Conservation and Recovery Act [42
-U.S.c. § 4004(a)(b)], or the regulations and criteria for solid waste disposal.
PETROLEUM PRODUCT
Petroleum or petroleum byproduct, including, but not limited to: fuel oil; gasoline; diesel; kerosene;
aviation jet fuel; aviation gasoline; lubricating oils; oily sludge; oil refuse; oil mixed with other wastes;
crude oils; or other liquid hydrocarbons regardless of specific gravity. Petroleum product shall not include
liquefied petroleum gas, including, but not limited to, liquefied natural gas, propane or butane.
POTENTIAL DRINKING WATER SOURCES
Areas that could provide significant potable water in the future.
PROCESS WASTEWATER
All wastewater disposed of onsite other than sanitary wastewater.
RECHARGE AREAS
Areas that collect precipitation or surface water and carry it or have it pumped to aquifers. Recharge areas
may include areas designated as Zone 1, Zone II or Zone 111.
SEPTAGE
The liquid, solid, and semisolid contents of privies, chemical toilets, cesspools, holding tanks, or other
sewage waste receptacles. Septage does not include any material that is a hazardous waste, pursuant to 310
CMR 30.000.
SLUDGE
The solid, semisolid, and liquid residue that results from a process of wastewater treatment or drinking
water treatment. Sludge does not include grit, screening, or grease and oil which are removed at the
headworks of a facility.
STORMWATER MANAGEMENT
The process of ensuring that the magnitude and frequency of stormwater runoff' does not increase the
hazards associated with flooding and that water quality is not compromised by untreated stormwater flow.
SUBDIVISION
The division or redivision of a lot, tract, or parcel of land into two or more lots, tracts, or parcels in
accordance with MGL c. 41 § S 1 L.
TIGHT TANK
Any and all containers or devices with regard to or used for wastewater disposal as defined and regulated
by the State Sanitary Code, 310 CMR 15.260.
TREATMENT WORKS
Any and all devices, processes and properties, real or personal, used in the collection, pumping,
transmission, storage, treatment, disposal, recycling, reclamation, or reuse of waterborne pollutants, but not
including any works receiving a hazardous waste from off the site of the works for the purpose of
treatment, storage, or disposal.
VERY SMALL QUANTITY GENERATOR
Any public or private entity, other than residential, which produces less than 27 gallons (100 kilograms) a
month of hazardous waste or waste oil, but not including any acutely hazardous waste as defined in 310
CMR 30.136.
WASTE OIL RETENTION FACILITY
A waste oil collection facility for automobile service stations, retail outlets, and marinas which is sheltered
and has adequate protection to contain a spill, seepage, or discharge of petroleum waste products in
accordance with MGL c. 21, § 52A.
WATER QUALITY REVIEW COMMITTEE (WQRC)
Committee to be appointed by the Select Board to include eight seven members; one member each from
the Select Board, Board of Health, Planning Board, Conservation Commission, G..mpwehmsive «TA*or
Plat ning r.,.,..mitteo a d Water Commissions, the Brewster Building Commissioner and the Brewster
Health Agent. At the initial appointment, to occur no later than three weeks after the effective date of this
bylaw, members other than the Building Commissioner and the Health Agent shall be appointed for one-,
two- and three-year terms and thereafter all members shall be appointed for three-year terms. The Building
Commissioner and Health Agent shall serve as members of the WQRC while they are employed in their
respective positions.
[Amended 11-18-2013 FYTM, Art. 10, 11.13-2017 FYTM, Art. 13]
ZONE
The immediate land area around a well. It is defined as a four -hundred -foot protective radius for wells
greater than 100,000 gpd and a radius of 100 to 400 feet for wells less than 100,000 gpd, depending upon
the pumping rate. The Zone I must be owned by the water supplier or controlled through a conservation
restriction. Only water supplier activities are allowed in the Zone I.
ZONE II
The DEP-approved area of an aquifer which contributes water to a well under the most severe pumping
and recharge conditions that can be realistically anticipated as defined in 310 CMR 22.00. The Zone II
includes the Zone I.
ZONE III
The land area beyond the area of Zone II from which surface water and groundwater drain into Zone II.
Zone III boundaries are determined by identifying the topographic surface water drainage divides. The
surface water drainage area commonly coincides with the groundwater drainage; however, in areas where
they are not coincident, the Zone III encompasses both the surface and groundwater drainage area.
§ 179.56 Use regulations.
[Amended 11-17-2008 FYTM, Art. 171
A. Provided that all necessary permits, orders, or approvals as required by local, county, state, or federal law
are also obtained , the
following uses and activities shall not independently trigger the need for a Special Permit and shall be
allowed as long as the uses and activities comply with applicable be exe-ml—ted f.,,,,, the _o orfs of
Performance Standards established in Section 179-
57.
(3) Retail/wholesale sales/office/commercial uses with a lot size below 40,000 square feet and building area
less than. 5,000 square feet that store or handle hazardous materials or wastes in amounts that do not
exceed household quantities;
(4) Construction activities: The activities of constructing, repairing, or maintaining any building or structure,
provided that all contractors, subcontractors, laborers, and their employees follow all local, county, state
and federal laws when using, handling, storing, or producing any hazardous materials or wastes;
(5) Household use: the household use of hazardous materials or wastes in amounts that do not exceed
household quantities;
(6) Municipal use: the municipal use of hazardous materials and any materials stored and used for the sole
purpose of water supply treatment or as required by law;
(7) Storage of oil(s): the storage of oil(s) used for heating fuel, provided that the container used for such
storage shall be located within an enclosed structure that is sufficient to preclude leakage of oil to the
external environment and to afford routine access for visual inspection and shall be sheltered to prevent the
intrusion of precipitation;
(8) Conservation of soil, water, plants, and wildlife;
(9) Outdoor recreation, nature study, boating, fishing, and hunting where otherwise legally permitted;
(10) Normal operation and maintenance of existing water bodies and darns, splash boards, and other water
control, supply and conservation devices;
(11) Use and development of single-family residential dwelling units;
(12) Use of land pursuant to an approved definitive subdivision plan, special permit, or variance;
(13) Farming, gardening, nursery, conservation, forestry, harvesting, and grazing;
(14) Construction, maintenance, repair, and enlargement of drinking -water -supply -related facilities such as, but
not limited to, wells, pipelines, aqueducts; and tunnels;
(15) Underground storage tanks related to permitted activities.
B. Prohibited uses within the Town of Brewster. The following uses are prohibited throughout and within the
Town of Brewster.
(1) (Reserved)
(2) Landfills receiving only wastewater and/or septage (wastewater residuals "monofils") as defined in 31.0
CMR 32.05, approved by the DEP pursuant to MGL c. 21, §§ 26 through 53; MGL c. 111, § 17; MGL c.
83, §§ 6 and 7, and regulations promulgated thereunder.
(3) Storage of sludge and septage, as defined in 310 CMR 32.05, unless such storage is in compliance with
310 CMR 32.30 and 310 CMR 32.31.
(4) Storage of deicing chemicals, chemically treated abrasives or other chemicals used for the removal of ice
and snow on roads, unless such storage, including loading areas, is within a structure designed to prevent
the generation and escape of contaminated runoff or leachate.
(5) Storage of animal manure, unless such storage is covered or contained within a structure designed to
prevent the generation and escape of contaminated runoff or leachate.
(6) Earth removal not consistent with § 179-39 of the Brewster Zoning Bylaw.
(7) Facilities that generate, treat, store or dispose of hazardous waste subject to MGL c. 21C and 310 CMR
30,000, except for the following:
(a) Very small quantity generators of Class A regulated recyclable material as defined under 310 CMR
30.000.
(b) Household hazardous waste centers and collection events under 310 CMR 30.390.
(c) Waste oil retention facilities required by MGL c..21, § 52A.
(d) Water remediation treatment works approved by the Department of Environmental Protection (DEP)
designed in accordance with 314 CMR 5.00 for the treatment of contaminated groundwater or surface
waters and operated in compliance with MGL c. 21E and 310 CMR 40.0000.
(8) Automobile graveyards and junkyards, as defined in MGL c. 140B, § 1,
(9) Storage of dry hazardous materials, as defined in MGL c. 21E, unless in a freestanding container within a
building or above ground with adequate secondary containment adequate to contain a spill the size of the
container's total storage capacity.
(10) Storage of fertilizers unless such storage is within a structure designed to prevent the generation and escape
of contaminated runoff or leachate.
(12) Any commercial floor drainage system which discharges to the ground without a DEP permit or
authorization.
C. Prohibited uses within Zones I and Zones II of the Groundwater Protection. District. The following uses,
which may be allowed in other areas of the Town of Brewster, are prohibited in Zones I and II of the
Groundwater Protection District. Notwithstanding language to the contrary found within § 1.79-52 of the
Zoning Bylaw, no variance for a use or activity not otherwise permitted shall be granted by the Board of
Appeals within Zones I or Zones II of the Groundwater Protection District.
(1) Storage of liquid petroleum and/or liquid hazardous products (as defined in MGL c. 21E), except the
following: normal household use, outdoor maintenance and heating of a structure; fuel storage facilities as
licensed by the Town; waste oil retention facilities required by statute, rule or regulation; emergency
generators required by statute, rule or regulation.
(2) Petroleum, fuel oil, and heating oil bulk stations and terminals, including, but not limited to, those listed
under Standard Industrial Classification (SIC) Codes 5983 and 5171, not including liquefied petroleum
gas.
(3) Treatment works that are subject to 314 CMR 5.00 (not Title 5 septic systems), including privately owned
sewage treatment facilities, except for the following:
(a) The replacement or repair of an existing treatment works that will not result in a system capacity greater
than the system capacity of the existing treatment works;
(b) The replacement of existing subsurface sewage disposal system(s) with wastewater treatment works that
will not result in a system capacity greater than the system capacity of the existing system(s);
(c) Treatment works approved by DEP designed for the treatment of contaminated groundwater; and
(d) Sewage treatment facilities in those areas with existing water quality problems when it has been
demonstrated to DEP and the Planning Board's satisfaction that these problems are attributable to current
septic problems and that there will be a net improvement in water quality.
(4) Stockpiling and disposal of snow or ice removed from highways and streets located outside of a Zone II
that contains sodium chloride, chemically treated abrasives or other chemicals used for snow and ice
removal.
(5) Earth removal, consisting of the removal of soil, loam, sand, gravel, or any other earth material within 10
vertical feet of historical high groundwater table elevation, as determined from monitoring wells and
historical water table fluctuation data compiled by the United States Geological Survey.
(6) Industrial and commercial uses which discharge process wastewater on site.
(7) Facilities or works for the treatment or disposal of nonsanitary wastewater that are subject to 314 CMR
5.00, or that discharge to the ground nonsanitary wastewater, including industrial and commercial process
wastewater, except the following.
(a) The replacement or repair of an existing system/treatment works that will not result in a design capacity
greater than the design capacity of the existing system/treatment works;
(b) Treatment works approved by the Department of Environmental Protection designed for the treatment of
contaminated groundwater and operating in compliance with 314 CMR 5.05(3) or 5.05(13); and
(c) Publicly owned treatment works.
(8) Storage of commercial fertilizers, as defined herein and in MGL c. 128, § 64.
(9) Gasoline stations, automotive service stations or car washes or motor vehicle or commercial boat storage
or repair. For the purposes of this chapter, "commercial" is defined as any activity involving the sale of
goods or services carried out with the intent of earning a profit.
(10) Dry-cleaning establishments.
D. Uses/structures allowed by special permit.
(1) Unless otherwise exempted or prohibited elsewhere by this article and as otherwise permitted in the
underlying zoning district, the following uses and activities shall require a special permit from the Planning
Board. Where the use or activity requires a special permit from another special permit granting authority,
the provisions of this article shall nevertheless apply, although the Planning Board and the other special
permit granting authority may hold a combined public hearing pursuant to MGL c. 40A, § 9 in lieu of
separate public hearings:
(a) (Reserved)
(b) The application for the construction of 10 or more dwelling units, whether on one or more contiguous lots,
tracts, or parcels, or whether contained within one or more structures;
(c) The application for a nonresidential use of 40,000 square feet or greater in lot size or 5,000 square feet or
greater of gross floor area;
(2) Provided that the following uses and/or structures are permitted by the underlying zoning district and other
relevant regulations, a special permit may be issued by the Planning Board for the following uses and/or
structures, provided that the Planning Board may impose conditions upon the use or structure, consistent
with the authority provided in MGL c. 40 § 9, such that the use or structure will not, in the Planning
Board's sole judgment, be inconsistent with the purpose and intent of this bylaw. Notwithstanding the
powers hereby conveyed by this article and MGL c. 40A, § 9 to the Planning Board and in recognition of
the expertise found within the members of the Water Quality Review Committee, the Planning Board shall,
in accordance with the procedures of MGL c. 40A, § 11, cause all applications for a special permit
pursuant to this article to be submitted to the Water Quality Review Committee for the Committee's
comments and recommendations as provided by MGL. c. 40A, § 11. The Planning Board shall include in
its decision an explanation regarding any substantive deviation from the Committee's recommendation
regarding the approval, denial., or conditional approval of the special permit application.
(a) The application of fertilizers for nondomestic or nonagricultural uses. Such applications shall be made in a
manner so as to minimize adverse impacts on groundwater due to nutrient transport, deposition and
sedimentation and shall conform to Chapter 119 of the Brewster Town Code, Fertilizer Nutrient Control.
[Amended 11-18-2019FYTM, Art. Gj
(b) The construction of dams or other water control devices, ponds, pools or other changes in water bodies or
courses, created for swimming, fishing or other recreational uses, or drainage improvements.
(d) Any use which involves on-site wastewater disposal facilities having over 10,000 gallons per day capacity
or disposal of process waste from operations other than personal hygiene and food for residents, patrons
and employees.
(e) Commercial boat and motor vehicle storage, service or repair. For the purposes of this Chapter,
"commercial" is defined as any activity involving the sale of goods or services carried out with the intent
of earning a profit.
(f) Storage of home heating fuels in approved containers in amounts greater than 275 gallons or in the
aggregate, greater than 275 gallons.
(g) Treatment works that are subject to 314 CMR 5.00, including privately owned sewage treatment facilities,
and:
[1] The replacement or repair of an existing treatment works that will not result in a design capacity greater
than the design capacity of the existing treatment works.
[2] The replacement of existing subsurface sewage disposal system(s) with wastewater treatment works that
will not result in a design capacity greater than the design capacity of the existing system(s).
[3] Treatment works approved by the Massachusetts Department of Environmental Protection designed for the
treatment of contaminated groundwater.
[4] Sewage treatment facilities in those areas with existing water quality problems when it has been
demonstrated to the Department of Environmental Protection's and the special permit granting authority's
satisfaction both that these problems are attributable to current septic problems and that there will be a net
improvement in water quality.
§ 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 expanded 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:
(4) 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
Code Commission's N49gea Loading Teehnieal Bulletin 91 GDO in the Brewster Board of Health
Nitrogen Loading Regulation. The overall concentration of nitrate nitrogen resulting from domestic
wastewater disposal -road runoffjand4am fertilizer application, and other nitrogen sources, when
diluted by rainwater recharge on the lot, shall not exceed five parts per million (5 ppm). The policies and
procedures in the Brewster Board of Health Nitro en Loading Regulation will be used to confirm
compliance with the 5 m IL standard. The regulation re uires the use of a nitrogen loading
spreadsheet developed by the Board of Health to calculate the nitro en concentration for a subiect
property based on the proposed land uses. The Board of Health or the Health Agent, or their
designee, will review the proposed project and the nitrogen loading spreadsheet calculations for
compliance with the health regulation and the performance standards in this Bylaw. is-��
standards nLIZ nTi be , d= -
Fie
_ _ � �l'1.1�19��lfiSr3l1l1l lT�Tlasei.tR ��YM11 %�i�f 4-J� lY►J_��JJ�SyI�-/rte •e�t�
M M ''
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.
C. No toxic 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 service or as directed by the Board of Health.
D. Contaminant levels in groundwater resulting from disposal of any substance from operations, other than
personal hygiene and food for residents, patrons and employees or from wastewater treatment and disposal
systems greater than 10,000 gallons per day capacity, shall not exceed those levels specified in the
Drinking Water Regulations of Massachusetts, 310 CMR 22.00, after allowing for dilution by natural
recharge on the premises. If higher, background levels of individual constituents in the groundwater shall
not be exceeded.
E. All new, altered or expanded uses shall comply with the requirements of the 5tormwater
Mana ement Bylaw (Chapter 272 to collect treat and manage stormwater. All Funeff f effi
. . suf&ees shall be reeharged — fbe 4ke and diveAed towards meas esevefed with vegetation for-
suffaee infiltrafien to the extent possible. Dr -y wells shall be used only wheFe ethff fnetheds afe iRfeasible
and shall be pr-eeeded by oil, grease an-d-sed-iffi-e-4-44 trups to faeilita4e remevM of eai-Aaminffted solids. in the
yieip,4y of ehemieal or- fuel delivery points, pfevision shall be made f6r s pill eamval
G. Sand and gravel removal operations shall be limited to a plane that is at least 10 feet above the historical
high groundwater level for that location. Land area exposed at any one time shall be limited to no more
than five contiguous acres in surface area and land disturbed by sand and gravel removal operations shall
be returned to a natural vegetative state within one year of completion of operations.
H. Monitoring of regulated substances in groundwater monitoring wells. If required by the Planning Board,
groundwater monitoring wells) shall be provided at the expense of the applicant in a manner, number, and
location approved by the Planning Board. Except for existing wells found by the Planning Board to be
adequate for this provision, the required well(s) shall be installed by a water well contractor. Samples shall
be analyzed and analytical reports that describe the quantity of any hazardous material or waste present in
each monitoring well shall be prepared by a Massachusetts certified laboratory.
§ 179-58 Prohibited uses within Pleasant Bay Watershed.
[Amended 11-17-2008 FYTM, Art. 171
(Reserved)
§ 179-58.1 Uses/structures allowed by special permit within the Pleasant Bay Watershed.
[Added 1117-2008 FYTM, Art. 171
(Reserved)
§ 179-58.2 Performance standards within Pleasant Bay Watershed.
[Added 11-17-2008 FYTM, Art. 171
(Reserved)
§ 179.59 Prohibited uses within the watersheds of surface water bodies other than Pleasant Bay.
[Amended 11-17-2008 FYTM, Art. 171
(Reserved)
§ 179-59.1 Uses/structures allowed by special permit within watersheds of surface water bodies other
than Pleasant Bay.
[Added 11-17-2008 FYTM, Art. 171
(Reserved)
§ 179-59.2 Performance standards within watersheds of surface water bodies other than Pleasant Bay.
[Added 11-17-2008 FYTM, Art. 171
(Reserved)
§ 179-60 (Reserved)
[Amended 11-17-2008 FYTM, Art. 171
§ 179-61 Water quality review.
A. Water Quality Review Committee. There is hereby established a Water Quality Review Committee
(WQRC), comprising one representative each appointed from time to time by and from the Select Board,
Board of Health, Planning Board, Conservation Commission, Water Commission, Comprehensive Water
Planning Committee, Health Director and Building Commissioner. [Amended 11-18-2013 FYTM, Art.
10; 11-13-2017 FYTM, Art. 13;
B. Certificate of water quality compliance.
(1) A certificate of water quality compliance shall be obtained by the owner of the premises from the WQRC
or, for special permit uses, from the SPGA:
(a) For erection of any new principal structure other than a single-family dwelling or for change in occupancy
requiring a certificate of use and occupancy under the State Building Code.
(b) For occupancy of any premises not requiring a Certificate of use and occupancy but involving the storage,
handling or transportation of toxic or hazardous wastes.
(2) No building permit or certificate of use and occupancy shall be issued by the Building Commissioner
unless a certificate of water quality compliance, if required, has been applied for or obtained.
C. Requirements. A certificate of water quality compliance shall be granted only as follows: [Amended 11-
18-2019FYTM, Art. 61
(1) For new construction or additions or new activities not involving structures, only if in full compliance with
all requirements of § 179-57, Performance standards.
(2) For change in occupancy or operation on previously developed premises, only if the requirements of
§ 179-57B, C and D are met, and the requirements of all other subsections of § 179-57 are either met or, if
previously exceeded, there will be no further increase in noncompliance.
D. Submittals. In applying for a certificate of water quality compliance or a special permit, seven two paper
sets and one electronic copy of application materials shall be submitted to the Building Commissioner,
who shall forward one set them to each member of the WQRC. In the case of uses requiring a special
permit under § 179-56D, one set shall also be submitted to the SPGR along with any other application
materials. All information necessary to demonstrate compliance must be submitted, including but not
limited to the following: [Amended 11-18-2019FYTM, Art. 6]
(1) A complete list of all chemicals, pesticides, fuels and other potentially toxic or hazardous materials to be
used or stored on the premises in quantities greater than those associated with normal household use,
accompanied by a description of measures to protect from vandalism, corrosion and leakage and to provide
for control of spills,
(2) A description of potentially toxic or hazardous materials to be generated, indicating storage and disposal
method.
(3) Evidence of approval by the Massachusetts Department of Environmental Protection of any industrial
waste treatment or disposal system or any wastewater treatment system over 15,000 gallons per day
capacity, accompanied by analysis by a professional engineer in sanitary or civil engineering registered in
the Commonwealth of Massachusetts certifying compliance with § 179-57D.
E. Action. For uses not requiring a special permit under § 179-56D, the WQRC shall act within 21 days of
application, approving it by issuing a certificate of compliance if a majority determine that the applicant
has adequately demonstrated compliance with the requirements of the Water Quality Protection District,
and rejecting the application otherwise. For uses requiring a special permit under § 179-56D, the WQRC
shall make recommendations to the SPGA within 35 days of receipt of the application, as provided in
MGL c. 40.A, § 11. [Amended 11-18-2019FYTM, Art. 61
F. Certificate review.
(1) Each three years the WQRC shall review compliance with this article and the certificate of water quality
compliance. Upon request, certificate holders shall submit the following:
(a) Description of any changes from the originally submitted materials.
(b)
Description of any maintenance, repair, replacement, or expansion of the existing
sewage disposal system, sewage numping, or certified inspections completed from the date of the issuance
of the last certificate renewal. The Certificate holder shall self -certify that the sewage disposal system has
been properly maintained and is in proper operating condition.
(c) Results from analysis of leachate or wastewaters as may be required by the Board of Health.
d Documentation on the operation and maintenance of stormwater facilities permitted under the
Stormwater Management Bylaw (Chapter 272).
(2) Evidence of noncompliance shall be reported to the Building Commissioner for enforcement action who
shall have the authority to enforce the provisions of this bylaw.
§ 179-62 Enforcement.
A. Inspection. These provisions shall be enforced by the Building Commissioner. The Building Commissioner
or agent of the Board of Health may enter upon the premises at any reasonable time to inspect for
compliance with the provisions of this article. Evidence of compliance with approved waste disposal plans
may be required by the enforcing officers. All records pertaining to waste disposal and removal shall be
retained.
B. Violations.
Written notice of any violations shall be provided to the holder of the certificate of water quality compliance,
specifying a time for compliance, including cleanup of any spilled materials which is reasonable in relation to
the public health hazard involved and the difficulty of compliance, but in no event shall more than 30 days be
allowed for either compliance or finalization of a plan for longer term compliance, approved by the WQRC.
Commonwealth of Massachusetts
Executive Office of Energy & Environmental Affairs
Department of Environmental Protection
Southeast Regional Office • 20 Riverside Drive, Lakeville MA 02347.508-946-2700
Charles D. Baker Kathleen A. Theoharides
Governor Secretary
Karyn E. Polito Martin Suuberg
Lieutenant Governor Commissioner
November 18. 202I
Ms. Karen M. Johnson RE: DENNIS
Director of Natural Resources Town of Dennis
Town of Dennis Crowes Pasture Grassland
685 Route 134 Air Quality Control
South Dennis, MA 02660 Section 7.07(3)(aXt)
PRESCRIBED BURN 4 4F13006
Dear Ms, Johnson:
The Massachusetts Department of Environmental Protection ("MassDF-P"), Bureau of Air and Waste,
Southeast Region, has reviewed a request dated September 1, 2021, submitted by The Town of Dennis (The
Town) Natural Resources Department (NRD). The documentation submitted requests authorization to
conduct prescribed burn operations on parcels managed by The Town which are situated in Dennis,
Massachusetts.
MassDEP has determined that this is a valid application of 7.07 Open Burning as contained in 310 CMR 7.00
"Air Pollution Control" regulations adopted by MassDEP pursuant to the authority granted by Massachusetts
General Laws, Chapter 111, Section 142 A -N, Chapter 21C, Section 4 and 6, and Chapter 21 E, Section 6 of
the "Air Pollution Control Regulations." This determination does not relieve you of the obligation to comply
with any other statutory and regulatory requirements.
The applicable area subject to burning is generally comprised of a flat mixed grassland terrain situated adjacent
to Cape Cod Bay, which serves to bound the units to the north and the east. The vegetation overstory is
comprised primarily of sprouting scrub oak with the understory dominated by cool and warm season grasses
and oak litter. There are some small stands of pitch pine and oak trees as well. In total, the Town manages
2078 acres of open land of which 11.2 acres are applicable to this approval.
The primary goals of the treatment plan include ecological restoration and wildlife habitat management in
conjunction with wildland fuel hazard reduction. Additionally, the prescribed burn operations provide fire
training opportunities, as allowable under MassDEP Open Burning regulations at 310 CMR 7,07(3)(a).
This information is available in alternate format, Contact Michelle Waters-Ekanem, Director of DlversityfCivil Rights at 617-292-6761.
TTY# Mass Re lay Service 1-800439-2370
Mass0EP Website: www. mass. govldep
Printed on Recycled Paper
Town of Dennis
Crowes Pasture Grassland
Prescribed Burn Approval
Authorization 9 4F13006
November 18, 2021
Page 2
This authorization is contingent upon the following conditions:
1. The prescribed burn may only be conducted on days that the Air Quality Index (AQI) for Ozone is
predicted to be less than or equal to 50 and the AQI for fine particulate (PM2.5) is predicted to be less
than or equal to 75.
A) The proponent may either obtain a forecast from the MassDEP web site
http:Heeaonfine.eea.state.ma.us/dep/massair/web/#1 or from the EPA AIR NOW website
http://www.aimow.govl in order to determine the Air Quality Index (AQI) for the day the burn is
proposed. The AQI is normally posted by 11:00 AM each day and provides a prediction of air
quality conditions for the following day.
B) If the predicted AQI is marginal or should the proponent want an updated forecast, the proponent
may contact MassDEP Air Quality Forecasting staff at 617-292-5838 for additional guidance. If
MassDEP Air Quality Forecasting staff is unavailable, the proponent shall rely solely on the AQI .
to determine whether the burn can proceed.
C) On days where the AQI is predicted to exceed the set values for either Ozone or PM2,5, then the
burn shall be postponed until a day when the air quality improves below the stated values.
FORECASTING TOOLS
RELATED HYPERLINK s
NIA AO FORECAST
http://eeaonlinc.eea.state.ma.us/dep/massair/wcb/ff/
EPA AIR NOW
https://www.aimow.goyl
FIRE WEATHER FORECAST
https://www.weather.gov/firel
2. This authorization allows the proponent to conduct the proposed prescribed burning activities form
November 18, 2021, through November 18, 2023. The proponent may not conduct research burning
from duly 1 to September 15 during the term of the approval.
The proponent shall notify area residents and visitors of the prescribed burn activities as soon as feasible
or ideally two (2) days prior to the proposed event. Said notice should include the posting of physical
placards on significant roadways, access trails, and neighborhood areas adjacent to the burn zone(s) as
well as notice(s) in newspaper(s) of local circulation. In cases where residential dwellings are situated
in close proximity to areas to be treated, more direct notification methods shall be required. This may
include individual leaflets per house, reverse 911 or direct verbal notice from fire control personnel on
foot in the applicable neighborhood(s).
4. The prescribed burn plan, to include smoke screening, shall be reviewed and approved by an
appropriately experienced burn boss or fire manager, prior to the ignition of any burn unit. The
prescribed burns must be conducted in accordance with all applicable fire management plans and smoke
management practices. The following guidebooks may be used as reference.
Town of Dennis
Crowes Pasture Grassland
Prescribed Burn Approval
Authorization # 4F13006
November 18, 2021
Page 3
Document Title with Internet HYPERLINK if applicable)
Interagency Prescribed Fire Planning and Implementation Procedures Guide (2017)
htt2s://www.nweg.gov/sites/default/files/Tublicationsl ms484. df
NEW - GTR -SRS -103 Managing Smoke at the Wildland Urban Interface (2007)
hqR://www.,srs.fs.usda.goy/puL srs] 03.pdf
PMS -420-2 NWCG Smoke Management Guide for Prescribed and Wildland Fire, (20 18)
h s://www,nwc ov/sites/default/files) ublicaiionsl ms420-2. df
NEW - Prescribed Fire Smoke Management Pocket Guide
http://smokcapp.serppas.or index.htm]
NEW — Smoke Emissions & Smoke Portal
htt:Ilwww.frames, ovl artner-sites/emissions-and-smoke/educational-resources/tutorial/
Town of Dennis: Applicable Prescribed Fire Plan
5. All burn activities shall be supervised by an appropriately experienced burn boss, at all times. In
addition, all burn activities shall be supported by sufficient staffing and equipment based on the size,
vegetation type, and geographical setting of the burn zone.
6. A prescribed burn may only take place if it is determined that the prescribed burn would still be within
prescription parameters as outlined in the prescribed burn plan.
7. All ignitions will be conducted between the hours of 9:00 am through 5:00 pin with all burns being in
burn down mode between 5:00 pm and 9:00 pm, unless otherwise authorized by MassDEP and the local
Fire Department.
8. Total acreage to be burned per year by the proponent shall not exceed 11.2 acres.
9. Prescribed burning must be conducted during periods of good atmospheric ventilation.
10. Prescribed burning shall be conducted without causing a nuisance condition.
11. Prescribed burning shall be conducted with smoke minimizing starters if starters or starting aids are
used.
12. Prescribed burning must be conducted under the provisions of a properly executed permit issued under
the provisions of Massachusetts General Law Chapter 48 Section 13.
13. Best smoke management practices must be exercised to determine appropriate burn unit size, and
ignition methods.
14. The Southeast Regional Office (SERO) of MassDEP shall be notified by email of the intent to conduct
any prescribed burn prior to, but not in excess of, forty-eight (48) hours to any ignition. The following
persons at SERO shall be notified:
7ohn.Paino mass. ov Primary Recipient of Notifications
Sero.air@mass.gov Secondary Recipient of Notifications
Dan.DiSaivio@mass.gov CC Only
Steven.cou hQ lina,mass.gov CC Only
Marc.bennet a,mass.gov CC Only
Town of Dennis
Crowes Pasture Grassland
Prescribed Burn Approval
Authorization # 4F13006
November 18, 2021
Page 4
15. The prescribed burn shall be continuously monitored under the direct auspices of the appropriate local
fire department, or their designee, and adequate resources must be provided to ensure safe execution of
open burn activity.
16. A copy of this approval letter and applicable burn unit list shall be sent to the local fire department and
board of health at least thirty (30) days prior to any prescribed burn within their jurisdiction.
17. Any alteration or destruction of vegetation undertaken within a wetland or within the one hundred (100)
foot buffer zone requires the prior written permission of the local conservation commission, pursuant
to the Massachusetts Wetlands Protection Act, M.G.L. Chapter 131 section 40 and the implementing
regulations at 310 CMR 10.00.
18. Within 30 days on the conclusion of the prescribed burn authorized herein but no later than 30 days
after the expiration of this authorization, the proponent shall provide MassDEP with a summary of the
fire management activities that have been conducted during the previous two-year period. This report
shall detail the results of the previous two-year period and how the goals of the burn program were
achieved including but not limited to, problems with burn execution, scientific objectives, nuisance
conditions that may have occurred, objectives obtained that would not have been possible if mechanical
clearing methods were used.
19. Before commencement of any initial prescribed burning, the proponent shall provide a copy of
proposed burning to the Massachusetts Division of Fisheries and Wildlife, Natural Heritage &
Endangered Species Program, 1 Rabbit Hill Road, Westborough, MA 01581, to ensure compliance
with the Massachusetts Endangered Species Act (MESA) M.G.L., c. 131A.
20. This authorization shall remain in effect for a period of two (2) years and shall expire on
November 18, 2023.
21. Failure to comply with these conditions may result in the revocation of this authorization.
Be advised, in accordance with open burning regulation at 310 CMR 7.07(6), all prescribed burning
activities authorized herein are subject to the enforcement provisions of 310 CMR 7.52, which allow any
police department, fire department, or board of health within their jurisdictional area full enforcement
authority.
Should you have any questions relative to this matter, please contact John Paino of the Regional Office by
telephone at 508-946-2744, or in writing at the letterhead address or by email at John.Paino mass.gov.
Very truly yours,
Thomas Cushing, Chief
Permit Section
Bureau of Air and Waste
TC/JP
Town of Dennis
Crowes Pasture Grassland
Prescribed Burn Approval
Authorization 4 4F13066
November 18, 202I
Page 5
SERO-DENU-BURN-APPR-REN-CY202 Ldocx
Ec; Town of Dennis Natural Resource Department
Town of Dennis Board of Health
Town of Dennis Fire Dept
Town of Yarmouth Board of Health
Town of Yarmouth Fire Department
Town of Brewster Board of Health
Town of Brewster Fire Dept
Department of Conservation and Recreation Forest Fire Control, District 1
DEP-BA W -SERO
Seth Pickering
Massachusetts Department of Environmental Protection
eDEP Transaction Copy
Lly��y
Here is the file you requested for your records.
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Username: SFARRENKOPF
Transaction ID: 1326701
Document: Groundwater Discharge Monitoring Report Forms
Size of File: 1030.56K
Status of Transaction: In process
Date and Time Created: 1112312021:12:15:29 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 1951
Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number
Ll
Groundwater Permit2, Tax identification NumberETDAILY LOG SHE 2021 OCT DAILY �
3. Sampling Month & Frequency
A. Facility Information
Important:When
filling out forms on t. Facility name, address:
the computer, use ]MAPLEWOOD AT BREWSTER
only the tab key to a. Name
move your cursor - 820 HARWICH ROAD
do not use the
return key. b. Street Address
BREWSTER IMA 102631
l C. City d. State e. Zip Code
2. Contact information:
JWIJ? AJOSEPH SMITH
a. Name of Facility Contact Person
7742125005 lismith@NSUWater.com
b. Telephone Number
3. Sampling information:
c. e-mail address
10/1/2021 INOTAPPLICABLE
a. Date Sampled (mmlddlyyyyj b. LabDTatoey 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 Oct Daily
r All forms for submittal have been completed.
2. r This is the last selection.
3. F Delete the selected form.
gdpols 2015-09-15.doc • rev. 09/15/15 Groundwater Permit Dally Log Sheet • Page 'I of 1
Massachusetts Department of Environmental Protection 1951 {
Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number
Groundwater Permit
2. Tax identification Number
DAILY LOG SHEET 2021 OCT DAILYLl _ J
3, Sampling Month & Frequency
C. Daily Readings/Analysis Information
Date Effluent Reuse Irrigation Turbidity Influent pH Effluent Chlorine [N
Flow GPD Flow GPD Flow GPD pH Residual Intensity
1
2
3
4
s
6
7
8
9
10
11
12
13
14
1s
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
5,8 7�
gdpols.doc • rev. 09/15/15 Groundwater Permit Daily Log Sheet • Page 1 of 1
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7.3
fi.9
7.2
T.6
7.1
6.8
7.1
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7.1
6.8
7.1
7.2�
6.9
6.8
7.3
6.9
7.1
B.8
7.2
7.3
6.9
6.9
7.2
7.2
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7.2
T.4
6.9
7.3
6.8
gdpols.doc • rev. 09/15/15 Groundwater Permit Daily Log Sheet • Page 1 of 1
u
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Groundwater Discharge Program
Groundwater Permit
DISCHARGE MONITORING REPORT
A. Facility Information
lmportant:When
filling out farms an 1. Facility name, address:
the computer, use MAPLEWOO❑ AT BREWSTER
only the tab key to a. Name
move your cursor - 820 HARWICH ROAD
do not use the
return key. b . Street Address
BREWSTER IMA
I
C. City d. State
IL AV 2. Contact information:
�R6&jnn JOSEPH SMITH
951
1. Permit Number
2. Tax identification Number
2029 OCT PutONTHLY
3. Sampling Month & Frequency
02631
e. Zip Code
a. Name of Facility Contact Person
7742125005 jsmith@NSUWater.com
b. Te5ephcne Wrrber c. e-mail address
3. Sampling infonnation:
10/2112021
IALPHA ANALYTICAL
a. Date Sampled (mm+ddlyyyy) b. Laboratory Name
ALPHA ANALYTICAL PERSONNEL
c. Analysis Performed By (Name)
B. Form Selection
I. Please select Form Type and Sampling Month & Frequency
Discharge Monitoring Report - 2021 Oct Monthly
- All forms for submittal have been completed.
2. F This is the last selection.
3. r Delete the selected farm.
gdpols 2015-09-15.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 l
2, Tax Identification Number
D15CHARGE MONITORING REPORT — — - - -----
12021 OCT MONTHLY
Lll� 3. sampling Month & Frequency
D. Contaminant Analysis Information
• For "0", below detection limit, less than (<) value, or not detected, enter "ND"
• TNTC = ton numerous to count. [Fetal results only]
• N5 = Not sampled
1. Parameter/CvntamIna nt
2. Influent
3. Effluent
4. Effluent Method
Units
Detection limit
110
IND
2.0
MGIL
TSS
I39 ---
�4 _�
5.0
MGIL
---J
TOTAL SOLMS
480
MGIL
AMMONIA -N
19
MGIL
NITRATE -N
2.3 I
a.1 Q
MGIL.
TOTAL NITR0GEN(NO3+NO2+TKN)
13+40
11.15
Mull.
OIL & GREASE
IND
�4.0
MG[L
infe4Frp-blarnk.doc • rev. 09/15/15 Groundwater Permit Discharge Monitoring Report • Page 1 of 1
Massachusetts Department of Environmental Protection 1951
Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number _
Groundwater Permit
MONITORING WELL. DATA REPORT 2. Tax identification Number
2021 OCT MONTHLY
LLI
- _
3. Sampling Month & Frequency
A. Facility Information
Important:When
filling out forms on 1. Facility name, address:
the computer, use IMAPLEWOOD AT BREWSTER
only the tab key to a. Name
move your cursor - 820 HARWICH ROAD
do not use the
return key. b. Street Address
BREWSTER IMA 102631
IAS c. City d. State e. Zip Ccde
2. Contact information:
r; err JOSEPH SMITH
a. Name of Fatality Contact Person
7742125005 jsmith@NSUWater.com
b. Telephone Number ❑. e-mail address
3. Sampling information:
10/28/2421 INOT APPLICABLE
a. Date Sampled {mmlddfyyyyj 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 Oct Monthly
r- All forms for submittal have been completed.
2. r This is the last selection.
3. r- Delete the selected form.
gdpols 2015-09-15.doc • rev. 09/15/15 Groundwater Permit Daily Log Sheet - Page 1 of I
Massachusetts Department of Environmental Protection 951 f
Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number
Groundwater Permit
MONITORING WELL. DATA REPORT 2. Tax identification Number
2021 OCT MONTHLY
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)
• N5 = Not Sampled
• DRY. = Not enough water in well to sample.
ParameterlContamIna nt MW -1 MW -2 MW -3 MW -4
Units Well #: 1 Well #: 2 Well #: 3 Well #: 4 Well #: 5 Well #: 6
PH 8.42 8.39 8.66 18,11
S.U.
STATIC WATER LEVEL 32.46 31.69 32.49 32.27
FEET
SPECIFIC CONDUCTANCE 7� 3 120.2 342.1 88.6
UMHOSC
mwdgwp-blank.doc • rev. 09/15/15 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.
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
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Groundwater Discharge Program
Groundwater Permit
Facility Information
MAPLEWOOD AT BREWSTER
a. Name
820 HARWICH ROAD
951 —
1. Permit Number
2. Tax identification Number
b. Street Address
BREWSTER MA 102631
C. City
d. State e. Zip Code
Certification
"I certify under penalty of law that this document and all attachments were prepared under my dlrectlon or supervision in
accordance with a system designed to assure that qual€fed personnel properly gather and evaluate the information submitted.
Based on 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 J11/23/2021
a. Signature b. Date (mmlddfyyyy)
Package Comments
BENNETT ENVIRONMENTAL ASSOCIATES, LLC. [BEA] HAS COMPLETED THE OCTOBER 2021
MONTHLY INFLUENT AND EFFLUENT SAMPLING OF THE BIOCLERE WASTEWATER
TREATMENT SYSTEM. MONTHLY WASTEWATER SAMPLING WAS COMPLETED ON 10121121,
LABORATORY RESULTS REPORTED ALL PARAMETERS WITHIN DISCHARGE PERMIT LIMITS.
EFFLUENT PH WAS REPORTED WITHIN THE 6.5 TO 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 19,800 -GPD
LIMITATION THROUGHOUT THE MONTH. THE MINIMUM, MAXIMUM AND AVERAGE GPD
FLOWS REPORTED OVER THE COURSE OF THE MONTH WERE 4,255 GPD, 8,856 GPD AND
5,916 GPD, RESPECTIVELY.
gdpols 2015-09-15.doc • rev. 09/15/15 Groundwater Permit • Page 1 of 1
Massachusetts Department of Environmental Protection
�V eDEP Transaction Copy
I
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: 1326418
Document: Groundwater Discharge Monitoring Report Forms
Size of File: 1027.77K
Status of Transaction: in Process
Date and Time Created: 1112212021:3:34:29 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.
tib
rek►n
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Groundwater Discharge Program
Groundwater Permit
DAILY LOG SHEET
A. Facility Information
Facility name, address:
PLEASANT BAY HEALTH CTR
a. Name
SOUTH ORLEANS ROAD
1746
1. Permit Number
2. Tax identification Number
2021 OCT DAILY
3. Sampling Month & Frequency
b. Street Address
BREWSTER MA IQ2631
o- City d. State e. Zip Code
2. Contact information:
OSEPH SMITH
a. Name or Facility Contact Person
7742125005
b. Telephone Number
3. Sampling information:
110/11/2021
a. Date Sampled (mmlddlyyyy)
BEA NSU PERSONNEL
c. Analysis Performed By (Name)
B. Form Selection
jsmith@NSUWater.com
c. a -mall address
Nor APPLICABLE
b. Laboratory Name
1. Please select Form Type and Sampling Month & Frequency
Daily Log Sheet - 2021 Oct Daily
r- All fortes for submittal have been completed.
2. r- This is the last selection.
3. F Delete the selected fonn.
V
gdpols 2015-09-15.doc • rev. 09/15/15 Groundwater Permit Daily Log Sheet • Page 1 of 1
Massachusetts Department of Environmental Protection [7 46 _
Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number
Groundwater Permit
2. Tax identification Number
DAILY LOG SHEET 21721 oar DAILY
LL 1 CT
3. Sampling Month & Frequency
Date
1
2
3
4
5
6
7
8
9
1�
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
C. Daily Readings/Analysis Information
Fffluent Reuse Irrigation
Flow GPD Flow GPD How GPD
Turbidity Influent pH
72
B.3
Effluent
PH
6.8
6.8
6.7
6.9
6.8
6.8
6.8
6.9
6.8
6.7
ff
6.6
7.3
6.7
6.6
6.6
s.7
6.8
7.2
6.9
Chlorine UV
Residual intensity
(mgrl] (ON
64.4
64.9
64.5
69.2
69.2
EEd
61.4
61.4
97.2
67.5
61.5
66.5
69.1
T4.4
6B.6
66.5
66.7
66.7
66.6
gdpdis.doc • rev. 49/15/15 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.
VIIr�J
jA 11
rrrwa
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Groundwater Discharge Program
Groundwater Permit
DISCHARGE MONITORING REPORT
A. Facility Information
1, Facility name, address:
PLEASANT BAY HEALTH CTR
a. Name
383 SOUTH ORLEANS ROAD
b. Street Address
BREWSTER IMA
C' City d. State
2. Contact information:
JOSEPH SMITH
a. Name of Facility Contact Person
17742125005
b. Te--ptame Number
3. Sampling information:
10/6/2021
a. Date Sampled (rrWddlyyyy)
ALPHA ANALYTICAL PERSONNEL
c. Analysis Performed By (Name)
B. Form Selection
746
1. Permit Number
2. Tax identification Number
2021 OCT MONTHLY
3. Sampling Month & Frequency
02631 .
e. Zip Code
ljsmith@NSUWater.com
c. e-mail address
ALPHA ANALYTICAL
b. Laboratory Name
1. Please select Form Type and Sampling Month & Frequency
Discharge Monitoring Report - 2021 Oct Monthly
r
All forms for submittal have been completed.
2. -'Phis is the last selection.
3. r Delete the selected form..
gdpols 2015-09-15.doc • rev. 09/15/15 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
2021 OCT MONTHLY
3. Sampling Month & Frequency
D. Contaminant Analysis Information
• For "0", below detection limit, less than (<) value, or not detected, enter "N D"
• TNTC = too numerous to taunt. (Fecal results only)
• N5 =Not Sampled
1. Parameter/Contaminant
Units
BOD
MGIL
TSS
MGJL
TOTAL SOLIDS
I r'� L.
AMMONIA -N
MOIL
NITRATE -N
MG.L
TOTAL NITROGEN(NO3+NO2+TKN)
MG+L
OIL & GREASE
MG&
FECAL COLIFORM
1100 ML
CHLORIDE
MG;L
2. Influent 3. Effluent 4. Effluent Method
Detection limit
1140 — ---- ND 40
170 W ND 5.0
1330 j 240 1 10
15
8.7 � 1 ❑.5a 1
90.90
IND - --
200
52
infeffrp-blank-dor • rev. 03/15/15 Groundwater Permit Discharge Monitoring Report • Page 1 of 1
Massachusetts Department of Environmental Protection [746
` Bureau of Resource Protection -Groundwater Discharge Prr+gram 1. Permit Number
�-_ Groundwater Permit
2. Tax Identification Number
;',I MONITORING WELL DATA REPORT 2021 OCT MONTHLY
3, Sampling Month & Frequency
A. Facility Information
Important:When
filling out forms on 1. Facility name, address:
the computer, use IPLEASANT BAY 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 MA 102631
try c. City d. State e. Zip Cade
2. Contact information:
run JOSEPH SMITH
a. Name of Fadlity Contact Person
7742125005 'smith@NSUWater.com
b. Telephone Number c. e-mail address
3. Sampling information:
110/6/2021 NOT APPLICABLE
a. Date Sampled tmmlddlyyyyj 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 Oct Monthly
-
All forms for submittal have been completed.
2. This is the last selection.
3. r- Delete the selected form.
gdpols 2015-09-15.doc • rev. 09/15115 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
MONITORING WELL DATA REPORT
2021 OCT MONTHLY
LLI- 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.
Parameter/Contaminant DG -1 DG -2 DG -4 UG -1
Units Well' #: 1 Well #: 2 Well #: 3 Well #: 4 Well #: 5 Well #: 6
5.56 5.41 6.18 _ j5.05
S.U.
STATIC WATER LEVEL 110.94 12 15
FEET
SPECIFIC CONDUCTANCE 352 54.5 383 236
uwoslc
mvedgwp-blank.doc • rev. 09/15/15 Monitoring Well Data for Groundwater Permit • Page 1 of 1
important:When
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IV
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Groundwater discharge Program
Groundwater Permit
1746
1. Permit Number
i
2. Tax identification Number
Facility Information
PLEASANT SAY HEALTH CTR
a. Name
383 SOUTH ORLEANS ROAD
b. Street Address
8REWSTER JIMA 102631
C. City d. State e. Zip Cade
Certification
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in
accordance wlth 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
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are significant penalties for submitting false Information, including the possibility of fine and imp rlsonmenI for knowing vie]ations."
SAMANTHA FARRENKOPF J11/22/2021
a. Signature
Package Comments
b. Date (mm/ddlyyyy)
ENNETT ENVIRONMENTAL ASSOCIATES, LLC. (BEA) HAS COMPLETED THE OCTOBER 2021
IONTHLY INFLUENT AND EFFLUENT SAMPLING OF THE AMPHIDROME WASTEWATER
REATMENT SYSTEM. MONTHLY WASTEWATER SAMPLING WAS COMPLETED ON 1016121.
4BORATORY RESULTS REPORTED TOTAL NITROGEN GREATER THAN DISCHARGE PERMIT
IMITATIONS. EFFLUENT RESAMPLING COMPLETED ON 10/26/21 FOR ANALYSIS OF TOTAL
ITROGEN REPORTED A CONCENTRATION OF 0.76 MG/L. EFFLUENT PH WAS REPORTED
IITHIN THE 6.5-8.5 RANGE THROUGHOUT THE MONTH. FLOW VOLUME MEASUREMENTS
IERE ASSESSED DURING THE MONTH FROM THE SYSTEM'S EFFLUENT FLOW METER.
AILY FLOW REMAINED WITHIN THE 26,500 -GPD LIMITATION THROUGHOUT THE MONTH.
HE MINIMUM, MAXIMUM AND AVERAGE GPD FLOWS REPORTED OVER THE COURSE OF
HE MONTH WERE 4,641 GPD, 13,816 GPD AND 8,822 GPD, RESPECTIVELY.
gdpols 2015-09-15.doc • rev. 09/15/15 Groundwater Permit • Page 1 of 1
November 12, 2021
Dear Tobacco Retailer:
Town of Brewster
2198 MAIN STREET
BREWSTER, MASSACHUSE"I'TS 02631-1898
PHONE: 508.896,3701 EXT. 1120
FAX: 508.896.4538
hrhealth0 Brewster-ma.gay..
V4 WW.BREWSTER-MA.GOV
Health Department
Amy L. von Hone, R.S., C. H.O.
Director
Sherrie McCullough, R.S.
Assistant Director
Tammi Mason
Senior Department Assistant
On behalf of the Board of Health and the Health Department staff, we thank you for your continued
efforts to keep illegal tobacco and nicotine products out of the hands of our underaged residents and
visitors in Brewster. The attached article provides an important summary of the unfortunate trend of
the use of flavored nicotine products by underage children. The attraction of flavored products to our
youth emphasizes the importance of your role in preventing the illegal sale and use of these products
to protect the health and safety of our younger generation,
As a reminder to our tobacco and/or vape product retailers, please note that the ban on the sale of
flavored vape products, which went into effect on November 27, 2019, was extended to traditional
tobacco products including, but not limited to, cigarettes, cigars, chew tobacco, spit tobacco, bidis and
loose tobacco. As of June 1, 2020, general tobacco retailers and adult -only retail tobacco stores,
cannot sell these products; only Smoking Bars are exempt from this policy and only for on -premises
consumption.
A sample list of affected products include, but are not limited to:
• Newport, Kool and Salem menthol cigarettes
• Copenhagen, Grizzly and Skoal mint or flavored dip/chew tobacco
■ Cigars, cigarillos or bidis in fruit, candy, mint, menthol or liquor flavors
■ Any other tobacco or vape product that has a taste or aroma other than tobacco
■ Nicotine products even if they do not contain tobacco
Please note, the sale of any tobacco product, including cigarettes, is prohibited to anyone under the
age of 21 statewide. State law also substantially raises the fines for sales to minors and violations of
the flavored tobacco product sales restriction policy (amongst other state law policies). Penalties
assessed for violations of Massachusetts General Law, Chapter 270, Section 6 are:
r $1000 for a first violation (instead of $100);
$2000 for a second violation within 36 months (instead of $200); and
$5000 for a third or subsequent violation within 36 months (instead of $300)
C:1Usersltmason\Appaata\Local\Microsoft\WindOW5\1 NetCache\Content. Outlook\K2AF1U3R1tobaccoreta11erletter vaping article 11.12.2021.doc
Local cities and towns cannot lower these fines. Repeat violators will also.be subject to a local tobacco
product sales permit suspension.
To read and better understand this amended state laws, see Mass. Gen. Laws Chapter 270, Section 6 or
search for "MGL Ch. 270, §6".
Sincerely,
Amy von Hone, R.S., C.H2O.
Health Director
CC: BON
file
CAUsers\tmason\App0ata\LocaI\ M1crosoft\Windows`,INetCache\Content.Out] ook\K2AFIU3R\tobaccoretailerlettervaping article 11.12.2021.d0c
Morbidity and Mortality Weekly Report
Notes from the Field
E -Cigarette Use Among Middle and High School
Students — National Youth Tobacco Survey,
United States, 2021
Eunice Park -Lee, PhD=; Chunfeng Ren, PhD';
Michael D. Sawdey, PhD'; Andrea S. Gentzke, PltD2;
Monica Cornelius, PhD2; Ahmed Jantal, MBBS2; Karen A. Cullen, PhD'
Since 2014, e -cigarettes have been the most commonly
used tobacco product among U,S. youths (1). In 2020, an
estimated 3.6 million (13.1°/0) U.S. middle and high school
students reported using e -cigarettes within the past 30 days
(current use); more than 80% of current users reported fla-
vored e -cigarette use (2). Whereas the most commonly used
device type in 2019 and 2020 was a prefilled pod or cartridge,*
disposable e -cigarette use increased significantly during this
time among youths who currently used e -cigarettes in middle
school (from 3.0% to 15.2%) and high school (from 2.4%
to 26.5%) (3). CDC and the Food and Drug Administration
(FDA) analyzed nationally representative data from the 2021
National Youth Tobacco Survey (NYTS), a school-based,
cross-sectional, self-administered survey of U.S. middle school
(grades 6-8) and high school (grades 9-12) students conducted
during January 18–May 21, 2021 (20,413 students from 279
schools; overall response rate = 44.6%).t Because of the ongo-
ing CCVID-19 pandemic, data were collected online to allow
participation of eligible students in remote learning settings.s
Current e -cigarette use was assessed overall, by frequency of
use, device type, flavors, and usual brand. Weighted prevalence
'There are a variety of different types of e -cigarette devices that are currently
available, Disposable c- cigarettes come pre PHled with e -liquid, and the entire
device is designed to be discarded after a single use. Other devices have "pods'
or "cartridges" that hold the a liquid, Some pods or cartridges come pre -filled
with e -liquid and are replaced after use, while others can be refilled by the user.
Tank or mod -type devices can also be refilled by users, but are also usually
custon>fxable, allowing the user to change the temperatureorvoltage, nicotine
concentrations, and add accessorles co enhance she user experience.
f The final sample consisted of 508 schools, 279 (54.9%) of which participated;
among 25,149 students, 20,413 (81,295) students pardelpated. The overall
response race (44.6%) is the product of the school level and student -level
participation rates. https;llttnvnv,cde,govltobacco/data_staiistics/surveyslayrsl
index.hun
§ Because of state and local COV1D-19 protocols (e.g., distance or hybrid
learning, restrictive travel, or visitor access), the 2021 NYTS data collection
was transitioned front an in-person, tablet -based administration to a fully online
administration. Eligible students could participate in classrooms, n home, or
in some other remote learning environment. Overall, 50.895 of students who
completed the 2021 NYTS reported completing the survey in a.schoal building
cc classroom and 49.2%,m home or at some other place, Because of these
diflerences in data collection procedures, the 2021 NYTS estimates should not
Lit compared whit previous NM survey waves that were primarily conducted
on school campuses.
estimates and population totalsl were calculated. This study
was reviewed and approved by the CDC IRB."
In 2021, 11.3% of high school students (1.72 million) and
2.8% (320,000) of middle school students reported current
e -cigarette use (Table).Among current e -cigarette users, 43.6%
of high school students and 17.2% of middle school students
reported using e -cigarettes on 020 of the past 30 days; daily
use was 27.6% among current highschool e -cigarette users and
8.3% among current middle school e -cigarette users. Among
both middle and high school current e -cigarette users, the most
commonly used device type was disposables, followed by pre -
filled or refillable pads or cartridges and tanks or toad systems.
Among high school current e -cigarette users, 26.1% reported
that their usual brand was Puff Bar, followed by Vuse (10.8%), .
SMDI{ (9.6°/6), JUUL (5,79'0), and Suorin (2.30/6). Among
middle school current users, 303% reported that their usual
brand was Puff Sar, and 12.5% reported JUUL. Notably,
15.6% of high school users and 19.3% of middle school users
reported not knowing the e -cigarette brand they usually used,
Among current youth e -cigarette users overall, 84.7%
used flavored e -cigarettes, including 85.8% of high school
users and 79.2% of middle school users, Among all current
flavored e -cigarette users, the most commonly used flavor
types among both middle and high school students were
fruit, followed by candy, desserts, or other sweets; mint; and
menthol. When examined by device type used, the most com-
monly used flavor types among current flavored disposable
e -cigarette users were fruit (78,7%. 760,000); candy, desserts,
or other sweets (34,3%; 330,000); mint (30.10/x; 290,000);
and menthol (21.5°/0; 200,000). The most commonly used
flavor types among current flavored pod or cartridge users
were fruit (57,9%; 270,000); menthol (46.3%, 21.0,000); mint
(30.7%;140,000); and candy, desserts, or other sweets (28.2°/x;
130,000). The most commonly used flavor types among cur-
rent flavored tanks or mad systems users were fruit (70.9%;
100,000); candy, desserts, or other sweets (51.2%; 74,000);
mint (34.5%; 50,000); and menthol (24.7%; 30,000). Among
current flavored e -cigarette users, fruit: was the most commonly
reported flavor type overall, by school level, and across all
e -cigarette devices.
The 2021 NYTS was fully conducted amid the global
CCVID-19 pandemic, during which time eligible students
could participate in the survey in classrooms, at home, or
T Weighted population estimateswetc rounded down to the nearest io owstudents.
** 45 C.F.R. part 46; 21 C.1 R. part 56.
U5 Department of Health and Human ServiceslCenters for Disease Control and Prevention M MWR 1 October 1, 2021 1 Vol. 70 1 No. 39 1387
Morbidity and Mortality Weekly Report
TABLE, prevalence of past 30•day e -cigarette use," overall and by selected characteristics and school level -- National Youth Tobacco Survey,
United States, 2021
Characteristic
Overall
Estlmated
%(959 Cl) weighted noir
Hlgh school
Estimated
%(95%C1] weighted not
Middle school
Estimated
%(95%Cl) weightedno,t
Among all students
Current use of e -cigarettes
7,6 (6.6-8.7)
2,060,000
11.3 (9,7--13,0)
1,720,000
2.8 (2.2-3.4)
320oOOO
Among current e -cigarette users
Frequency of e -cigarette use
1-19 days per month
60.6 (56.5--64.6)
1,240,000
56A (51.8-61.0)
970,000
87.8 (77,4-87.2)
270,000
20-30 days per mantic
39.4 (35.4--43.5)
810,000
43.6 (39.048,2)
750,000
17.2 (12,&-22.6)
50,000
Daily e -cigarette usell
24,6 (21,8-27,8)
500,000
27.6 (24.3-31.2)
470,000
8.3 (5.6-12.03
20,000
Device type usedI
Disposables
53.7 (48.7-58.6)
1,080,000
55.8 (50.8-60.7)
940,000
43,8 (34.0-54.1)
130,000
PrefiIIed or refill lable pads arcartridges
28.7 (25.1-32.6)
5704000
28.9 (24.9-33.3)
480,000
27.8 (22,0-34,4)
80,000
Tanks of mod systems
94 (6.0-11.8)
180,000
7,5 (5,5-10,3)
120,000
15.6 (9,7--24,1)
40,000
Don't know
8.6 (6.7-11.0)
170,000
7.8 (5.7--10.4)
130,OOD
12.8 (8.0-19.9)
40,000
Usual brand**
Puff Bar
26.8 (22.9-31.1)
520,000
26,1 (22,0-30.6)
430,000
30.3 (21.9--40,3)
90,000
Vuse
10.5 (6.9-15.6)
200,000
10,8 (7.1-16.2)
170,000
-tt
-
SMOK(Inc ludingNOVO)
8,6(6,4-11,5)
160,000
9.6(7.1-13.0)
150,000
-
-
JUUL
6,8 (4.9-9.3)
130,00D
5.7 (3.8-8.5)
90,000
12,5 (8.3-18.4)
30,000
Suarin
2.1 (1.2-3.7)
40,000
23 (13-4,0)
30,o0o
No usual brand
2.4 (1.5-3.8)
40,000
2,5 (1.5-4.1)
40,000
-
-
Some ather brand not listed
19,8 (15,7-24.6)
390,000
21.0 (16.5-26.3)
340,006
13.8 (8.6-21.3)
40,000
Don't know
16.1 (13,0-18.8}
310,060
15.6 (13.1--38.4)
250,000
19.3 (14.2-25,8)
60,000
Flavored e -cigarette us0l
Yes
84.7 (81.4-87.5)
1,680,000
a5.8 (82.3-88.7)
1,420,000
79.2 (69.1-86.6)
250,000
No
8.8 (6.9-11.2)
170,000
BA (6.5-10.7)
130,000
11.1 (6.4-18.7)
30,000
Don't know
6.5 (5.0-8.4)
120,000
5,9 (4.3-8.0)
90,000
9.7 (6,3-14.7)
3m,000
Flavartype used»
Fruit
71.6 (67.8-75.1)
1,190,000
72.3 (68.1-76.1)
1,010,000
68.1 (58,7-76,1)
160,aaa
Candy, desserts, or at her sweets
34.1 (30.3-38.2)
560,000
33.6 (29,2-37,1)
460,000
38.8 (30,0-48,3)
90,000
Mint
30.2 (26.9-33.7)
500,x00
30.5 (27.0-34.2)
420,000
26.7 (19.5-35,4)
60,006
Menthol
28,8 (23.6-34.8]
470,000
29.8 (24,2-36,0)
410,000
23.1 (13.8-36,0)
54,000
Alcoholic drink
6,0 (4,3-8,2)
90,1100
5.0 (3.4-7.5)
70,o0D
10.3 (5.9-17.3)
20,000
Chocolate
2.9 (1.9-4.5)
40,000
2.5 (1.4-4.4)
30,000
-
--
Clove orspice
2.1 (1.3-3.3)
30,000
-
-
-
-
5otne other ffavor not listed
10.4 (8.2-13.2)
1704000
9.8 (7,4-12.7)
130,000
13.8 (8.5-21.6)
30,000
Abbreviation: CI = confidence Interval.
* Past 30 -day use of e -cigarettes was determined by asking, 'Duri ng the past 30 days, on haw many days d[d you use e -cigarettes?° Current use was defined as use
on zl day during tate past 30 days.
t Estlmate d total number of users was rounded dawn to the nearest 10,000 person s.OveralI population totals might nots urn to corresponding esti ma tes by sc hool
level because of rounding orinctuslon of students who did not self-report their grade level.
§ Dally e -cigarette use was defined as reported use on 411130 days during the past 30 days.
Device type use among current e -cigarette users was determined by answers to the question,'Which of the fell owl ng best descrlbes the type of e -cigarette you
have used in the past 30 days7 If you have used more than one type, please think about the one you use most often" Response options were the following:
"a disposable e -cigarette (for example, Puff Bar, STIG), an e -cigarette that uses pre -filled or refillable pads or cartridges (for example, JUUL, SMOK, or Suorin);'
"an e -cigarette with a tank that you refill with liquids (including mod systems that ran be customized by the user),'and"I don't know the type,'
Usual brand was determined by two questlons. All current e -cigarette users were first asked, "During the past 30 days, what e -cigarette brands did you use7 (Select
one or more):'Response options were as fol lows: "blu;"Fonsmoke" JUUL,"Leap""Logic; "Moto, "NJOY,""Posh; "f off 841 ,""SPAOK (Including NOVO), "STIG," 'SU orin;
"Vuse""Some other brands) not listed here; and "Not surell don't know the bran cif Thosewha selected more than one aption were then asked,"During the past
30 days, what brand ofe-cigarettes did you usually use? (Choose anlyone answer)"The same response options as the first question were availablewith the additional
response aptlan of "i did not use a usual bra nd." I fasingle brand was selected in the first question, that brand was reported as their usual brand. otherwise, the
option selected In the second question was recorded as the usual brand.Those who selected"Some other brands) not listed here'could provFde a wrlte-In response;
write-in responses corresp and In g to an ariglnal response nptlan were re coded, Data for btu, Eonsmake, Leap, Logic, Mojo, NJOY, Posh, and STIG are not shown
because of statistically unreliable estimates resulting from an unweighted denomfnator ¢50 or a relative standard error 73096 overall and at both school levels.
fit Dashes Indlcate data were statistically unreliable because of an unwelghted denominator [50 or a relative standard error>30%.
§§ Flavored e -cigarette use was assessed by the question,"Were any of the e-clgarettes that you used In the past 30 days Savored to taste Iike menthol, mint, clove
of spice, alcohol drinks, candy, fruit, chocolate, Arany at her Flavor?"Res ponses were"yes,"no,'ar"don't knaw."
of Flavor type use among current (past 30 -day) users of flavored e -cigarettes was determined by answers to the questlon,"What flavors were the e -cigarettes that
you have used in the past 30 days? (Select one or more):'Responseoptionswere"menthol,"mint, clovearspice""fruit" chocolate; 'alcoholICdrinks(such as wine,
margarita, or ather cocktails); "candy, desserts, or at her sweets; and "some other flavor not listed here"Those who selected "some other flavor not Ilsted here"could
provide a write -In re sponse; wri te -in re s pa n ses correspon ding to an arig lnal response option were recod ed,
1388 MMWR 1 October 1, 2021 1 Vol. 73 1 No, 39 US department of health and Human Set vlres/Centers for Disease Control and Prevention
Morbidlty and Mortality Weekly Report
at some other place. Differences in tobacco use estimates
by locationff might be due to potential underreporting of
tobacco use behaviors or other unmeasured characteristics
among youths participating outside of the classroom. Thus,
estimates from the 2421 NYTS should not be compared with
previous NYTS survey waves that were primarily conducted
on school campuses.
Approximately 2.06 million youths were estimated to be
current e -cigarette users in 2021. Use of tobacco products by
youths in any form, including e -cigarettes, is unsafe. Most
e -cigarettes contain nicotine, and nicotine exposure during
adolescence can harm the developing brain (5). Ongoing efforts
to address youth e -cigarette use, including FDA's prioritized
enforcement against terrain unauthorized flavored, cartridge -
based e -cigarettes in 2020, are critical (4). As the tobacco prod-
uct landscape continues to evolve, sustained implementation
of comprehensive tobacco control and prevention strategies at
the national, state, and local levels, coupled with FDA regula-
tion, can reduce and prevent tobacco product initiation and
use among youths (5).
tf Youths who reported participating in the 2021 NYTS in a school building.or
classroom reported a higher prevalence of c -cigarette use compared with youths
participating at home or at sonic other place; 15.0% ofhigh school students
who took the survey in a school building or classroom reported currently
using e -cigarettes compared with 8.1 % of those who took the survey at Ronne
or at some other place (p e0.001).
Corresponding author: Eunice Park -Lee, Eunicc.Park-Lce[nfda.hhs.gov,
301-837-7342.
1Center for Tobacco Products, Food and Drug Admiitistration, Silver Spring,
Maryland; zofl➢cc on Smoking and Health, National Center for Chronic
Disease Prevention and Health Promotion, CDC,
All authors have completed and submitted the International
Committee ofMedical journal Editors form for disclosure of potential
conflicts of interest. No patential conflicts of interat were disclosed,
References
1. Arrazola RA, Singh T, Corey CG, et al. Tobacco use among nsiddle and
high school students—Unired 5cat", 2011-2014. MMWRMorb Mortal
Wldy Rep 2015;64.38I-5. PMID:25879896
2. Wait gTW, Neff Lj, Park -Lee E, Ren C, Cullen ICA, King BA. E -cigarette
use among middle and high school students—United States, 2020.
MMWR Morb Mortal Wkly Rep 2020;69:1310-2. PMID.329414o8
3tttps:/ldoi. orgl 10.15 58 5 /intnwr, in m693 7e 1
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U.S. youtli—an emerging public health challenge. N Engl J Med
2021;384:1573-6. PMID-3372543) haps://doi.arg/10.1056/
NFJMc2033943
4. Center for Tobacco Products. Enforcement priorities for electronic
nicotine delivery systems (ENDS) and other deemed products on the
market without premarket authorization (revised). Silver Spring, MD:
U5 Department of Health and Human Services, Food and Drug
Administration; 2020. litips: llwww.fda.govlmedia11338So/download
5. CDC, lrcigarette use among youth and young adults. A report of the
surgeon general. Atlanta, GA: US Department of Health and Human
Services, CDC, Office on Smoldng and Health; 2016, hups:lle-clgaretres.
surgeongeneral.gov/docunients/2016—SGR—Fu]LReport—non-50g,pdf
US Department of Health and Human SetviceslCenters for Disease Control and Prevention MMWR 1 October 1, 2021 1 Val. 70 1 Na 39 1389