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HomeMy Public PortalAboutBOH3.16.22packetfinal\,llllllllll111111 I I l f 11111111 �n 0`— :rn CO) rffJl�rI111i'���i e i As �v.�\\\\\� Board of Health Peiuty Holeman Annette Graczewski Joe Ford Jeannie Kampas Kimberley Crocker Pearson Health Director Amy von Hone Assistant Health Director Sherrie McCullough Senior Department Assistant Tammi 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 March 16, 2022 at 7:OOPM Pursuant to Chapter 20 of the Acts of 2021, this meeting will be conducted vfa remote means, In accordance with applicable law. This means that members of the public body mayaccess this meeting via virtual means. No in-person attendance of members of the public wliI he permltted, and public participation In any public hearing conducted during this meeting shall be by remote means only. Members of the public who wish to access the meeting may do so In the following manner: Phone. Call (301)715-8592 or (312)626-6799. Webinar ID: 820 4394 4549 Passcode: 979174 To request to speak: Press '9 and wait to be recognized, Zoom we87narr htt s: usozweb.zoom.us 820439445097 wd=M t i vUExKbUIRS-OhMM012h3d z09 Passcode: 979174 To request to speak; Tap loom "Raise Hand", then wait to he 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 meatlog remotely, as noted above. Additionally, the meeting will be broadcast five, In real time, via Live broadcast (Brewster GoveromentTV Channei 18), Livestream fllvestraom.bre wster-ma.govj or Video recording (tv.brewster-ma.gov) 1. Call to Order 2. Chairman's announcements 3. Citizens forum: Members of the public may address the Board of Health on matters not on the meeting agenda for a maximum 3-5 minutes at the Chair's discretion, Under Open Meeting Law, the Board of Health is unable to reply but may add items presented to a future agenda 4. Annual Wastewater Treatment Facility reports: a. Serenity at Brewster - 873 Harwich Road b. White Rock Commons - White Rock Road c. Brewster Landing - Sachemus Trail d. Ocean Edge Resort - Main Street e. Kings Landing - State Street 5. Discuss and possibly vote: 54 john Wings Lane Building Waiver application-office/gym vs. bedroom determination 6. Open Meeting Law complaint update 7. New Board of Health member informational packet 8. Animal Inspector re -appointments 9. Discuss Council on Aging Wellness Fair (May 17, 2022), BOH Table 10. Review & Approve minutes from 12/15/21 & 1/5/22 11. Liaison Reports 12. Matters not reasonably anticipated by the Chair 13. Items for next agenda 14. Next meeting: April 6, 2022 15. Informational items: a. Monthly report for Serenity at Brewster (formally Wingate) b. Monthly report for Cape Cod Sea Camps C. Monthly report for Kings Landing d. Monthly report for Pleasant Bay Health & Living Centers e. Monthly report for Ocean Edge f. Covid cases update 16. Adjournment Date Posted: Date Revised: Received by oWn Clerk: 3/11/2022 NM althlBOH Agendas Ad Minutes and Remote SchodulelBOH AgendwWarch1622a.docx February 9, 2022 Christopher Haywood, PE Manager, Southeast Region Whitewater & Wastewater Solutions 253 B Worcester Road Charlton, MA 01507 Town of Brewster 2198 MAIN STREET BREWSTER, MASSACHUSETTS 02631-1898 Re: Serenity at Brewster (Formally -Wingate) Dear Mr. Haywood: PHONE: 508.896.3701 EXT. 1120 FAX: 508.896.4538 brhealthQbrewster-ma. goy W W W AREWSTER-MA.GOV Health Department Amy L. von Hone, R.S., C.H.O. Director Sherrie McCullough, R.S. Assistant Director T'ammi Mason Senior Department Assistant Pursuant to 5ection 7.00 (Reporting of ail 5WWTF's and Wastewater Treatment Facilities that discharge over 10,000 gallons per day) of the Design, Operation and Maintenance Regulations for Small Wastewater Treatment Facilities, the Board of Health has requested that you attend (remote participation meeting) their meeting on March 16, 2022, at 7:00PM to discuss the facility's performance and other pertinent issues. Please submit an annual written report that summarizes operating results, plant status, problems experienced and any plan modification necessary to this office no later than March 10, 2022. Please confirm the date and time with this office. Sincerely, l ,yvu Nfboo/L Tarnmi Mason Senior Department Assistant Brewster Health Department WhiteV&ter WATER R WASTMMEn SOLUTIONa February 7, 2022 Ms. Tammi Mason Town of Brewster 2198 Main Street Brewster MA, 42631 RE: Serenity at Brewster CE V E D F:B23 2922 13REV%LSTER 1-1EAL-fH L7Et"'f i HENT Dear Ms. Mason, The Wastewater Treatment Plant located at 873 Harwich Road in Brewster has been offline for all of 2021 until September, In September, the plant was ready to accept flows. During September 2021, the minimum flow was 57 gallons, and the maximum was 6,857 gallons. In September 2021, the plant did not meet all the permit requirements. The limit for total Nitrogen is 10 MG/L and the result was 10.1 MG/L. In October 2021, the treatment plant did pass all permit requirements with a minimum daily flow of 1,550 gallons and a maximum daily flow of 4,799 gallons. In November 2021, the treatment plant did not meet all discharge permit requirements. Total Nitrogen was 12 MG/L with a limit of 10 MG/L, The minimum daily flow was 1,704 gallons and the maximum was 3,930 gallons. In both December 2021 and January 2022, the plant met all permit requirements. In December 2021, the minimum daily flow was 1,202 gallons and the maximum was 4,730 gallons, in January 2022, the minimum daily flow was 1,733 gallons and the maximum was 4,216 gallons. With the Flows stabilizing although still low growth is now starting to occur on the RBC and the last two consecutive months have been successful. I have a planned vacation and will be unavailable on 3-16-2022. Please reach out with any questions. Regards, Jahn M. Aprea WhiteWater, Inc. Southeast Manager 2535 Worcester Road I Charlton, MA 01507 508-864-0352 phone 1508-248-2895 fax www.whitewateronline.com February 9, 2022 Robert needy J,M. O'Reilly & Associates PO Box 1773 Brewster, MA 02631 Re: White Rock Commons Dear Mr. Reedy: Town of Brewster 2198 MAIN STREET BREWSTER, MASSACHUSETTS 02631-1898 PHONE: 508.896.3701 EXT. 1120 FAX: 508.896.4538 brhealth Qbrewster-m a.F4oy W W W.BREWSTER-MA.GOV Health Department Amy L. von Hone, R.S„ C.H2O. Director Sherrie McCultough, R. S. Assistant Director Tammi Mason Senior Deparhnent Assistant Pursuant to Section 7.00 (Reporting of all SWWTF's and Wastewater Treatment Facilities that discharge over 10,000 gallons per day) of the Design, Operation and Maintenance Regulations for Small Wastewater Treatment Facilities, the Board of Health has requested that you attend (remote participation meeting) their meeting on March 16, 2022, at 7:0013M to discuss the facility's performance and other pertinent issues. Please submit an annual written report that summarizes operating results, plant status, problems experienced and any plan modification necessary to this office no later than March 10, 2022. Please confirm the date and time with this office. Sincerely, -'Fuou f4A&K- Tammi Mason Senior Department Assistant Brewster Health Department J.M. O REILLY &. ASSOCIATES, INC. PROFESSIONAL ENGINEERING, LAND SURVEYING & ENVIRC)NMEN-rAL SERVICES Site Development • Property Line • Subdivision • Sanitary • Land Court • Environmental Permitting February 11, 2022 Town of Brewster Board of Health 2198 Main Street Brewster, MA 02631 RE: 2021 Annual Wastewater Treatment Operation & Maintenance Report White Rock Commons Subdivision, White Rock Road Dear Board Members: Jab # 9082W D FF.B 2 r 2022 13RFVV ;7LR HLALr2-4 DE_V2"4 1 MrNiT On behalf of our client, White Rock Partners, LLC, J.M. O'REILLY & ASSOCIATES, INC. has prepared a report summarizing the complete 2021 operational results of the Septitech Commercial Wastewater Treatment System, a shared system that serves the above referenced subdivision. ❑ erational Results and Analysis J.M. O'REILLY & ASSOCIATES, INC. conducted 4 quarterly inspections of the wastewater treatment system, which included sampling and performing any necessary maintenance or cleaning tasks at the time of inspection. Inspections were conducted in: March, June, September, and November, Please see attached 2021 inspection reports. Effluent samples were tested for BODS, pH, TSS, DO, Temperature, TKN, Nitrate, Nitrite and Total Nitrogen. Total Suspended Solids (TSS) and BODS have been found to be within the allowable threshold during all testing for 2020. The total nitrogen levels were below the 19mg/1 limit for March, June and November, and was at 19mg/L for September. Refer to table 1. rable 1, Quarterly Total Nitrogen Levels in Effluent, 2021 Month Total Nitrogen (mg/1) Month Total Nitrogen (mg/I) March 16 September 19 June 9.3 November 12.04 The higher Total Nitrogen results for September is attributed to the failure of Recirculation pump #1. This pump failure resulted in only one half of the aerobic media chamber being dosed as designed. The pump failure was noted on September 8, 2021. Once the problem was identified, a replacement pump was ordered, and installed on September 15, 2021 to restore the system to full processing capacity. 1573 MAIN STREET, P.O. Box 1773, BREWSTER, Mtn 02631 - PHONE: (508) 896-66oI • FAx: (SoB) 896-66o2, WW W.JMOREMLYASSOC.COM The septic tank sludge judged during the September inspection, and it was observed that the sludge and scum levels were significant enough to warrant pumping. The septic tank was pumped out by R.B. Our & Co. on December 21, 2021. ■ UnIike previous years no modifications or process control adjustments were made to the systems operational controls. The system is receiving daily wastewater flows consistent with the original intended design flow for the system. This is allowing the system to process and treat nitrogen much more effectively than in the past when wastewater flows were still increasing as subdivision construction progressed. Evidence of this can be seen by analyzing the yearly averages far total nitrogen for the system up to date. 2017 -- First complete year of use: 23.9mg/l N 2018 — Second complete year of use: 23.0mg/1 • 2019 — Third compiete year of use: 17.amgll ■ 2020 — Fourth complete year of use: 15.07mg/1 ■ 2021 — Fourth complete year of tsse: 14.085mg/1 With construction of the subdivision complete and the dwellings occupied, the system should have a consistent flow of wastewater entering the system each day. This consistent supply of wastewater should provide a stable environment for microorganisms to continue to thrive and provide sufficient treatment of nitrogen. J.M. O'REILLY & ASSOCIATES, INC. will continue to monitor the system moving forward and make appropriate system adjustments should they become necessary. Piease contact our office with any questions, comments, or concerns regarding this matter should they arise. Very truly yours, J. M. O'FILLY & ASSOCIATES, INC. John '9.E., .E., P.L.S., Principal cc: John M. O'Reilly, P.E., P.L.S. Client Greg Br m, WWTO #15149 J.M. O'Reilly & Associates, Inc. I4,ngixaeering & Land Surveying Services 1573 Main Street, 2ndl Floor, P.O. Box 1773 Brewster, MA 02631 (508)896-6601 rax. (508) 896.6602 TO: Department of Environmental Protection Attn: Title 5 Program One Winter Street, 5th Floor Boston, MA 0210a Shipping Method: Regular Mail 0 Federal Express ❑ Certified Mail ❑ UPS ❑ Priority Mail ❑ Pick Up ❑ Express Mail ❑ Hand Deliver ❑ LETTER OF TRANSMITTAL DATE: JOB NUMBER: 04112/2021 8082W White Rock Commons Subdivision, White Rock Road, Brewster COPIES DATE DESCRIPTION 1 03/15121 REP Approved Inspection Form wl Signed Operator Signature page SeptiTech Form t_ah Results For review and comment: ❑ For approval; ❑ As Requested; ❑ For your use: 0 cc: Jahn K O'Reilly, P.E., P.L.S. Board of Health Client From: GJS ll en closures are not as nNed, kindly notify us al once _ ..-..,....._ -.... � �-� `-_:per•-3 - -- - ';� Zero 110111111 i0 Waste 111111 e sysietlns Site/Address: While Rock Commons Subdivision White Rack Road Brewster, MA 02631 Date: 03/15/2021 Time: 11:00 am Rep: Greg Brehm 1. Rernove lids & covers on processor, Visually inspect media & spray pattern. GJ8 (initial) 2. Exercise entire systein in mauitsnance mode, GJB (Initial) a. Recirculation purnp(s) 13, Punlphack pump(s) c. Discharge pump(s) 1 Perforni tnabitenanee/cleaning tasks required for proper operation of unit, GJ13 (Initial) a. Spray headers b. Media c, Screen 4. Take effluent sample frorn sample tube GJB (Initial) S, Record following valves fbmii controller read-out (Discliarge Pu np) GJB (Initial) Days Runtime: 7 7 Hours Runthne: 1 U Seconds Runtime: "Plu 3 13I G. Record controller• prograrn version: Commercial GJB (Initial) 7. Recard controller firmware version: V121 GJ6 T•�. (Initial) 8. List parts and supplies Used: None GJB (Initial) 9. Return system to "run' made GJB (Initial) 10, Re -install covers and lids on processor, GJB (Initial) 11, Check air intake muffler for obstruction and proper draw. GJB (initial) General Notes and Remarks: The system is operating correctly mechanically. Eluent quality passed field tests, Effluent sample collected for lab analysis. [:;11fan�L�JmN�lTaaulLaalLltienwR4N5eJuxsl7arq.�rary Inlrmel Flee{bntrnlG.l3uaS:WQIiFiY,7Ybepu�chau Massachusetts Department of Environmental Protection Bureau of Resource Protection - Title 5 DEP Approved Inspection and O&M Form for Title 5 IIA Treatment and Disposal Systems A. Installation Important: When White Rmk Commons Subdivision fllling out forms Owner on the computer, Mite Rock Road Use only the lab key to move your Facillty Street Address cursor - do not Brewster02631 use the return CRY zipkey. Mailing address of owner, If different: r� P,a. Box 3843 Street AddresslP0 sox: New Haven CT 06525 City Stale Zip (203) 312 - 3484 ext. Telephone Number B. ,Authorized Service Provider J. M. O'Reilly & Associates, Inc. 6&M Firm 1573 Main Street - P.O. Box 1773 Street Address Brewster MA 02631 City State Zip (508) 896 - 6601 ext. Telephone Number Greg Brehm 16149 Cerlifted Operator Name Certificallon Number C. Facility/System Information BREW-Soul57-Sep Se tltech M3000N pEP ID Manufacturer ID Model Number Unknown January 2016 Inslallatton Date Start of Operation Approval Type: 0 General ❑ Provisional ❑ Piloting ❑ Remedial Seasonal Residence -- used less than 6 mo.lyear: ❑ Yes ® No D. operating Information 03115121 Inspection Date taken 03-1920 Sludge Depth (to be checked yearly) 12130/20 Previous Inspection Date Pumping Recommended ❑ Yes 0 No t5atom.doc • rev. 04AIA3 Page 1 of 3 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Title 5 DEP Approved Inspection and O&M Form for Title 5 I/A Treatment and Disposal Systems E. Field Testing Field Inspection: Color: ❑ gray ❑ brown ® clear ❑ Other (specify): — Odor: ❑ musky ® earthy ❑ moldy Effluent Solids: CR no ❑ same ❑ turbid ❑ offensive ❑ turbid PH 7.0 SU DO 10 mg/t_ Turbidity 6,97 NTLI 6 to g 2 or greater 40 or less Should a Remedial or General Use system fail the Field Testing, effluent samples shall be collected per Standard Methods and analyzed for BOD and TSS. F. Sampling Information Samples Taken: ❑ Influent ® Effluent Commercial systems or systems with a design flow of 2000 gpd and greater, and General Use nitrogen reducing systems: 5100 Parameters sampled: ❑ pH M BOD ❑ CBO❑ ® TSS JA TN ❑ Other (list below) See attached lab results _u Other 9 Other 2 Other 3 G. Inspection and Maintenance Description of any maintenance performed since previous inspection & during this inspection: Maintenance completed per manufacturers checklist. Notes and Comments: The system is operating carrsctl mechanicaIfy. t6aiamAoc • rev. 04-11-13 page 2 or 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Title 5 DEP Approved Inspection and 4&M Form for Title 5 11A Treatment and Disposal Systems H. Certification certify I have inspected the sewage treatment and disposal system at the address above, have conducted the required Field Testing and/or sample collection in accordance with Standard Methods, have completed this report and the attached technology operation and maintenance checklist, and the information reported is true, accurate, and complete as of the time of the inspection 1 am a Massachusetts _9er'fI d c�fa�kor in accordance with 257 0 M R 2. 00, r f ' ���c•��---- Q31'i 512(321 Operator 5 r►jI a Dale System owner must submit this report, technology O&M checklist, and any required sampling results to the local board of health as follows for each inspection performed; Remedial Use — by January 315 of each year for the previous calendar year Piloting Use -within 45 days of inspection date Provisional Use — by March 311h of each year for the previous 12 months General Use -- by September Wh of each year for the previous 12 months Send to: Department of Environmental Protection Attention: Title 5 Program One Winter Street, 51h Floor Boston, MA 02108 t5aiom.dao • rev. 04-11-13 Page 3 of 3 Nonr1q, April ,5, 2021 IM, O'ReiJlp & Assaelales, Irrc. 1573 Alairr St., PO Box 1773 Brewsler, A111 02631 PrajectNelrlre: Pra jeer Number, Sampled By,, Lab Order Number: Date Reeelved: ENVIR0TECHLABORA TORIESt INC. MA CERT. NO.:.HMA 063 8 Jan Sebastion Drl to Sr ndivirlr, MA 02563 (.508)888-6460 1-800-339-6460 TAX (508)888-6446 Messler, White Rock Partners LLC 8082 If Gveg Brehm WW -2J0619 03116121 Covillient .. BRL.ehelow reparmble lllrrits *see alloclrert By. Ron d J. Saari Lobonoory Direcdgr . ..... �.. Page 1 of 1 n ON m Qvi CL.. r c � '�y � fl � m❑m 4 v i] z RH Yi vJ rn y HZI- W LU CL -ld ti y h lu �. rd ti m Ll m J.M. O' Reilly & Associates, Inc. Lngincering & Land Surveying Services 1573 Main Street, 21,11 floor, P.O. Bax 1773 Brewster, MA 02631 (508) 896-6601 Fax (508) 896-6602 TO: Department of Environmental Protection Attn: Title 5 Program One Winter Street, 5th Floor Boston, MA 02.108 Shipping Method: Regular Maii l f Federal Express ❑ Certified Mall ❑ UPS ❑ Priority Mali ❑ Pick Up ❑ Express Mail ❑ Hand Deliver ❑ COPIES I DATE f DESCRIPTION LE, TTER. OF TRANSMITTAL DATE: ,JOB NUMBER: 07/09/2021 [8082W White Rock Commons SUbdivlsion, White Rock Road, Brewster 1 06/10121 DEP Approved Inspection Farm wJ Signed Operator Signature page SeptiTech Form Lab Results For review and comment: ❑ For approval: ❑ As Requested: 0 0=1%F1A Dire. cc: John M, O'Reilly, P.E., P.L,S, Board of Health Client From: OJB If enclosures are not as naiad, kindly noiify us at once For your use: z ems+' tern 11nlluilou Waste %Vater 5ystenw— SitelAddr'ess; White Rock Commons Subdivision White Rock Road Brewster, MA 42831 Date: 17611012021 Time: 11:OD am Rep: Greg Brehm 1. Remove lids & covers on processor. Visiially inspect media & spray pattern, 2, Exercise entire system in maintenance mode. a. Recirculation pump(s) b. Pmnpbaok ptunp(s) c, Discharge purnp(s) 3. Perfartn maintenance/cleaning tasks required for proper operation of relit, a. Spray headers b. Media C, 5cl-een 4, Take effluent sample from sample tube S. Record following values froin controller read-out (Discharge Pump) Days Runtune: 71 Hours Runtime: �7 7 Seconds Runtime: 8*2-5 W1 G, Record conlroller program version: Commercial 7. Record controller firmware version: V121 8. List pails and su,pplics fused: None GJB (Initial) GJB (Initial) GJB (Initial) GJB (Initial) GJB (Initial) GJB (Initial) GJB (Initial) GJB (Initial) 9. Return system to "run" mode GJB (Initial) 10. Re -install covers and lids our processor. GJB (Initial) 11, Check air intake muffler for obstruction and proper draw. GA (initial) General Notes and Remarks: The system 1s operating correctly mechanically. Effluent quality passed field tests, Effluent sample collected for lab analysis. C:W.n ud�'A�xx�9.ncaT�Ii�iofvfltiVLinaax 11e.y rorylnumel Fr7sa'ConlinlnulFmlu.Q1TR7Q1'�eefriuhJca Massachusetts department of Environmental Protection Bureau of Resource Protection - Title 5 DEP Approved Inspection and O&M Form for Title 5 I/A Treatment and Disposal Systems A. Installation Important: When White Rack Commons Subdivision ffiling out forms Owner on the computer, use only the tab White Rock Road key to move your Facility Street Address cursor -do not Brewster 02631 use the return city zip key. Mailing address of owner, if different; r� P,G. Box 3843 Street Add rassIPO Sox: rrtrm New Haven CT 06525 City State Zip (203) 312 - 3484 ext, Telephone Number B. Authorized Service Provider J. M. ❑'Reiiiy & Associates, Inc O&M Firm 1573 Main Street - P.O, Box 1773 Street Address Brewster MA 02631 city state Zip L6 08 896 - 6601 ext, Telephone Number Greg Brehm _ 16149 Certified Operator Name Certifioatlon Number G. Facility/System Information BREW-Sou157-Sep 5eptitech _ M300ON DEP ID Manufacturer I❑ Model Number Unknown January 2016 -- Installation fate Start of Operation Approval Type: ® General ❑ Provisional ❑ Piloting ❑ Remedial Seasonal Residence — used less than 6 modyear: ❑ Yes ® No D. Operating Information 06/1012021 Wspeollon Date Sludge Dap th (to be Checked yearly) 03/15/2021 Previous Inspect}an Date Pumping Recommended ❑ Yes ® No i5aiom.doc • rev, 04-11-13 Pagel of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Title 5 DEP Approved Inspection and O&M Form for Title 5 I/A Treatment and Disposal Systems E. Field Testing Field Inspection: Color: ❑ gray ❑ brown ® clear ❑ Other (specify): - Odor: ❑ musty ® earthy ❑ moldy Effluent Solids: ® no ❑ some ❑ turbid ❑ offensive ❑ turbid 7.0 SU DO 4.0 mg/L Turbidity0.77 SITU p 6 to 9 2 or greater 40 or less Should a Remedial or General Use system fail the Field Testing, effluent samples shall be collected per Standard Methods and analyzed for SOD and TSS. F. Sampling Information Samples Taken: ❑ influent 0 Effluent Commercial systems or systems with a design flow of 2000 gpd and greater, and General Use nitrogen reducing systems: Parameters sampled: ❑ pH ® SOD ❑ GBOD ® TSS ® TN ❑ Other (list below) See attached fab results Other i Other 2 — Other 3 C. Inspection and Maintenance Description of any maintenance performed since previous inspection & during this inspection: Maintenance completed per manufacturer's checklist. Notes and Comments: The system is operating correctly mechanically. t5alom,doc - rev. 04-11-13 Page 2 of 3 Massachusetts Department of Environmental Protection 7 Bureau of Resource Protection - Title 5 DEP Approved Inspection and O&M Form for Title 5 IIA Treatment and Disposal Systems H. Certification I certify: I have inspected the sewage treatment and disposal system at the address above, have conducted the required Field Testing and/or sample collection in accordance with Standard Methods, have completed this report and the attached technology operation and maintenance checklist, and the information reported is true, accurate, and complete as of the tine of the inspection. I am a Massachusetts artifiedrator in accordance with 257 CMR 2,00. r' 07/0912021 Operator Sign4tu a Dale System owner roust submit this report, technology O&M checklist, and any required sarnpting results to the local board of health as follows for each inspection performed: Remedial Use— by January 31St of each year for the previous calendar year Piloting Use - within 45 days of inspection date Provisional Use -- by March 311h of each year for the previous 12 months General Use — by September 301h of each year for the previous 12 months Send to: Department of Environmental Protection Attention: Title 5 Program One Winter Street, 51h Floor Boston, MA 02108 t5alam.dac s reV, 04-11-13 Page 3 of ENVIROTECHLABOz ATORIES, INC. .IIIA CST. NO.: : M 1A 063 8 Jolt Sebastian Drive S'andlvicir, MA 02563 (508)888-6460 1-800-3j9-6460 FAY (508)888-6446 Tllaaday, Tuly 8,1021 J, M. O'Reilly & Associales, Inc. 1573 Main A, PO Bav 1773 Bretivslal, MA 02631 ProjectNarsre; Messier Comments; Project Nam bar. 6082W Sairlpled By. GJB Luk order Number.- WW -211.310 Date Received. 061.10121 ,411 samples were analyzed Fvieldei the established grrlderines of USE, A Rppraved Math ods with all regrti►e111e111s Ine4 11111ess othenvise IIDied Of the and ofa given sau+ltle's mtulyllcal restdts Hie eerlt& Ileal the fallowing resales are trr►e alai pCetlrrrle to lire best of our knoidedge. B'ML=beiviv pop ortableUFA W *sea nuached 13y. Rprrald J, Saari Laborertory Director Pap 1 of 1 � 4s m 3: °' 21,ur o al �Nj w d pa V G �` 1 y SQA [r r4go cp7 •.. T11W �- q 00 OL W v J a � JL � S' ' � a � U 4! J.M. O'Reilly & Associates, Inc. Biigineci•ing & Laud Sarveying Services 1573 Main Street, 211d Floor, P.Q. Box 1773 Brewster, MA 02631 (508)896-6601 Fax (508) 896-6602 TO: ❑apartment of EnvironmentaI Protection Attn: Title 5 Program One Winter Street, 5th Floar Boston, MA 02108 Shipping Method: Regular Mail 0 Federal Express ❑ Certified Mail ❑ UPS ❑ Priority Mail ❑ Pick Up ❑ Express Mail n Hand deliver ❑ DATE: 10/25/2021 LETTER OF TRANSMITTAL JOS NUMBER: 8082W White Rock Gammons Subdivision, While Rock Road, Brewster COPIES DATE DESCRIPTION 1 09/20121 DEP Approved Inspection Form w) Signed Operator Signature page SeptiTech Farm Lab Results For revlew and comment; ❑ For approval: ❑ As requested: ❑ For your use, 0 cc: John M. O'Reilly, P.E., P.L.S. Board of Health Client From: GJB It enclosures are not as noded, kindly Wiry us at once Site/Address: While Rock Commons Subdivision White Rock Road Brewster, MA 02631 Date, 09/20/2021 Time: 10:15 am Rep: Greg Brehm I. Remove lids 8Y covers oil processor, Visually inspect ntYedia & spray pattern. GJB (Initial) 2, Exercise entire system in maintenance made, a. Recirculation pump(s) b. Pumpback pump(s) c, Discharge pumps) 3. Perform maintenance/cleaning tasks required for proper operation of unit, a, Spray headers 13, Med is c. Screen 4. Take effluent sample from sample tube 5. Record following values frons controller read-out (Discharge Piunp) Days Runtln)e: s a Hours Runtime; 12 11 Seconds Runtime, 10$4-6 "'" GJ8 (Initial) GJB (initial) GJB (Initial) GJB (hnitial) G. Record controller program version: Commercial GJB (Initial) 7. Record controller firmware version: V121 GJB (Initial) $, List parts and supplies used: Recirculation pump #1 was replaced earlier in September 2021 GJB (Initial) 9. Return systein to "run" mode GJB _ (initial) 10. Re -install covers and lids on processor. GJB (initial) 11. Check air intake muffler for obstruction and proper draw, GJB (Inilial) General Notes and Remarks: The system is operating correctly mechanically. Effluent quality passed field tests. Effluent sample collected for lab analysis. caihres�yn�A�pn»V.va�nllirn�mf115Linlax dCnn�.sey Im met f 1fe1O'mL"L a 4 oA%L4ZTMneTQCfi ITN Lll�Massachusetts Department of Environmental Protection Bureau of Resource Protection - Tide 5 DEP Approved Inspection and O&M Form for Title 5 11A Treatment and Disposal Systems A. Installation Important: When White Rock Commons Subdivision tong out forms Owner on the computer, White Rock Road use ority the tab Ivey to move your Facility Street Address cursor - do not Brewster 02631 use the return City Zip key. Mailing address of owner, it different: P.O. Box 3843 Street AddressfP0 Box: n New Haven CT 06525 City State Zip 20� 3} 312 - 3484 ext. _ relephone Number B. Authorized Service Provider J. M. O'Reilly & Associates, Inc. O&M Firm 1573 Main Street - P.O. Box 1773 Street Address Brewster MA 02631 City stats Zfp 508 896 6601 ext. Telephone Number Greg Brehm 16149 Certified operator Name Certifioatlon Number C. Facility/System Information BREW -Soul 57-Se5aptitech M300ON MEP I❑ Manufacturer ID Model Number Unknown January 2016 Instaliatlon Date Start of Operation Approval Type: ® General ❑ Provisional [j Piloting ❑ Remedial Seasonal Residence -- used less than 6 mo.1year: ❑ Yes R No D. Operating Information 0912.012021 lnspectlon Date 14" Sludge Depth (to be checked yearly) 08/10/2021 Previous Inspection Date Pumping Recommended 2 Yes ❑ No 15alom.doo • rev. 04-11-13 Page t of 3 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Title 5 DEP Approved Inspection and O&M Form for Title 5 11A Treatment and Disposal Systems E. Field Testing Field Inspection: Color: ❑ gray ❑ brawn ® clear ❑ turbid ❑ Other (specify): Odor: ❑ musty ® earthy ❑ moldy ❑ offensive [] turbid Effluent Solids: ® no ❑ some PH 7.0 SU OO AA mglL Turbidity 17.6 NTU G tog 2 or greater 40 or less Should a Remedial or General Use system fail the Field Testing, effluent samples shall be collected per Standard Methods and analyzed for BDD and TSS. F. Sampling Information Samples Taken: ❑ Influent E Effluent Commercial systems a systems with a design flow of 2000 gpd and greater, and General Use nitrogen reducing systems: spy------�.__.� Parameters sampled: ❑ PH ® BOD ❑ CI30D ® TSS ® TN ❑ Other (list below) See attached lab results Other'{ Othar 2 Other 3 G. Inspection and Maintenance Description of any maintenance performed since previous inspection & during this inspection: Maintenance completed per manufacturer's checklist. Notes and Comments: The system is operating correctly mechanically, Advised homeowner association to have the septic tank prim ed. Recirculation pump #1 was faulty and replaced. Walorn.doc - rev. 04-11-13 Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource• Protection - Title 5 DEP Approved Inspection and O&M Form for Title 5 IIA Treatment and Disposal Systems H. Certification I certify; I have inspected the sewage treatment and disposal system at the address above, have conducted the required Field Testing and/or sample collection in accordance with Standard Methods, have completed this report and the attached technology operation and maintenance checklist, and the information reported is true, accurate, and complete as of the time of the inspection. I am a Massachusett c �tified ap Ttor in accordance with 257 CMR 2.00. 1 Ot25/2021 _. ❑peralor ig urs hate System owner must submit this report, technology ❑&M checklist, and any required sampling results to the local hoard of health as follows for each inspection performed: Remedial Lase -- by January 3931 of each year for the previous calendar year Piloting Use - within 45 days of inspection date Provisional Use -- by March 31m of each year for the previous 12 months General Use — by September V, of each year for the previous 92 months Send to: Department of Environmental Protection Attention: Title 5 Program ❑ne Winter Street, 51" Floor Boston, MA 021108 t5aiom,doc - fev. 04-11-13 Page 3 of 3 ENVIRO ECrHLABO ATORIErS'r INC. MA CERT: NO.: M -MA 063 8 Jars Sehasliart Drive Sartdlvicit, MA 02563 (508)888-6460 1-800-339-6460 FAX {508}888-6¢16 Werfnesda,pi Clcfober20, 2021 JM.. O'Reilly &Associates, Inc. 1573 Main St., PO Banc 1773 Brewster, MA 02631 PrajedNalrlel Messier COninfeiltsr -erojeet Nfamber. 8082W Sampled By. Gr•eg.Brehrfl Lah Order Number; WW -212213 Dafe Received., 091201P,1 y S►nJ a 5 rlr 1. A .. o »tires ; • 5 - ..........-.:.: xx ,Parameters tI►tfls Tal Resr►Tts Bellorlable Lfnrfts Daie Arm[yzed Analyst hfeaTrorl mgfL 7.5 4,80 p9122i23 I MSIKB M45Qa-NOrg mgft. 0.333 0.408 09121/21 SD EPA 300.0 mall- 19 NA OW27/21 1 MSIKS Calculatton Dug to instrument errordurring Initial B0DIC BOD run, ftun was repealed out of sample hold time. A samples were a++r+fyted wfeh[N rhe estrrbpslred gufdalt ryes 6f US EPA approved ]netlrods ,rlrfr all reRrrlrer►rsWs mel, unless otkerwise HOW at the elm of a givea sompleIs a,ralytlarlf resrrfts. R`e een'to 11161 theJolloWlrg eesrrf rs are rare rine! aevarnee to the best afnrrr k„vsvfedge. RRL-befolP reportable 111]+111 *sea unached By.- 3RQfltrCd J Saari Laboratory Director Page 1 of 1 m o _ �• i C1'1 � "n F—J, m C a °n wm m ER x V) m a n i al -a G � m z b X ro 0 a� E n z Q m z M ❑ rt 1w a o m 2Lani mig ro z .s n cr 4 m w � J.M. O'Reilly & Associates, Inc. Errghieering & Lntrcl Srtr•veyhig Sex"<rices 1573 TvInin Street, 2nd Floor, P.O. Box 1773 Brewster, MA. 02631 (S08) 896-6601 Fnx (508) 896-6602 TO: Department of Environmental Protection Attn: Title 5 Program One Winter Street, 5th Floor Boston, MA 02108 Shipping Method: Regular Mail I 7v( Federal Express ❑ Certified Mail ❑ UP5 ❑ Priority Mat[ ❑ Pick up Express Mail ❑ Hand Deliver ❑ COPES I RATE I DESCRIPTION I 11/29/21 1 DEP Approved Inspection Farm SeptiTech Form Lab Results LETTER OF TRANSMITTAL DATE: JOB HUMBER: 01/0312022 8082W :71 While Rock Commons Subdivision, White Frock Road, Brewster For review and comment: ❑ For approval: ❑ As Requested: ❑ For your use: 0 ocnnnnrr1Q- cc: John M, O'Reilly, P,E,, P.L.S, Board of Health Client From. GJB It enclosures are not as noted, kindly nollN us at once r•"':_._.:yam ..— ;�;,.�[:a'_:;;_— Zero Pollution Waste 1Ydg Systems Site/Address: White Rock Commons Subdivision White Rock Road Brewster, MA 02631 Date: 11/2912021 Trine: 81.45am Rep: Greg Brehm I. Remove lids & covers on processor, Visually inspect media & spray pattern. G,iB (Initial) 2. Exercise entire system in maintenance made. GJB (Initlal) a, Recirculation pump(s) h, Punipback purnp(s) a. Discharge pump(s) 3. Perform maintenancelc[eaning tasks required for proper operation of unit a. Spray headers h. Media c. Screen 4. Take effluent sample fi-om sa3nple tune 5, Record following values frorn controller read-out (Discharge Pump) Days Runtime: 9 8 Hours RuntLnle: 3 2 Seconds Runtime: raze zses.� 6. Record controller program version: Commercial 7. Record controller firmware version: V121 8• List parts and supplies used, GJB (Inittat) GJB (Initial) GJB (initial) GJB (Initial) GJB (Initial) GJB (Initial) 9. Retucri system to "run" inade GJB (Initial) 10, Re -install covers and lids on processor, GJB (Initial) 11. Check air intake muffler for obstruction and proper draw. GJa (Initial) General Notes and Remarks; The system Is operating correctly mechanically, Effluent quality passed field tests. Effluent sample collected For lab analysis. RV[persUdrtM�l7aUV.o:�]wYnemflµsnda� 13en�urary bromel H.1:4' -wt GN ��.i[g1m>[1yeMlkhdni Massachusetts Department of Environmental Protection Bureau of Resource Protection - Title 5 DEP Approved lnspeotion and O&M Form for Title 5 11A Treatment and Disposal Systems A. Installation Important: when White Rack Commons SUbdlyision filling out forms owner on the computer, use only the tab White Rook Road key to move your Fadlity Street Address cursor - do not Brewster 02631 use Hie return city zip key. Mailing address of owner, if different: r� P.O, Box 3843 S tre et Ad d re s s/P 0 Box: New Haven CT 06525 City State ZIP L203 312 - 3484 ext, Telephone Number B. Authorized Service Provider J. M. O'Reilly & Assoclates, Inc. O&M Firm 9573 Main Street - P.O, Box 1773 _ Street Address Brewster MA 02631 Glty State 7Ip X548) 896 - 6601 ext, Telephone Number Greg Brehm 16149 _. Certified Operator Na me Certffication Number O. Facility/System Information BREW -Sou 1 57 - Sep 5eptitech-- M30DON DEP ID Manufacturer I❑ Model Number Unknown January 2016 Installation Gate start of Operation Approval Type: ® General ❑ Provisional ❑ Piloting ❑ Remedial Seasonal Residence -- used less than 6 mo.lyeac ❑ Yes ® No D. Operating Information 11/29/2021 Inspectton Date Sludge Depth {to be checked yearly} 09/20/2021 Previous Inspectlon Tate Pumping Recommended [] Yes (a No t5alom,doc • rev. 04.11-13 Page i of 3 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Title 5 DEP Approved Inspection and O&M Form for Title 5 IIA Treatment and Disposal Systems E. Field Testing Field Inspection: Color: ❑ gray ❑ brown ® clear ❑ turbid ❑ Other (specify): Odor; ❑ musty ® earthy ❑ moldy ❑ offensive ❑ turbid Effluent Solids: ® no ❑ some pH 6,5 SU DO 4.0 mg/L Turbidity 1,06 NTU 6 to 9 2 or greater 40 or less Should a Remedial or General Use system fail the Field Testing, effluent samples shall be collected per Standard Methods and analyzed for BOD and TSS. F. Sampling Information Samples Taken: ❑ influent ® Effluent Commercial systems or systems with a design flow of 2000 gpd and greater, and General Use nitrogen reducing systems: gpd Parameters sampled: ❑ pH ® BOD ❑ CBOD ® TSS ® TN ❑ Other (list below) See attached lab results other 1 Other 2 W -- Other 3 G. Inspection and Maintenance Description of any maintenance performed since previous inspection & during this inspection: Maintenance completed per manufacturer's checklist. Notes and Comments. The system is operating correctly mechanically. t5siom.der - rev. 04.11-13 Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Title 5 DEP Approved Inspection and O&M Form for Title 5 I/A Treatment and Disposal Systems H. Certification 1 certify: I have Inspected the sewage treatment and disposal system at the address above, have conducted the required Field Testing and/or sample coilection in accordance with Standard Methods, have completed this report and the attached technology operation and maintenance checklist, and the information reported is true, accurate, and complete as of the time of the inspection. I am a Massachusetts ce ttifIIi d oproior in accordance with 257 CMR 2.00. 01/03/2022 �peraior Sfgnat bale System owner must submit this report, technology O&M checklist, and any required sampling results to the local hoard of health as follows for each inspection performed: Remedial Use — by January 31` of each year for the previous calendar year Piloting Use -within 45 days of Inspection date Provisional Use -- by March 31'x' of each year for the previous 12 months Genera} Use — by September 30"h of each year for the previous 12 months Send to: Department of Environmental Protection Attention, Title 5 Program One Winter Street, 541 Floor Boston, MA 02108 t5afom.doc , rev. 04-11-13 rage 3 of 3 CERTIFICATE OF ANALYSIS Barnstable County Health Laboratory (illi-lllA009) Reolplent: order No.: 621129744 JM OlRoIlly Assoc. Report Dated: 12122/202'l 1543 Main Street, P a Box 1773 submitter: JM O'Reilly Assoc, Brewster, MA 02639 Desoriptlon: LAB ANALYSIS Laboratory -0:121129744 -Dl Matrix: Water - Waste Water sample #: Sampled; 11/2912021 9:11D By: GJ8 Collectlorr Address: White Rork Rd HOA,13rawster-Effluenl Received: 11/30/2021 42:00 By: Veronlo Sample Location' 8082W Turn Around: Standard Test Parameters ITEM RESULT UNITS RL MCLMETF3QA f1iALYS ET S{Ef) TIME; Nitrate as Nitrogen 915 MOIL 0,10 10 EPA 300.0 CL 12/01/2021 BOD (5 DAY) TEST 5.4 mgrs- 2•0 SM 5210 B CL 1210112021 Nitrite as Nitrogen 0.34 mglL 01060 1.0 EPA 300.0 CL 12(0112021 TKN 2,2 MOIL 0,26 EPA 351,2 AB 12107/2021 14422 Total Suspended Solids 3.6 MOIL 2.0 SM 2540D sL 12102/2021 A€wohad please find the laboratory aer€ifled parameter list. Approved By: (Lab Mariager) NO = None Detected RL - Reporting Llmll MCL = Maximum Conlamfnant Level 318s Main Street, P0, Box 427, Barnstable, MA 02630 Ph; 508.375.6605 Page: 1 of 1 F- WS s 0 4b Q �gi 0- 7— PURPOVto" 19 I I I I i I � I February 9, 2022 Chad Simmons Coastal Engineering Co., Inc. 260 Cranberry Highway Orleans, MA 02653 Re: Brewster Landing Dear Mr. Simmons: Town of Brewster 2198 MAIN STREET BREWSTER, MASSACHUSETTS 02631-1898 PHONE: 508.896.3701 EXT. 1120 FAX: 508.896-4538 brhealth@brewster-ma.gov WWW.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 Pu rsua nt to Secti on 7.00 (Repo rti ng of a I I SWWTF's an d Wastewater Treatment Fa cli lities that d isch a rge over 10,000 gal I ons per day) of the Design, Operation and Maintenance Regulations for Small Wastewater Treatment Facilities, the Board of Health has requested that you attend (remote participation meeting) their meeting on March 16, 2022, at 7:OOPM to discuss the facility's performance and other pertinent issues. Please submit an annual written report that summarizes o pe rating resu Its, p la nt status, p robi ems experie nced a nd a ny p la n m odif ication necess a ry to th is off ice no late r tha n March 10, 2022. Please confirm the date and time with this office. Sincerely, Tammi Mason Senior Department Assistant Brewster Health Department TITLE: BREWSTER LANDING BIOCLERE WASTEWATER TREATMENT SYSTEM 2021 ANNUAL OPERATION & MAINTENANCE REPORT PROJECT ID: WBROO6,01 SITE LOCATION: BREWSTER LANDING SACHEMUS TRAIL BREWSTER, MA PREPARED FOR: ATTN: TAMMI MASON SENIOR DEPARTMENT ASSISTANT BREWSTER HEALTH DEPARTMENT BREWSTER TOWN HALL 2198 MAIN STREET BREWSTER, MA 02631 PREPARED BY: COASTAL ENGINEERING CO., INC. 250 CRANBERRY HIGHWAY ORLEANS, MA 02553 �1 oldolt"', COASTAL engineering co. TECHNICAL SERVICES MAR 0 2 2fid2- BREWSTI-R I frALTH ❑EPAf Ti%1EfVT 03/02/2022 Attn: Tammi Masan Senior Department Assistant Brewster Health Department Brewster Town Hall 2198 Main Street Brewster, MA 02531 Subject; Brewster Landing Sachemus Trail Brewster, MA 2021 Annual Report Dear Tammi: COASTAL engineering to. TECHNICAL SERVICES Project No. WBR-006.01 Enclosed, please find the 2021 annual report for the Brewster Landing Wastewater Treatment Facility. Included in this report are the following: ■ Appendix A - Discharge Monitoring Report Form with Laboratory Test Results. • Appendix B - DEM Field inspection Farms. A sampling of the system's effluent was conducted quarterly. The results are summarized in the enclosed discharge monitoring report form. The laboratory test results indicate the proper treatment of the system. Tested parameters for all four quarters met their respective minimum and maximum discharge limits, Following the MA Standard Conditions for 5econdory Treatment Units for General Use, we will Collect effluent samples of B005 and TSS when field tests indicate a pH outside the specified range, an exceedance of the turbidity limit, or 13,13, below the desired minimum During the 03/09/2021 06M inspection, the system was operational and the Zabel filters were Inspected and cleaned, During the 06/15/2021 06M inspection, the system was operational with the exception of the Zabel filters being filled with wipes and needing to be unclogged. During the 09/15/21 inspection, the system was operational and the Zabel filters were inspected and cleaned. Curing the 12/27/2021 0&M inspection, the system was operational and the Zabel filters were inspected and cleaned. Please note, along with the quarterly 05M inspections, the site Is also being visited monthly to check and clean the Zabel fitters, check pump operation, and check tank levels. Noted replacements for the year were as follows: 0n 0211712021, a new Zabel filter was installed and the existing housing was reattached by another company. On 1111012021, dosing pump 2 was replaced which was found to be non -operational during a previous monthly check. On 1212712021, dosing pump 1 was replaced. The system was last pumped on 02/17/2021 by Robert B. Our Company, Inc„ who pumped a combined 15,000 gallons from the solids tank and Bioclere with a majority of these liquids being pumped from the solids tank Please do not hesitate to contact us if you have any questions about the report or the wastewater treatment system. Sincerely, COASTAL ENGINEERING , iNL. Cha immons CA51acc ❑A00nWIW9R\005.G112G21 Annual F Orleans I Sandwich I Nantucket NAME OF PROJECT: Brewster Landing FACILITY LOCATION: Sachemus Trail PROJECT NUMBER: WBR-006.01 RATE SAMPLED: 0311712.021 PARAMETER UNITS EFFLUENT Solids, Total Settleable ml/I X0.10 pH S. U. 7.19 Dissolved Oxygen mg/I 4,0 Turbidity ntu 26.59 REMARKS: Fleld tests ano lanoratory Zest results InUiLdte good treatment of the system. DATE SAMPLER: 06/15/2021 PARAMETER UNITS EFFLUENT Solids, Total Settleable ml/I X0.10 pH SM. 6.99 Dissolved Oxygen mg/I 2.0 Turlaidity ntu 1169 REMARM): Flelo tests an❑ laooratury test iesult5 IIIUILdLC goad treatment of the system. DATE SAMPLED: 09/10/2021 PARAMETER UNITS EFFLUENT Solids, Total Settleable ml/I <0.10 PH S.U. 7.3 Dissolved Oxygen mg/1 3.O Turbidity ntu 3.82 REMARKS: Field tests an❑ laooratory test resulLs inulLalr good treatment of the system. DATE SAMPLED: 12/27/2021 PARAMETER UNITS EFFLUENT Solids, Total Settleable mill X0.10 pH S.U. 7.0 Dissolved Oxygen mg/I 2,5 Turbidity ntu 1,88 REMARKS: Field tests an❑ laoarawry Le5L f e5L13LS IIILIILCILL good treatment of the system. NOTE: In accordance with the MA Standard Conditions for Secondary Treatment Units for Genera! Use we will collect effluent samples of BOOS and TSS when field tests indicate a pH outside the specified range, an exceedance of the turbidity limit, or D.O. below the desired minimum. D:\D0C\W\WBR\006.01\Z020 Annual Repart\[DMR.xlsx]2021 Report APPENDIX A: DISCHARGE MONITORING REPORT FORM WITH LABORATORY TEST RESULTS L4)LYHA T) C A L ANALYTICAL REPORT Lab Number: L2113309 Client: Coastal Engineering Company 260 Cranberry Highway Route 6A Orleans, MA 02653 ATTN: Chad Simmons Phone: (508) 255-6511 Project Name: BREWSTER LANDING Project Number: WBR006.01 Report Date: 03/22121 Serial—No: 03222119:46 The original project report/data package is held by Alpha Analytical_ This reportldata package is paginated and should be reproduced only in its entirety. Alpha Analytical holds no responsibility for results andlor data that are not consistent with the original. Certifications & Approvals: MA (M-PAA086), NH NELAP (2064), CT (PH -0574), IL (200077), ME (MA00086), MD (348), NJ (MA935), NY (11148), NC (26700/66 B), PA (68-03671), RI (LA000G65), Tx (T104704476), VT (VT -0935), VA (469195), USDA (Permit #P330-17-OD196). Eight Walkup Drive, Westborough, MA 01581-1019 508-898-9220 (Fax) 508-898-9193 800-624-9220 - www.alphalab.com Page 1 of 14 Project Name: BREWSTER LANDING Project Number: WBROO6.01 SAMPLE RESULTS Serial No:03222119:45 Lab Number: L2113309 Report Date: 03/22/21 Lab ID: L2113309-01 Date Collected: 03/17/21 11:15 Client ID: EFFLUENT Date Received: 03/17/21 Sample Location: BREWSTER LANDING, 0 SACHEMUS TRAIL, BREWSTER Field Prep: Not Specified Sample Depth: Matrix: Water Dilution Date Date Analytical Parameter Result Qualifier Units RL MDL Factor Prepared Analyzed Method General Chemistry - Westborough Lab Solids, Total Settleable 0.70 mill 0.10 NA 1 03/17/21 20:56 121,254OF ALPHA Page 6 of 14 Analyst AS T r N N N [+7 z m U) �12 C h ro v �x sn v E ; � k m[} x m ro�Ol a r V tlC L to u C h ro v �x � k ro�Ol a �a C? U a W U3 �- F nv G a o L7 LU U) �LL]L HA ANA L Y T! CA L ANALYTICAL REPORT Lab Number: L2132311 Client: Coastal Engineering Company 260 Cranberry Highway Route 6A Orleans, MA 02653 ATTN: Chad Simmons Phone: (508) 255-6511 Project Name: BREWSTER LANDLING Project Number: WBR006,01 Report Date: 07/01/21 Serial—No: 0701211 5A4 The original project report/data package is held by Alpha Analytical. This report/data package is paginated and should be reproduced only in its entirely. Alpha Analytical holds no responsibility for results and/or data that are not consistent with the original. Certifications & Approvals: MA (M-MA096), NH NELAP (2064), CT (PH -0574), IL (200077), ME (M A00086), MID (348), NJ (MA935), NY (11148), NC (257001666), PA (68-03671), RI (LA000065), TX (T104704476), VT (VT -0935), VA (460195), USDA (PerMt #P33rJ-17-00196). Eight Walkup Drive, Westborough, MA 01581-10'19 508-898-9220 (Fax) 508-898-9193 800-524-9220 - www.alphalab.com AL, PHA ', Page 1 of 14 Project Name: BREWSTER LANDLING Project Number: WBR006,01 SAMPLE RESULTS Lab ID: L2132311-01 Client ID: EFFLUENT Sample Location: BREWSTER LANDING, BREWSTER, MA Sample Depth: Matrix: Water Parameter Result Qualifier Units RL General Chemistry - Westborough Lab Solids, Total Settleable 0.20 mill 0.10 Page 6 of 14 Serial No:070'12115:44 Lab Number: 12132311 Report Date: 07/01/21 Date Collected: 05/15/21 12:00 Date Received: 05/15/21 Field Prep: Not Specified Dilution Date MDL Factor Prepared NA 1 Date Analytical Analyzed Method Analyst 06115/2122:25 121,2540F AS CL E m imN !Olil I I I- I IMMI NO R 3 G of u N a � a E a 1 ON c p z c LA 17 in m o e U3 73 C> W pC CC i11 4k m E asJ � � -2 J 2t C4 u < [o a � ro LD I m a3� C4 b a n .y p [7 dkO KA CL E m imN !Olil I I I- I IMMI NO R G N a � a E � N G 17 CL E m imN !Olil I I I- I IMMI NO R 1 /A HA A N A L Y T I C A L ANALYTICAL REPORT Lab Number: L2148917 Client: Coastal Engineering Com 260 Cranberry Highway Route 6A Orleans, MA 02653 ATTN: Chad Simmons Phone: (508) 255-5511 Project Name: BREWSTER LANDING Project Number: WBR00 W Report Date: 09/17/21 Serial No:09172114:42 The original project repart/data package is hehd by Alpha Analytical. This repoNdata package is paginated and should be reproduced only in its entirety. Alpha Analytical holds no responsibility far results andlas data khat are not consistent with the original. Certifications & Approvals: MA (M-hiA086), NH NELAP (2064), CT (PH -0574), IL (200077), ME (MA00086), M0 (348), NJ (MA935), NY (1'1'148), NC (257001666), PA (68-03671), RI (LA000065), TX (T104704476), VT (VT -0935), VA (464196), USDA (Permit #P330-17-00196)- Eight P330-17-00996). Eight Walkup Drive, Westborough, MA 01581-1019 508-898-9220 (Fax) 508-898-9193 800-624-9220 - www.alphalab.com Page 1 of 13 Project Name: BREWSTER LANDING Project Number: WBR006.01 SAMPLE RESULTS Serial No:09172114:42 Lab Number: L2148917 Report Date: 09/17/21 Lab ID: L2148917-01 Date Collected: Client ID: EFFLUENT Date Received: Sample Location: BREWSTER LANDING, 0 SCAHEMUS TRAIL, BREWSTER, Field Prep: MA Sample Depth: Matrix: Water Dilution Date Date Parameter Result Qualifier Units RL MDL Factor Prepared Analyzed General Chemistry - Westborough Lab 09/10/21 11:30 09/10/21 Not Specified Analytical Method Analyst SolHs, Total Settleable a01 MIH .1 NA 1 - 09/10121 22:58 121,2540F AS Page 5 of 13 1--. = 4 C a G a c�n01�u �yJ .LTi yl d' 0spy CD K ❑ V - LL' a o C J j p Wa E z VI ti• � i1J >. 1, s- ❑ c.t �S� 4 w � ?C l`I ' W � � SO1ldS�FI�111 �S ❑ o - ❑ ❑ �' y ❑ ❑ Q 4 C a cl-' a c�n01�u �yJ .LTi yl d' LUp K ❑ V w LL' a o p Wa E z VI ti• i1J >. 1, s- c.t W ro fi] ❑ � LL ❑ E ry I' ❑ ❑ I ll rviy ON ❑ I ' � d ! J m a [ 3 rr ❑ F F us t F 2 lu Qj z d 0 m o m= ❑ N - n R 1--- a- a ¢ of m ❑ a C al � � D n d 6f s 12 n 0 E E us Sk a p o s 27 - v _ :3 m z (�Q$ }9i LL c 6 n C .- H7 v p p m w Lh v 2 g� R il N � Y;; a '� L6 E }1 tel p o t m Lp Lp a� ` � � m ❑ C.? Q 0. Si lL Q n n i- cl-' a c�n01�u �yJ .LTi yl d' LUp K ❑ V h a LL' a o 3 Wa ti• i1J >. 1, s- ❑ ❑ I' ❑ ❑ I ll rviy ❑ I ' � d ! a [ rr Cl Q F 2 Qj cl-' a LUp K ❑ V h a LL' a o 3 Wa i1J >. 1, s- Ivy HA A AtYT1CAL Serial No:12302120:18 ANALYTICAL REPORT Lab Number: L2171128 Client: Coastal Engineering Company 260 Cranberry Highway Route 6A Orleans, MA 02653 ATTN: Chad Simmons Phone: (508) 255-6511 Project Name: BREWSTER LANDING Project Number: WBR006.01 Report Date: 12/30/21 The original project report/data package is held by Alpha Analytical. This reporUdata package is paginated and should be reproduced only in its entirety. A)pha Analytical holds no responsibility far results and/or data that are not consistent with the original. Certifications & Approvals: MA (M-MA086), NH NELAP (2064), CT (PH -0674), IL (200077), ME (6AA00086), MD (348), NJ (MA935), NY (11148), NC (267001666), PA (68-03671), RI (LA000066), TX (T104704476), Vi (VT -0935), VA (460195), USDA (Permit #P330-17-00196). Eight Walkup Drive, Westborough, MA 01 581-1 01 9 508-898-9220 (Fax) 508-898-9193 800-624-9220 - wvww.alphalab.com Page 1 of 13 Project Name: BREWSTER LANDING Project Number: WBR006,01 SAMPLE RESULTS Serial No:12302120:18 Lab Number: L2171128 Report Date: 12/30/21 Lab ID: L2171128-01 Date Collected: 12127121 14:45 Client ID: EFFLUENT Date Received: 12/28/21 Sample location: BREWSTER LANDING, 0 SACHEMUS TRAIL, BREWSTER, Field Prep: Not Specified MA Sample Depth: Matrix: Water Dilution Date pate Analytical Parameter Result Qualifier Units RL MDL Factor Prepared Analyzed Method Analyst General Chemistry - Westborough Lab Solids, Total Settleable c0,1 mul .1 NA 1 12128/2119:51 121,254OF AS L�F;A Page 5 of 13 00 N CV Q C7 N_ d z I i4 U) i C v y b v C Z C h p WR fir[ P P u�i 4 p U 13 ❑ CO z n u Y� a — C C d] o VS Q v © Q 0 n u Y� a — C C d] o VS Q v � � u c a, � dd N A Q E L i ax C 4 9rg tY CL � L7 4] ❑ ❑ W � � ? N ]'DOD U :] 0 [ED v ❑to F' El ❑❑10 mJ-- L) +❑ ❑ !❑ p❑ ❑ Q o o ❑ be -F, :10 LI L❑❑11❑t �❑❑❑❑❑❑I❑ n c� Q k i r i N Qw G z '^ V d Tim �rs3 ca < C] ds E� U7 p +4 4 ❑ LL 0 z Q ,Z s o ty to C3 LU R� 2 �I . w c o -: r v c i N Ln CO Q Qry - d L a XSD E w ❑ ❑ ❑ 'OI1DS 31SV31J-Hs n u Y� a — C C d] E VS v � � v c a, � dd A Q E L G C 4 9rg d7 C d] E I1 v yySt 4' N g33Q a, A Q E L m C 4 9rg tY � L7 4] ❑ ❑ W ❑ `❑ ❑ ]'DOD :] Q v as I❑❑❑ El ❑❑10 -jALll �}} yySt 4' N g33Q A Q E L C 4 9rg ❑ ❑ ❑ `❑ ❑ ]'DOD :] ❑❑ I❑❑❑ El ❑❑10 +❑ ❑ !❑ p❑ ❑ +ti .T ❑ I p ❑ ❑ be -F, :10 LI L❑❑11❑t �❑❑❑❑❑❑I❑ n R ¢ k i r i N C G APPENDIX B: OEM FIELD INSPECTION FORMS 11124121, 12:19 P&I Permillnspections y Chad Simmons - Coastal Engineering, Co. Inc. i Main Submit My Clients My Reports Help I 12:18 pm Operation and maintenance conducted — system operational at the time of the visit. Sampledifield tested. .• Color: Amber Air Temperature: Odor: Cancel PropertyDetails Effluent Solids: Inspection Address 0 Sachemus Trail, Brewster Print Inspection Owner Brewster Landing 4.000 mg1L _ Turbidity: 20.59 NTU finspection Details No Component: Bloclere Date: 2021-03-17 Time' 10:45:00 Operator Name: Jeff Seiens Maintenance Issuies I License #: 11444 I 12:18 pm Operation and maintenance conducted — system operational at the time of the visit. Sampledifield tested. Settleable Solids: Seasonal Residence: Color: Amber Air Temperature: Odor: Earthy Weather Conditions: Effluent Solids: No Operating pH: 7.2 SU Dissolved Oxygen: 4.000 mg1L FS1,1d,pi3Depth: ayer Thlckness: Turbidity: 20.59 NTU g Recommended: Settleable Solids: 112 Seasonal Residence: No Air Temperature: `F Weather Conditions: Operating in FS1,1d,pi3Depth: ayer Thlckness: 0.00 in g Recommended: No Soil Absorption System Observations Signs of Breakout: No Depth of Ponding: in Ponding Above Invert: No Maintenance Issuies Any Apparent Violations of the Approval? None Reported Any Cleaning or Lubrication of Paris i Performed? Cleaned and brushed nozzles to ensure an efficient spray, Any Control Adjustments Made? 1ps:llse ptic. barns to b I eco u ntyhea I lh .orgla pplp e r m it_in s p ecl ionslviewlerxxa b e8 S 9ZS 9 W r nfx34 QA 112 11124121, 12:19 PM Pumps, Switches, Alarms Tested? Any Equipment Failures? Any Parts Replaced? Any Recommended Corrective Actions? Permitlnspections None Reported Checked panels, timers, amps, switches, tank levels, alarms, and general condition of the system. None Reported (done Reported None Reported littps:llseptic.barnstablecountyhealth.orglapplpermit_inspectionslviewlerXXabe8S9ZsgWrnfx34QA 212 Odor Around Site { J YesWJ No Source of Odor Not Reported. Odor Description Cherk all that apply Scum Depth in Primary Tank D" Sludge Depth in Primary Tank Not Reported. Does Grease Trap Need Pumping f lYes[_l No Unit 1 Sio cl ere Vents Yes No Air Passing Through bent f Fan Operating General External Damage Yes[vI No Cover/Fan Box1Ctrl Panel Locked YesNo Flies on the unit jYes E,Fi No Number of Flies L ) Few[ 'Many Location of flies Not Reported. LockslLatcheslFiandles Ok C*/JYesr } No Lid Gasket Ok DYest j No Standing Water In Fan Box Yes[ ] No littps:llseptic.barnstablecountyhealth.orglapplpermit_inspectionslviewlerXXabe8S9ZsgWrnfx34QA 212 11124121, 12:18 PM Permitinspections iy c.naa aimnsons - Loasiai r-ngineenng, ►.o, inc. Main Submit My Clients My Reports Help Cancel Inspection Print Inspection i 14. 1 Nile Component: Sloclere Date: 2021-06-15 Time: 11:30:00 Operator Name: Jeff Selens I License P 11444 Color: Odor: Effluent Solids: pH: Dissolved Oxygen: Turbidity: Settleable Solids: Seasonal Residence: Air Temperature: Weather Conditions: Sludge Depth' Scum Layer Thickness: Pumping Recommended: Signs of Breakout: Depth of Pcnding: Ponding Above Invert: Amber Musty No 7.0 SU 2.000 mglL 11.89 NTU No "F in In No No In No Any Apparent Violations of the Approval? None Reported Any Cleaning or Lubrication of Parts Cleaned and brushed nozzles to ensure an efficient spray. Performed? Unclogged Zabel filter. Any Control Adjustments Made? None Reported I►tips:!/septic.barnstableoountyheaIth.orglapplpsrmit inspectionslvlewl$K5vUdo1sbOgJgeBU1wrA 112 11124121, 12:13 PM Pumps, Switches, Alarms Tesled? Any Equipment Failures? Any Parts Replaced? Any Recommended Corrective Actions? ■ ■ Inspection Completed? Technology Checklist Odor Around Site i Source of Odor Permitinspections Checked panels, timers, amps, switches, tank levels, alarms, and general condition of the system. None Reported None Reported None Relxerted Yes Yes! No Not Reported. Check all that apply Scum Depth in Primary Tank Not Reported. Sludge Depth in Ptimary Tank Not Reported. Does Grease Trap Need Pumping E I Yes[J No Unit T Blocler.e Vents Yes No Air Passing Through Vent u [ J Fan Operating 0 D General External Damage ij Yes No CovedFan Box/Ctrl Panel Locked OV Yes No Flies on the Unit E,,)YesE3No Number of Files IIJI Few❑ Many Location of flies Inside lid LockslLatches/Handles Ok D YesD No Lid Gasket Ok 0 Yesr j No Standing Water in Fan Box 0 Yes No https:/Iseptic.barnstablecountyliealth,org/app/permit_inspectionslviewl$i<5viDdol shogJgeB u l wfA 212 11124121. 12:20 PM Permitlnspections Chad Simmons -Coastal Engineering, Co. Inc. 12:20 pm Maim Subs -it My Clients My Reports Help Cancel I Seasonal Residence: Inspection E Address i Print Inspection Owner Sbudge Depth: In Scum Layer Thickness: I l 3 Component, No 1 Dale: Signs of Breakout: No Time: in Ponding Above Invert: Cpemtor Name: License #: Bioclere 2021-09-10 11:00:041 ,teff Selens 11444 Zite Conditions Seasonal Residence: No Air Temperature: °F Weather Conditions: ■.• Sbudge Depth: In Scum Layer Thickness: in Pumping Recommended: No woil Absorption System Observations Signs of Breakout: No Depth of Ponding: in Ponding Above Invert: No Any Apparent Violations of the Approval? None Reported Any Cleaning or Lubrication of Parts None Reported Performed? Any Control Adjustments Made? None Reported hitps:llseptic.barnstablecountyhea11h.orglapp/permitin spections/viewlkkdRDOI Bv4_13R9dCDstggg 112 11/24121, 12:20 PM Pumps, Switches, Alarms Tested? Any Equipment Failures? Any Barts Replaced? E Any Recommended Corrective Actions? Permitlnspections Checked panels. timers, amps, switches, tank levels, alarms, and general condition of the system. None Reported None Reported None Reported ----- -- Odor Around Site !Yes ' No Source of Odor Not Reported. Ddar bescriptian Mild Medium Strang Musty Septic Check all 1hatappty Scum Depth In Primary Tank Not Reported. Sludge Depth in Primary Tank Not Reported. Does Grease Trap Need Pumping OYOSUNo Unit 1 Bloclore Vents Yes No Air Passing Through Vent L},_ Fan Operating General External Damage CJ Yes1fr) No Cover/Fan Box/Ctrl Panel Locked 2 YesF 1 Nc, Flies on the Unit =Yes[ !No Number of Flies Few D Many Location M flies Inside lid Locks/LatcheslHandles Ok UYes f - ] No Lid Gasket Ok 1;+) Yesi ' No Standing Water In Fan Box D Yes{' -/J No https:llseptic.darnstablecounlyheaith.orglapplpemzit_inspectionslvimvlkkdQDOl8v4_BR9dcostggg 212 1120122. 10:52 AM Perniitinspections Chad Simmons - Coastal Engineering, Co. Inc. Main Submit My Clients My Reports Help Cancel Inspection i Print Inspection I- i.. 10:51 am Color: Odor: Effluent Solids: pH: Dissolved Oxygen: Turbidity: Settleable Solids: Clear Musty NO 7.0 SU 2.500 mg/L 1.88 NTU 112 Site Conditions Seasonal Residence: No Air Temperature: F Weather Conditions: Operating udge depth: F In cum Layer Thickness: In Pumping Recommended: No Soil Absorption System Observations Signs of Breakout: No Depth of Ponding: In Ponding Above invert: No Maintenance Issues Any Apparent Violations of the Approval? None Reported Any Cleaning or Lubrication of Parts None Reported Perf❑rmed7 Any Control Adjustments Made? None Reported tp s:llsepii c. b arnsta b i eeounty liaa Ith. o rglap plpermi t_i n s p ec lionslvi ewlxf l li bb5g2 tj C CcxMOCGj R A 112 1120122, 10-52 AM Permitinspections I Pumps, Switches, Alarms Tested? Checked panels, timers, amps, switches, tank levels, alarms, and general condition of the system. Any Equipment Failures? None Reported I Any Farts Replaced? None Reported Any Recommended Corrective Actions? None Reported Inspection Inspection Completed? —Yes - Technology Checklist Odor Around Site+r l i Yes . _ No { Source of Odor Not Reported. Check aH thal apply Scum Depth in Primary Tank Sludge Depth in Primary Tank Does Grease Trap Need Pumping Unit I Aar Passing Through Vent Fan Operating General External Damage CoverlFan Box/Ctrl Panel Locked Flies on the Unit Number of Flies Location of flies LockslLatcheslHandles Ok Lid Gasket Ok Standing Water in Fan Box Not Reported. Not Reported. jYes [] No . Yes, -I No IJYes I.JNo Yes P" No ' ] Few ] Many Not Reported. Yes [ No yes.No [�Yes No r— 11 0 R L W. littps:llseptic.barnstablecountyhealth.orglapplpermit—inspeclionslviewlxf Ihhbsg2ljCCcy,MDOGjRA 212 '00 '$�r �Mj 0 0 A X M 11 4r o) 0 �k February 9, 2022 James Tringale Compliance Coordinator Weston & Sampson 55 Walkers Brook Drive, Su'ite 100 Reading, MA 0 1867 Re: Ocean Edge Dear Mr. Tringale� Town of Brewster 2198 MAIN STREET BREWSTER, MASSACHUSETTS 02631-1898 PHONE: 508.896.3701 EXT. 1120 FAX: 508,896.4538 brhealth0brewster-ma.-gov WWW.BREWSTER-MA.GOV Health Department Amy L. von Hone, RS., C.H.O. Director Sherrie McCullough, R.S. Assistant Director Tammi Mason Senior Department Assistant Pursuant to Section 7.00 (Reporting of all SWWTF's and Wastewater Treatment Facilities that discharge over 10,000 gallons per day) of the Design, Operation and Maintenance Regulations for Small Wastewater Treatment Facilities, the Board of Health has requested that you attend (remote participation meeting) their meeting on March 16, 2022, at 7:OOPM to cl iscuss th e facil ity's p erfo rma nce a nd oth er pe rtf n ent iss u es. P lease su b mit a n a n nual written repo rt that su rn marizes a perati ng resu Its, pl a rt statu s, pro ble ms experien ced a nd any p Ian m od if icati on necess a ry to this off i ce no later tha n M a rch 10, 2022. Please confi rm. th e date a n d ti me with th is offi ce. Sincerely, -TZ" fwavv Tarnmi Mason Senior Department Assistant Brewster Health Department CC: Scott Kraihanzel OCEAN EDGE WWTF ANNUAL PERFORMANCE REPORT Calendar year 2021 Ocean Edge Resort Submitted by: Weston & Sampson Services March 10, 2022 Tammi Mason Senior Department Assistant Brewster Health Department 2198 Main Street Brewster, MA 02631-1898 Re: 2821 Annual Operations and Maintenance Report Ocean Edge Wastewater Treatment Facility Dear Ms. Mason: Weston & Sampson Services, Inc. is pleased to present you with our Annual Operations and Maintenance {O&M} Report for the Ocean Edge Wastewater Treatment Facility (WWTF). Included you will find a synopsis of our O&M activities, effluent flows, and effluent quality and parameters for the January 2021 through December 2021 reporting period. Sincerely, WESTON & SAMPSON SERVICES, INC, A/VC/4i� Marianna N. Coombs Area Manager westorosndsampson.wm Offices In: MA, CT, NH, VT, KY, PA, MO, INC, $C & FL Weston N Salmpson TABLE OF CONTENTS Cover Letter Table of Contents Introduction WWTF Performance and Compliance Repairs and Maintenance Pumping and Effluent Flow Graph Summary, Conclusion, and Recommendations westonandsampsan.wm Offices in: MA, CT, NH, VT, NY, PA, M6, NC, SC & FL 2 1 2 3 3 4 4 5 Westonusampson Introduction This annual report highlights Weston & Sampson Services, Inc.'s (WSS) contract Operations and Maintenance (O&M) involvement with the Ocean Edge Wastewater Treatment Facility (WWTF) during the 2421 calendar year. Specific information regarding O&M is included In each section, as outlined in the Table of Contents. WSS has been the operator of record for the Ocean Edge WUVfF since October 2005 (formerly through CHA Tech Services, LLC prior to December 2015). Calendar year 2021 was another successful year of operations for the WWTF. Pollution reduction performance was effective with few maintenance issues experienced throughout the year, The remainder of this report will present the data and provide comments on various aspects of the facility's O&M. WWTF Performance and Compliance The table below summarizes the pollution reduction results for the 2021 monitoring period: Overall, the WWTF's effluent quality was very goad throughout the calendar year. There were a few effluent results that exceeded the allowable parameters as established in the facility's groundwater discharge permit (GWDP# 633), Specifically, on July 14, 2021, effluent total suspended solids (TSS) was reported to be 45 rng/L, which was above the maximum permissible limit of 30 mg/L. Also on July 14, total nitrogen (N) was reported to be 16.3 mg/L, which was over the maximum limit of 10 mg/L, The elevated results were likely due to a high level of grease in the grease trap that carried over to the Amphidrome filter. The filters were replaced, and extra Amphidrome backwash cleaning cycles were introduced to remove any excess grease buildup. A second effluent sample was then collected on July 30, with result showing improved effluent quality. On October 19, effluent BOD was reported to be 72 mg/L, which was over the maximum limit of 30 mg/L. This elevated result was likely due to an overfeed of methanol used to enhance denitrification. Process control adjustments were made to the methanol feed rate and a second sample was collected on October 28 to show that results returned to levels in compliance with permit limits, westonan dsa mpson, corn Cmiicas In! MA, CT. NH, VT, NY, PA, MID, NC, SC & FL wasto{-i 0-+� f BOO TSS Oil & Grease Nitrate Total N InfluentNEffluw�ent m /Lremoval % influent m IL Effluent m IL % removal Effluent /L Effluent m L Effluent mJanuary 66100 110 6.7 94 0.7 2.8 3.8 February 17095 200 10 95 c0,5 3.4 6.9 March 114100 200 7.3 96 1.9 3.5 6.8 April 110100 140 3,7 97 <2.0 23 4.8 May 100 <10 100 210 <2,0 100 1.5 2.6 4.1 ,lune 170 <10 100 200 4.7 98 <0.5 3.5 5.5 July 250 26 90 390 32 92 <0.5 0.84 16.3 August 300 <10 100 370 6.7 9B 0.5 2.2 4.9 September 130 <10 100 260 3.3 99 0.5 1.7 4.0 October 51 45 12 80a<2O 94 2.2 <0,05 2.0 November <120 9 92 6488 <0,5 <0,05 0,54 December 60 27 55 7094 0.6 <0.05 1.1 Minimum 51 <10 -12 64 88 <0.5 <0.05 0.64 Maximum 300 45 1 100 390 32 100 2.2 3.5 16 Average 138 10 1 87 191 9 95 1.1 2.6 5.9 Overall, the WWTF's effluent quality was very goad throughout the calendar year. There were a few effluent results that exceeded the allowable parameters as established in the facility's groundwater discharge permit (GWDP# 633), Specifically, on July 14, 2021, effluent total suspended solids (TSS) was reported to be 45 rng/L, which was above the maximum permissible limit of 30 mg/L. Also on July 14, total nitrogen (N) was reported to be 16.3 mg/L, which was over the maximum limit of 10 mg/L, The elevated results were likely due to a high level of grease in the grease trap that carried over to the Amphidrome filter. The filters were replaced, and extra Amphidrome backwash cleaning cycles were introduced to remove any excess grease buildup. A second effluent sample was then collected on July 30, with result showing improved effluent quality. On October 19, effluent BOD was reported to be 72 mg/L, which was over the maximum limit of 30 mg/L. This elevated result was likely due to an overfeed of methanol used to enhance denitrification. Process control adjustments were made to the methanol feed rate and a second sample was collected on October 28 to show that results returned to levels in compliance with permit limits, westonan dsa mpson, corn Cmiicas In! MA, CT. NH, VT, NY, PA, MID, NC, SC & FL wasto{-i 0-+� f IN Repairs and Maintenance Listed below is a summary of repairs and maintenance items that were completed in the 2021 calendar year: ■ March - Pumped 3,300 gallons from exterior grease trap at Mansion Circle; 10,000 gallons from the Carriage House; 1,200 gallons from Beach Bar septic tank; 44,000 gallons from anoxic tanks at Mansion Circle; 2,000 gallons from Tennis Court/Mansion Pool lift station. • June - Pumped 3,000 from exterior grease trap at Mansion Circle. • July- Replaced Amphidrome filters. Pumping History Below is a table summarizing the pumping history for 2021: Effluent Flows The following graph depicts the total flow discharged in each month of 2021: OCEAN EDGE EFFLUENT DISCHARGED 2021 600,400 500,006 404,000 350,592 N C 340,000 L7 240,471 192,891 204,440 138,759 139,429 129,301 140,400 0 weston and sam p son.00 m offi-es in: MA, CT, NH, VT, NY, PA, MD, NC, SC & FL 547,401 512,128 M 378,618 267,214 231,441 134,777 met met P, �o� �e4e? Month Weston Q"Sumps n Grease Trap Volume (gallons) Anoxlc Tanks I Lift Stations Volume (gallons) March 22 3,300 10,000 March 23 - 41,200 March 24 - 2,000 June 7 3,000 - Totals 5,300 53,200 Effluent Flows The following graph depicts the total flow discharged in each month of 2021: OCEAN EDGE EFFLUENT DISCHARGED 2021 600,400 500,006 404,000 350,592 N C 340,000 L7 240,471 192,891 204,440 138,759 139,429 129,301 140,400 0 weston and sam p son.00 m offi-es in: MA, CT, NH, VT, NY, PA, MD, NC, SC & FL 547,401 512,128 M 378,618 267,214 231,441 134,777 met met P, �o� �e4e? Month Weston Q"Sumps n 5 Summary, Conclusion, and Recommendations The Ocean Edge WWTF continues to maintain a very strong record of successful treatment performance, as it has throughout the years. It is our recommendation that the anoxic tanks be pumped out in their entirety at the beginning and end of each season. Additionally, by law, the grease trap is to be pumped every three (3) months, or when the tank reaches one quarter (1/a) of its capacity, whichever comes sooner. Once again, we pledge to continue working diligently and applying our extensive Amphidrome experience to ensure that the system continues operating optimally, according to its designed capabilities. Should you require any further information, please do not hesitate to contact us. wasto na n ds aMpson.com offices is MA, CT, NH, VT, NY, PA, MD, NC, SC & FL Weston & Sampson February 9, 2022 Joe Henderson Horsley Witten Group 90 Route 6A Sandwich, MA 02563 Re: Kings Landing Dear Mr. Henderson: Town of Brewster 2198 MAIN STREET BREWSTER, MASSACHUSETTS 02631-1898 PHONE: 508.896.3701 EXT. 1120 FAX: 508.896.4538 brbealth@brewster-ma.gov brewster-ma�ov W WW.BREWSTER-MA.GOV Health Department Amy L. van Hone, R.S., C.H.O. Director Sherrie McCullough, R.S. Assistant Director Tammi Mason Senior Department Assistant Pursuant to Section 7.00 (Reporting of all SWWTF's and Wastewater Treatment Facilities that discharge over 10,000 gallons per day) of the Design, Operation and Maintenance Regulations for Small Wastewater Treatment Facilities, the Board of Health has requested that you attend {remote participation meeting} their meeting on March 16, 2022, at 7:00PM to discuss the facility's performance and other pertinent issues. Please submit an annual written report that summarizes operating results, plant status, problems experienced and any plan modification necessary to this office no later than March 10, 2022. Please confirm the date and time with this office. Sincerely, -� K�DcvL Tammi Mason Senior Department Assistant Brewster Health Department March 10, 2022 Brewster Board of Health 2198 Main 5t Brewster, MA 02631 Horsley Witten Group Sustainable Environmental Solutions 90 Route 6A • Unit 1 - Sandwich, MA 02563 REG`EIVE❑ BR1-VV; I ER i-1FALTH DERAriTME14T- 500-633-6600 • horsl"iften.cmM Re: 2021 Annual Report for the Icings Landing WastewaterTreatment Plant Groundwater Discharge Permit (No. 934-0) Dear Members of the Board of Health: The following is an overview of the Kings Landing Wastewater Treatment Plant {WWTP} and a summary of wastewater treatment operations from January 2021 through December 2021. Approval to operate the treatment plant was given by the Massachusetts Department of Environmental Protection (Mass DEP) on April 10, 2014. The WWTP has an approved design flow of 23,858 gallons per day (gpd) and the current average wastewater flow is approximately 10,000 gpd. The WWTP is operating under Groundwater Discharge Permit Number 934-0. The system is cam prised of the following components: • One 24,000 gallons primary settling tank (20,000 -gallon operating capacity) ■ One 11,000 gallons equalization tanlc with aeration grid (8,000 -gallon operating capacitv) • Flow splitter box • Two 8ioclere trains consisting of Biociere 30 & 32 units for each train ■ One 8 -foot diameter post Bioclere lift station ■ One 8 -foot by 10 -foot moving bed biofilm anoxic tank • One 6,000 gallon haffIed settling tank • Two ultraviolent disinfection units • One master distribution box ■ Five group distribution boxes ■ Five leaching beds with 25% spare capacity The WWTP treated effluent discharge limits are 30 mg/L of Biochemical Oxygen Demand (BOD), 30 mg1L of Total Suspended Solid (TSS), and 10 mg/L of Total Nitrogen (TN). The attached Figure 1 shows the results of effluent sampling from January 2021 through December 2021. The data varies throughout the year, permit limits were exceeded 3 times for BOD and 4 times for TSS along with the continued issue with TN. Additionally, it is suspected that the Wl+'tlTP is still experiencing some treatment issues resulting from quaternary Ammonia Compounds (QAC) in the system. k.Trojec151j01 %141105 FOA II Kings Landing WWT11%Repo03 10202 1 ANNUAL REPORTdoc March 10, 2022 Page 2 MassDEP issued the first amendment to the Administrative Correction Order (ACO) (see attachment) in October 2021. HW is currently preparing an Action Plan in collaboration with POAH Communities (facility owner), Coastal Engineering (WWTP operator) and Aquapoint (Bioclere treatment system supplier) to respond to the ACO. The Action Plan will be submitted within 90 days of the effective date of the amended ACD which has yet to be fully executed by MassDEP. The anticipated delivery date of the Action Plan is April 2022 and will include the following recommendations. • Upgrade of the previously approved and installed aeration grid in the equalization tank with two new ail- pumps. • Laboratory analysis of the microorganisms in the system to help identify if the proper microorganisms are present in the treatment system. ■ Description and cost of three potential WWTP modifications to bring the WWTP into compliance, • Description and cost of a potential full WWTP upgrade. In advance of submitting the Action Plan to MassDEP, the operator has begun the addition of a QAC neutralizing chemical, Counterquat and will evaluate its effect on WWTP performance. Once the Action Plan is complete, a copy will be provided to the BOH. Please feel free to contact me if you have any questions. Sincerely, HORSLEY WITTEN GROUP, INC. F. P. (Tom) Lee, P, E. Senior Project Manager— Principal Engineer cc; Mr. Tracy Weick, Preservation of Affordable Housing Mr. Andrew Osei, MassDEP K:1Prc�jecis\201 4114005 POAH Kings 1,an ling WW'1T\Rcpnrls1220310_2021 ANNUAL RI:PORT.doi I/sw v] 2 o � V) D ; z m z F C3 z z lqw o� J � a _4r0 N L M 00 C N 4 ajH V N N �� O N N r -I � N o rr1 - o m � H N 1 � N ro � n [4 m N r C t toLU N LLL 1�' H N E � cu n N tt O O O O Q 4 O Q Q p Q d 0 p O Q O 4 H O O O O Q O O Q 4 O 4 Q O O O 4 O O Ln Q Ln Q Ln O Ln O Ln O Ln O u7 O U) O N O 00 00 n n Co to Ln Ln �t C}' nl li [V N r1 -f I/sw COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION In the matter of: I{ing's Landing Preservation Associates, LP Enforcement Document #40006269 Issuing Bureau: BWR Issuing Region/Office: SERO Issuing Program; WPC Primary Program Cited: WPC Subpgm(s) Cited: Groundwater FMFIProgram ID No.: GW# 934 FIRST AMENDMENT TO ADMINISTRATIVE CONSENT ORDER 00406269 On December 24, 2419, the Commonwealth of Massachusetts Department of Environmental Protection ("MassDEP") issued an Administrative Consent Order with Penalty, File No. (00006269) (the "Consent Order") to King's Landing Preservation Associates, LP t"Respondent"). It became effective on December 24, 2019. This First Amendment to Enforcement Document #00006269 to the "Consent Order" by and between the Massachusetts Department of Environmental Protection (hereinafter "MassDEP") and the "Respondent" is made to and incorporated into the referenced Consent Order that was entered into by MassDEP and the Respondent on December 24, 2019. NOW THEREFORE, the Respondent hereto agrees as follows: 1. Paragraph S.A of Section II of the Consent Order is hereby amended by replacing said paragraph, in its entirety, with the following language: A. In violation of 314 CMR 5.16 (2), the Respondent submitted Discharge Monthly Reports (DMRs) demonstrating that the Respondent exceeded the following permit limits: i. Apart from November 2420, the Respondent has exceeded the permit limit of 10 mg/1 for Total Nitrogen each, month from March 2014 to September 2021, ii. The Respondent has consistently exceeded the pei mit limit of 30 mg/1 for Biochemical Oxygen Demand (BOD) from 2017 to August 2021 iii. The Respondent has not consistently complied with the permit limit of 30 mgll for Total Suspended Solids (TSS) and 10 mg/1 for Nitrate -Nitrogen while meeting other permit limitations throughout the life of the facility. In the Matter of.. Ding's Landing Preservation Associates, LP, ENF: 000062.69 Page 3 of 2. Paragraph 9 of the Consent Order is hereby amended by replacing said paragraph, in its entirety, with the following language: A. Within ninety (90) days of the effective date of the Amendment to this Consent Order, the Respondent shall submit to MassDEP for review and approval an Action Plan conducted by a Massachusetts Certified Professional Engineer, which shall include: i. -A laboratory biological analysis of the microbes within the influent and treatment stream to best design a solution for WVVTF modification and upgrade. ii. A feasibility and cost analysis of at least three (3) options for WWTF modification and upgrade. iii. A feasibility and cost analysis for a complete wastewater treatment facility upgrade to adequately treat the influent wastewater generated by the housing complex. Complete facility upgrade is being defined as completely new treatment units after prefivatment.and before discharge, iv, The Respondent shall implement the MassDEP Approved Action Plan according to MassDEP and the Professional Engineer's :recommendations. The Respondent has until October 31, 2025, to execute recommendations from the MassDEP Approved Action Plan, B. After October 31, 2025, to assess the effectiveness of the recommended solutions of the, executed Action Plan, the WWTF shall not exceed one of the following Permit effluent characteristics 011 three (3) monthly discharge reports within a rolling six (6) month timeframe for at least a full year after October 31, 2025. If the Respondent exceeds one of the following permit effluent characteristics as described, the Respondent must submit plans for the complete facility upgrade characterized in the MassDEP Approved Action Plan through a WP68 application of WPI 1 if near the end of the permit term: i. Total Suspended Solids at 30 mg/1 ii. Total Nitrogen at 10 mgll iii, Nitrate -Nitrogen at l0 mg/i In the Matter of: King's Landing Preservation Associates, LP. ENF: 00006269 Wage 3 of 4 iv. Biochemical Oxygen Demand, 5 -day at 30 mg/1 3. This Amendment shall be incorporated into the Consent Order and is effective and enforceable pursuant to the ter nis of the Consent Order. 4. Except as explicitly revised by this Amendment, the terms and conditions of the Consent Order, including any previous amendments thereto, shall remain and continue in frill force and effect. This Amendment may be executed in multiple counterparts, each of which, when executed and delivered to the Departnnent, shall be an original, All counterparts shall constitute one and the same instrument, G. This Amendment shall be deemed effective as of the date on which MassDEP signs this Amendment. 7. The undersigned represent that she/he has the authority to sign this Amendment and to legally bind the party on whose behalf such representative is sighing. Consented To: ICINGS LANDING PRESERVATION ASSOCIATES LIMITED PARTNERSHIP, a Massachusetts limited partnership By: POAH ICINGS LANDING, LLC, a Massachusetts limited liability company, its general partner By, PRESERVATION OF AFFORDABLE HOUSING, INC,, an Illinois not for profit corporation, its managing member By: `' Date: Name: Judith S. Jacobson Managing Director, General Counsel Its: P� In the Matter of: King's Landing Preservation Associates, LP. ENF; 00005269 Page 3 of 4 Issued By; MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION 0 Millie Garcia -Serrano Southeast Regional Office MassDEP 20 Riverside Drive Lakeville, MA 02347 Date: Permit #i: To ba completed by Applicant. Bnilding Site Location 4 Proposed Improvement: 7-a P BUH'D'NG WAI'nR SIGN OFFSHEL, T Zone_ll: Y ! N Town or Well water: fiPA, II� Phe , Address: �l1 kAk— ]date Filed.: � "If you would like .�e-m�ail" notification of sign off, please provide e-mail address_ owner Name: P(Q �1 _ r ��yy r hone: Owner Address'. VL �k)/Ijjg r P RESIDENTIAL AND/OR COUW-- RCIALaDILD]NG i ]T ALTH DEPARTMENT; Deter m i les Compliance to state and. Tawe Regulafiaris; i.e., Requirements fax 5eptage T ijiosal anal other Public ReaIth Activities. Reviewed by: Please submit two (2) copies of plans, to include: (I) Site plan showing existing buildings, water line location and septic System, location; (2) Floor plan labeling A!1! moors witlxin building (all existing and proposed) Note: FloarPtaxv are roof requiredfor decks, shed's, windows, roc. 1g, (3) Ifnecessary, Title 5 application signed by licensed installer with fee U ASE NOTE RECIEIVF- D Town of Bre.wster FFB i 2,022 2198 AYJK STREET BRI3WSTEk MASSAUTUSETTs'02631-1898 L Health De p tm�nt PHONE: 508.896.3701 EXT. 11-20 irectar FAQ- 508.896.4538 l7Tll�ajtt� (brBW5t r 1i1iL�i3V Sherrie McCullangh, R5, Asslb eat Director WV;''W,BREWSTBR MA.GOV Tommi Mason Senior Departm mt Assistant BUH'D'NG WAI'nR SIGN OFFSHEL, T Zone_ll: Y ! N Town or Well water: fiPA, II� Phe , Address: �l1 kAk— ]date Filed.: � "If you would like .�e-m�ail" notification of sign off, please provide e-mail address_ owner Name: P(Q �1 _ r ��yy r hone: Owner Address'. VL �k)/Ijjg r P RESIDENTIAL AND/OR COUW-- RCIALaDILD]NG i ]T ALTH DEPARTMENT; Deter m i les Compliance to state and. Tawe Regulafiaris; i.e., Requirements fax 5eptage T ijiosal anal other Public ReaIth Activities. Reviewed by: Please submit two (2) copies of plans, to include: (I) Site plan showing existing buildings, water line location and septic System, location; (2) Floor plan labeling A!1! moors witlxin building (all existing and proposed) Note: FloarPtaxv are roof requiredfor decks, shed's, windows, roc. 1g, (3) Ifnecessary, Title 5 application signed by licensed installer with fee U ASE NOTE Town of Brewster Health Department 1 Board of Health Regarding: 54 John Wings Lane HOMEOWNER'S INTENTION: • Use unfinished 250 sq, ft. space above existing garage for a proposed Gym/Office • Existing unfinished space is narrow (10 feet wide) with existing 5 feet knee walls • Owners both work from home and would enjoy having a space for each to use. • Access to space is thru an existing master bathroom and pass over a second floor deck • Owners have no interest in making into a bedroom HOMEOWNER'S PROPOSE: • Draft a deed restriction and have recorded with Barnstable County • The restriction will state space above garage to not be a 4th bedroom Thank you for your time, Ken Murphy 10 NJ 9i� ���eS3 iJ�] ���� Vw 'N3-LsMz32iq own rn L��ioF�.4 q) Mau �1J 11 lJ ala ��L4 \J� F?Isp : ever a�w�i A3aus rr,eoan lira �?35�G30..IG� m.l S a � u U Q C _ Q z _ uu m z � Q � :2 m 0 LLJ U � 7n1j, J L_L 0 0 u z LU o - A - , z w �Q U D al 0 Town of Brewster 2198 MAIN STREET BREWSTER, MASSACHUSETTS 0263 1-1 898 PHONE: 508.896.3701 EXT, 6120 FAX: 508.896.4538 brhea 1 ch@brewster-tna.&ov_ W W W.BREWSTER-MA.GOV AGENDA ACTION ITEM FORINT BOH Variance Agenda Item ❑ In -House Local Upgrade Approval ❑ Other: Health Department Amy L. von Hone, R.S„ C.H.D. Director Board of Health Meeting Date: March 16, 2022 Project Location: 54 John Wings Lane Map & Parcel: 23147 Owner's Name & Address: Stewart K.oman 54 John Wings Lane Brewster, MA 02631 Sherrie McCullough, R.S. Assistant Director Tammi Mason Senior Department Assistant Applicant: same as above Date Requested: February 16, 2022 Title 5 Variance Request: Yes❑ No® Board of Health Variance Request: Yes ❑ No ®Cl ick here to enter to\t. Other: Yes Z No ❑ 1. Outside Zone II and Town Water 2. In ESA — existing building and septic system and lot within 300' of wetlands 3. Proposed renovations (unheated office/gym) to existing attic space above garage Health Director's Comments and Recommendations: 1. The property consists of an existing 3 Bedroom residential home with a 2015 Title 5 septic system consisting of a 1509 gal septic tank, 1070 gal pump chamber, and a pressure dosed leach chamber field consisting of 36 Infiltrator chambers without stone. The leach facility is located approximately 35'+1- above groundwater and 154' from the closed edge of Upper Mill Pond. The entire lot is located within 300' of wetland and therefore qualifies as an Environmentally Sensitive Area (ESA). The existing septic system has the capacity for a 4 bedroom dwelling. 2. Historical timeline for the BOH approval of variances for the construction of the existing 3 Bedroom dwelling and septic system: N ;\Heal ffiBOH Meeting NotesWOH Hearing Notes154 John Wings Lnne M23P47 Agenda,Variance Action Item Form 03.11.2022. docx 3. Q a. 913113: Initial review and denial by BOH for construction of a 4 Bedroom dwelling (per old BOH Bedroom Regulation) with wetland setback variances (165' separation to wetland, construction of 3 bedroom home on undersized lot of 25,175 sf) b. 10115113, 214114, 11117115: BOH review and approval of 3 Bedroom dwelling (6 room house design) on 26,175 sf lot, 135' setback variance to wetlands, installation of PhosRid IIA system {Piloting Approval}, no additional bedrooms allowed c. 116115: BOH approval of extension of variances to 1114115 d. 5125116: BOH review and approval of modified septic design to eliminate the PhosRid IIA system, install a pressure dosed leach field located 154' from edge of wetland for proposed 3 Bedroom dwelling Current Renovation Proposal: Convert existing attic space above garage to an unheated office/gym (250 sf of living space) a. The proposed room is isolated and greater than 70 sf (minimum size for legal bedroom per Title 5/BOH regulations) K The proposed room is only accessible through an existing 2nd story bedroom and bathroom and deck without any stairs to the ground level. The entry to the proposed room is located from the deck. Access must be gained by walking into the bedroom, then the bathroom, exit the outside bathroom door onto the deck, and then enter the new room through a door from the deck. Health Director Observations and Recommendations: Approval with conditions a. The proposed room can only be accessed through an existing bedroom and bathroom minimizing the privacy for use as a bedroom for additional occupants. b. The proposed room is unheated which minimizes the anticipated use of the room during the cold weather/heating season and limits the legal use of the room as bedroom space under the Housing Code. c, The current septic system is overdesigned for 4 bedrooms total capacity, d. Current passing Title 5 Inspection Report dated 719121 (completed for property transfer) showing less than %" of standing water in the leach field during dosing, e. Property and septic system are located downgradient of Upper Mill Pond and are greater than 1000' from Canoe Pond. (Water Table Map of Brewster and Harwich) f. Approval with the following conditions: i. Maximum 3 Bedrooms per original approval ii. Any future renovations proposing to modify or add habitable space must be reviewed by Health Department staff to confirm non -bedroom use of space. No additional bedrooms allowed without formal review by the BOH, 1V:\Heakth\BOH Meeting Notc%=H Hearing Notes154 John Wings Lane M23P47 Agend a. 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L v� o 0 o a Cran ry �. :+iG� .❑ + Upper MiUpond 2 .� - :• � Sty o -r Pow d r Pond y' " 4 i� 29 Pane -1 V, •�'�,��� Q,.M�`� Y ' `- y-! 8 G � N ' •. p20ibd' /nom ._• ]!• Li=+��a=� `-y\ tij i ry^'� -:: 1�J •. 1 0 .c* r r {i r • IC �� _ e�V Wns - •, a '�`�'• - r`` razed �'�4_ 00f cl CD IA Il l c `�r� F r . , .�'d I ~ ' + _ �sfl�i G f J 6A 'iiu�„w crui OFFICE or sn w8'c� T�w>~r t)1 BRCWSTI R HrALTi4Dr-PARTMENT 9 2198 MAiN STRE, Ecr 3 ; i = BREwsTER, MA 02631 PLANE: (508) 896-3701 EXT 112.0 o 4 FAX: (508) 896-4538 BriITEEuI'H@awSTxsa.Gov TOWN OF BREWSTER BOARD OF HEALTH LOCAL REGULATION TO SUPPLEMENT TITLE 5 STATE ENVIRONMENTAL CODE BEDROOM DEFINITION FOR THE PURPOSE OF SIZING A SEPTIC SYSTEM 1. Authority. In accordance with Massachusetts General Laws, Chapter 111, Sections 31 and 127A, the Brewster Board of Health hereby adopts the following regulation to supplement the provisions of the State Environmental Code, Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On -Site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage (hereinafter, "Title 5" }. 2. Purpose. The purpose of this regulation is to provide a greater degree of protection to environmental and public health, to protect groundwater from contamination, prevent the spread of disease, and provide greater clarification of the definition of "bedroom" as that term is used by the Board in applying the provisions of Title 5 and the Brewster Board of Health Regulations pertaining to on-site sewage treatment and disposal systems. This regulation is only intended to assist the Board of Health in sizing a subsurface sewage disposal system; it is not to be applied to other Federal, State or Town Regulations. 3. To the extent application of this definition will not result in an interpretation less stringent than the provisions of Title 5, the term "bedroom" shall be defined as follows for the purpose of sizing a subsurface sewage disposal system (proposed and existing): Bedroom: "Any portion of a dwelling which is designed to furnish the minimum isolation necessary for the use as a sleeping area and otherwise meets the following criteria: (a) floor space of no less than 70 square feet (b) for new construction, a ceiling height of no less than seven feet three inches; ( c) for existing houses and mobile homes, a ceiling height of no less than seven feet zero inches (d) an electrical service and ventilation; and (e) at least one window. Living rooms, dining rooms, kitchens, hail, bathrooms, unfinished cellars and unheated storage areas over garages are not considered bedrooms. Single family dwellings shall be presumed to have at least three bedrooms. Where the total number of rooms for single family dwellings exceeds eight, not including bathrooms, hallways, unfinished cellars and unheated storage areas, the number of bedrooms presumed shall be calculated by dividing the total number of rooms by two then rounding down to the next lowest whole number. The applicant may design a system using design floevs for a smaller number of bedrooms than are presurned in this definition by granting to the Approving Authority a deed restriction limiting the number of bedrooms to the smaller number. 4. Design Flows. An applicant must design and install systems using design flows for the number of bedrooms determined hereunder unless the Brewster Board of Health makes the specific determination, after a public hearing, that a system using design flows for a smaller number of bedrooms will not negatively impact the W WW.TOWN.BREWS'TERMA.US bedroom Definition Page 2 public health , safety, welfare or the environment and unless the Board of Health approves an appurtenant deed restriction, running with the land and in favor of the Board, limiting the property to the smaller number of bedrooms, 5. Floor Plans and Inspections. In order to determine compliance with any provision of the foregoing regulation, a floor plan must be filed with the Brewster Board of Health for the Health Agent to make a determination as to bedroom count; If the Health Agent deems it necessary, he or she may refer the determination of the bedroom count to the Board of Health for a vote. If the Board of Health, by a majority vote of its members, deems that an inspection of an existing residence would be helpful to confirm the bedroom count, the Health Agent shall have the authority to inspect the premises and report back to the Board his or her findings. Adopted: May 23, 2805 Effective: September 1, 2006 Amended: October 17, 2006 Effective: Upon Publication Amended: July 22, 2008 Effective: Upon Publication Amended: March 10, 2015 Effective: May 22, 2015 Lemuel Skidmore, Chairman Board Annie Sherwood, Vice Chairman Of Health Joanne Hughes Mary Chaffee Carmen Scherzo Colette Williams, Town Clerk TOWN OF 13REWSTER nrricsOF rltir +r 1• EM-i'Fl DEPARTMENT �t t R� 2198 MAIN STREET + > BREWSTER, MA 42631 o - � f'Hota!~: (5118) 896-3701 EXT 1120 FAX: (508) 896.4538 BRFIEAI_TN(7TOWN,BREWSTER.MA.U5 BREIi T T N.�LERK BOARD OF HEALTH MEETING '13 OCTI TUESDAY, SEPTEMBER 3, 2013 AT 7:OOPM TOWN HALL Present: Mary Chaffee, RN, PhD, Chainnan; Joanne Hughes, Vice Chairman; Lemuel Skidmore, MS, MPH; Annie Sherwood, RN; Pat Ottolii i, RN, MPA, CHA; Nancy Ellis Ice, MPH, CHO, RS, Health Director and Tammi Masan, Senior Department Assistant, Bennett Environmental -continued BOB variance hearing for a John Wings Lane Variances requested are as follows: 1 • t65 feet from leaching to pond 2. 3,825sf variance to allow a 3 -bedroom home an a 2b, 175sf lot David Bennett represented the homeowner. MC stated that she is a client of BE and the relationship with the company will not affect her judgment on this hearing. DB stated that this hearing lead been continued due to Conservation Commission needing to delineate the wetland fine; he also stated that there were no comments from DEP on this issue. There is no past of the lot that is not within 300 feet of tho' pond. There is 30' separation of the proposed SAS to ground water. A 3 Bedroom dwelling is proposed for this property. DB handed out a revised floor plan. There will not be a finished area above the garage and any cased opening will be removed for the extensionof the living room. This will bring it to a 3 bedroom vs. 4 bedrooms which was shown on the plan that was previously submitted; N[ discussed that the regulation states that if it is new construction, it would be restricted to 1 bedroom per 10,004 sf. Vere wa$ discussion on possibly having town counsel look at section 3.5 of the Regulation regarding Variance bequests and determind whether or not variances can be granted. Abutter 1$tters were read, AS -refer �o TC with regards to the paragraph about new construction. No second• otion: JH -move to follow the Health Director's recommendation and not approve this variance request. Based on the BOB tegulation, this lot can only accommodate 2 bedrooms. LS seconded. Vote: 4.0-1 DB woui� like a continuance to consult with his client, the Board agreed. 2• iM• O'Reilly- BOB variance hearing for 53 Sheep Pond Circle Variance$ requested are as follows: I . §AS to be 162' from pond Keith Fetnandea was present to represent the client. Conservation Commission has not approved this yet, but they have been in touch with N1. This is a cesspool system, which is being replaced with a Title 5 system but they can only get 162 feet from SAS to pond. Motion: JH -as this is a better situation than cesspools, approve the variance contingent on CC approval. LS seconded. Votel; 5-0-0 WWW,TDWN.DREWSTER.MAMS TOWN OF BREWSTER orEICEOf 99411W4T HEALTH DEPARTMENT 04 It +t 21$8 MAIN STREET t L BREWSTER, MA 02631 o : PHONE: (508) 896.3701 EXT 1120 + FAX: (508) 896.4538 g%P•{P�;;ti BRHEALTH@'roWN.BREWSTER.M A. 115 BOARD OF HEALTH MEETING ,13 NOU13 M741 TUESDAY, OCTOBER 15, 2013 AT TOOPM TOWN HALLf BREUST£k T01j;H CLERK Board Members resent: Mary Chaffee, RN, PhD, Chairman; Lemuel Skidmore, MS, MPH; Annie Sherwood, RN; Pat Ottolini, RN, MPA, CHA Board Members absent: Joanne Hughes, Vice Chairman Others present: Nancy Ellis ice, MPH, CHO, RS, Health Director; Tam -mi Mason, Senior Department Assistant; Board of Selectmen Liaison Ben deRuyter, Sarah Turano-Flores, Town Counsel Call to order: The Chairman called the meeting to order at TOOPM 1, Continued BOH local variances hearing for 0 John Wings Lane -Bennett Environmental: David Bennett presented his continued request for BOB local variances to allow the SAS to be 135 ft from Upper Mill Pond and to allow a 3 bedroom home on a 26,175sf lot. Discussion: Mr. Bennett stated that he had revised the plans, has changed the house to a smaller footprint, changed the driveway position and added subsurface drainage for all the gutters. A 3 -bedroom Phos -Rid alternative system has been designed and it has been designed so that it is further away from the pond than previously stated, Floor plan has been made smaller. There was a lengthy discussion on the room count. Pat Ottolini asked about composting toilets. David Bennett stated in order to do that it would require 2 different systems. Pat Ottolini asked about the sampling requirements for this particular system. Motion: Recognizing that mitigating measures are being taken in the design of the gallery type septic system that affords the minimum footprint and greatest horizontal separation to the pond and provides both sidewail and bottom of hole area contact with soil for phosphorus absorption, the SAS is oriented perpendicularly to the regional groundwater flow, there is 30' to groundwater, a condition that an O & M contract will be in place for 2 years and a change in the design was made to the 2nd floor plan, approve the variance for the SAS to be 135 feet from Lipper Mill Pond and allow a 3,825sf variance to allow a 3 bedroom on a 26,175sf lot. A final plan showing the Phos -Rid system and the 6 room design will need to come back to the Board for approval, Motion: Annie Sherwood Second; Pat Ottolini Vote: 3-1-0 Action: Motion carried 2. EAS Survey, Inc. -Title 5 variance Iva gest for 111 Charles Street: Annie Sherwood stated that she had fled an Ethics Disclosure form with the Town Clerk and feels there is no reason she cannot be impartial on this request. WWW .To WAi.BREW STER.M ALIS FICE OF BMs ,r TOWN OF BRE WSTER HeAUOFrii FI DEPARTMENT v4 •Z 2198 MAIN STREET s BREWSTER, MA 42631 Y PrioNE: (548) 896.3'701 EXT 1120 M -FAX: (508)896.4538 Tom ' BRH@ALTki@ToWN.BRE-WSTSR.MA.US BrID-5TH. TBS CLERK BOARD OF HEALTH MEETING TUESDAY, FEBRUARY 4, 2014 AT 7:00PM1-� � � ��� ., R1 =0� _ a + j''AM TOWN HALL Board Members present: Mary Chaffee, RN, PhD, Chainnan; Joanne Hughes, Vice Chairman, Lemuel Skidmore, MS, MPH: Annie Sherwood, RN; Pat Ottolini, RN, MPA, CHA Call to Oder: Chairman called the meeting to order at 7:00pm. Board Members absent: Others p�resent: Nancy Ellis Ice, MPH, CHO, RS, Health Director; Tammi Mason, Senior Department Assistant; 1, Bennett Environmental: Final approval for VA system at .John Wings Lane I D i David Bennett was present seeking inial approval of an IIA system so that they can move forward in getting approval fromDE and getting this system installed. PM Lombardo has completed a plan for an alternative system, Joanne Hughes asked about the floor plan, specifically about the "office" upstairs. Nancy Ice stated that she does not count rooms under 70sf {the, office in question s 11,%because according to Title 5 any roam under 70sf cannot be considered enough space for a person. Joanne Hughes asked ab trt the screened room, and voiced her concerns with the size of the house. David Bennett stated that he believed it was not a heated sF ace. Lemuel Skidmore spoke about how he voted against this last time for the same concerns that Joanne Hughes has just stated. E avid Bennett believes that this floor plan does go along with the Boards wishes for a 6 room home, He spoke about the septic sy tem and environmental protection and the fact that this system provides way more protection than is needed, It is a very expensive system that does require an operation and maintenance contract at another added cost. Joanne Hughes asked about what it would toe to make the system 440 to provide extra protection. She is concerned with this system because it is a piloting system and would l' a to put some conditions on this. She would like to see influent and effluent testing and stated that if the system doesn't deliver til a type of treatment that it is supposed to, there be a condition that they would have to put in composting toilets. David Bennett stated that the rhos -rid system is the only system on the market that removes phosphorus currently. Moll n• Approve the piloting Phos -rid system with the condition that it meets the claims of the company to treat the phosphorus to 1 mg per 11 er and/or 90percent removal of phosphorus, Influent and effluent grab monthly for the first 3 months, then quarterly for the next 15 months. Approval is contingent on the condition that the SOH retains the right to require composting toilets or a tight tank, or other measures for non-compliance. Motion: �oanne Hughes Seconded; Annie Sherwood Vote; 5-0-0 Action: Motion carried 2• I.C. Ellis: request far approval of I/A system at 0 Primrose Cartway DisG�ssi Jason Ellis explained to the Board that this property was granted variances in 2010 for a well and 2 bedroom house. The well was installed but the house was never built, They are now asking For permission to install an Orenco AX20 IIA system so that they mig t get a P bedroom. The owners are not going to be building the home; they are attempting to prove that a 3 bedroom can be built on t e property so that they can sell it. Nancy Ice asked about the changes from the first plan and this one. Jason Ellis stated that it is a ch ge because of the IIA system. Nancy Ice spoke about the permit extension act, Lemuel Skidmore stated that he believes that this i a change from the previously approved plan and would be considered a new permit and would therefore have to comply with 201 regulations. Joanne ilughes asked why Mr. Ellis chose a provisional use system instead of a general use system. Mr. Ellis stated that a general use would n¢t have allowed the nitrogen credit needed for a 3 bedroom home. There was back and forth discussion on whether this was a new pertitit application, Mr. Ellis believes that it is just a modification to an already approved application. w W W.T0WWN,BRE WSTER.MA MS 0�War TOWN OF BREWSTER arrrraor of (n �R 21,98 MAIN STRI:TT HEALTH 1)PPAnTaIMT x �5 = BRFmSTEt, MA 02631 r _ PHoNm (508) 896.3701 $xT i f 20 ° ..+• RAx: (508) 896-4538 URKALT1T ),DRBW8TFR-MA.G0V BOARD OF HEALTH MEETING TUESDAY NOVEMBER 17, 2015 A,r 7;ODFM TOWN HALL, ROOM A Hoard members present: Len►uel Skidmore, MS, MPH, Citairrnan; Carmen Scherzo, DVM, Vice Chairman; Annie Dugan, RN; Mary Chaffee, RN, PhD; doe Ford Others present: Nancy Ellis ice, MPH, CHO, RS, Health Director 1. Chairman's announcements None 2, Bennett Environmental Associates Inc. - variance request for Sd John Wings Lane The property was previously granted variances in October 2013 And Febmary 2014. They are; before the Board because tite variances have lapsed and the construction tins not been started. They are requesting the following variances: 1, To allow the soil absorption system to be 165 feet from UpW Mill Pond 2. To allow a t{tree bedroom home on a lot that is 26, 175 square feet 3. To allow a PhosRid Pilot Approval system The Board discussed the variance requests. It ►vas noted that the septic system is down gradient of Upper Mill pond. Motion; Finding that rt►itigating measures arc being taken it) the design of the gallery type system which affords the minhnum footprint and greatest horizontal separation to the pond and provides both sidewall and bottom of hole area contact with soil for phosphorus absorption, the SAS is oriented perpendicularly to the regional groundwater flow Arid there is 34 reel to groundwater, approve the variances as requested, Environmentally Sensitive Area conditions apply. Motion; Annie Dugrstt Second: Dr, Scherzo Vote: 5-0-0 Action, Motion carried 3. David Quinn -appeal of the Hentth Director's decision For 48 Barons Way This ►vas continued trntil the December 15, 2015 meeting. 4. Discuss and possibly approve a change in Private Well Regulations Motion: Approve changes. Motion: Dr. Scherzo Second: Annie Dugan Vote: 5.0-0 Action; Motion carried 5, Discuss Public Ileaith Advisory on Manganese Dr. Chaffee and Dr. Scherzo, made some changes. The changes will be rnader and this will be on the December agenda to discuss, rt WWW,T0WN,I3REWSTER.MA,US U(D.."s TOWN OF BRE- 2198 MAIN STREET BREWSTER, MA 42631 PHOW (508)896.3701 1;x13217FAX:(508)896.4538 ARHEALTH@BTtEWSTFR-MA.GOV BOARD OF HEALTH MEETING TUESDAY, MAY 24, 2016 AT TOt]PM TOWN HAIL, ROOM A Board members present: Carmen Scherzo, DVM; Annie Dugan, RN; Jae Ford and James Gallagher Board members absent: Mary Chaffee, RN, PhD OFFICE OF HEALTH DEPARTMENT Others present: Nancy Ellis ice, MPH, CHO, RS, Health Director and Tammi Mason, Senior Department Assistant L Reorganization of the Board of Health and welcome to the new member The Board welcomed James Gallagher as their newest member and congratulated Joe Ford for his re-election. The following reorganization occurred: Motion: Nominate Dr. Scherzo for Chairman Motion: Annie Dugan Second: Jae Ford Vote: 4-0-0 Action: Motion carried Motion: Nominate Joe Ford for Vice Chairman Motion: Annie Dugan Second: James Gallagher Vote; 4-0-0 Action: Motion carried Motion: Dr. Chaffee will remain on the Recycling Committee, Dr, Scherzo will remain on the WQRC and Annie Dugan will remain on the Dog Park Committee. Motion: James Gallagher Second: Joe Ford Vote: 4-0-t} Action: Motion carried 2. Chairman's announcements Dr. Scherzo told the Board that July 911' is Brewster's Conservation Day and was looking for someone to be there in tiie afternoon (11:30-2). He stated that he would be there from 9:30,11.30. 3, BEA Inc. — local variance req nest modification For 54 John Wings Lane David Bennett presented this to the Board. Homeowner Bettina Vietch was also present. They are before the Board asking to use a shallow pressure dosed system instead of the Phos Rid system that was previously approved. Mr. Bennett feels that this is a good alternative and less costly. They are also looking for an extension of the variance that will expire at the end of May. Mrs, Ice expressed concern with the bottotn of the leaching field. Dr. Scherzo asked what the distance to the pond was. Mr. Bennett stated that it is 154' away from Upper Mill Pond. Dr. Scherzo thinks that the reserve area would be a better spat for the leaching. Mr, Bennett stated that it wasn't really feasible due to a drainage issue there. There is significant depth to groundwater and Mr. Bennett believes that this system offers better protection than the Phos Rid system. They are looking for 60 additional days to get the system installed. W W W,TOWN.BREWS'T'ER.MA.US June 2, 2016 TOWN OF BREWSTER 2198 MAIN STREFT BREWSTER, MA 02631 1'1-10NE: (508) 896-3701 EXT 1120 FAX: (508) 896-4538 BRHEALTH a BRr-WSTER-MA.GdV David C. Bennett, R.S. President Bennett Environmental Associates, Inc. P.O. Box 1.743 Brewster, MA 02631 RE: Old Map 36, Lot 204; John Wings Lane Bear Mr. Bennett: OFFICE c)r HEALTH DEPARTMENT On October 15, 2013; February 4, 2014 and November 17, 2015, the Board of Health voted to approve the requested variances, On May 24, 2016, the Board of Health voted to modify the following variances from the Brewster Board of Health Regulations: 1. To allow the soil absorption system (SAS) to now be 154 feet from Upper Mill Pond, 2. To allow a three bedroom home on a lot that is 26,175 square feet. 3. To allow the use of a shallow (in the B horizon), pressure dosed leach field and not the PhosRid system with piloting approval as previously approved by the Board of Health. Soil certification will be required in the B horizon. 4. This extension is valid until July 24, 2016. If you should have any questions, please do not hesitate to contact the Health Department at 508-896-3701 ext. 1120. Sincerely, `-nd",-� uze" Qi -- Nancy Ellis Ice, C.H.O., R.S. Health Director WWW. TOWN,BREWSTER.MA.US Amy von Hone From: Gregg J. Corho EGCorbo@k-plaw.com> Sent: Tuesday, March 8, 2022 6:53 AM To: OpenMeeting (AGO) Cc: william j Jennings@gmail.com Subject: Open Meeting Law Complaint - Town of Brewster Board of Health Attachments: Open Meeting Law Complaint - 02,16.22 Board of Health (002).pdf; Brewster---BOH-Response to_OML Complaint_ --2-16-22 Meeting.pdf To whom it may concern: Attached please find an Open Meeting Law complaint received by the Brewster Board of Health on February 17, 2422 and the Board's response thereto. Please do not hesitate to contact me if there are any questions or if you require any further information. Very truly yours, Gregg J. Corbo, Esq. KP I LAW 101 Arch Street, 12th Floor Boston, MA 02110 O: (617) 654-1764 F: (617) 654 1735 corba k- law.com www,k-plaw.com This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is PRIVILEGED and CONFIDENTIAL and/or may contain ATTORNEY WORK PRODUCT. If you are not the intended recipient, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and attachments thereto, if any, and destroy any hard copies you may have created and notify me immediately. KPILAW Tlye Leader in Public Sector Lara March 8, 2022 Ms. Carie Benedon Assistant Attorney General Director, Division of Open Government Office of Attorney General One Ashburton Place, 20th Fl. Boston, MA 02108 101 Arch Street, Boston, MA 02110 Tel: 617.556.0007 1 Fax. 617.654.1735 www k -platy coin Gregg J. Corho gcorho&-P1aw.cam Re: Town of Brewster Board of Health - O en Meeting Law Corn laint from William Jennings, Received February 17 2022 Dear Ms. Benedon: KP Law, P.C, represents the Town of Brewster ("Town") as Town Counsel. The Brewster Board of Health (the `Board") received an Open Meeting Law Complaint from a member of the public, William Jennings ("Complainant"), on February 17, 2022. The Board met on March 2, 2022 and acknowledged receipt of the Complaint and authorized me to respond on its behalf. A copy of the Complaint is enclosed herewith. BACKGROUND In the Complaint, the Complainant alleges that the Board violated the Open Meeting Law by proceeding with a public meeting held by remote video conferencing technology despite the fact that the Complainant was not recognized to speak during the "Citizens Forum" portion of the meeting. Specifically, on or about February 11, 2022, the Board of Health posted notice of its intent to hold a public meeting on February 16, 2022. Through the meeting notice, the public was informed that the Board intended to meet via the Zoom remote video conferencing technology and it provided information as to how members of the public could view the meeting, A copy of the Board's meeting notice is attached hereto. One of the topics listed on the meeting notice was "Citizen Forum". The topic was placed on the notice to signal the Board's intent to allow citizens to address any issues of concern. During the meeting when this topic was reached, the Chair asked staff if anyone was waiting to address the Board but there was no response. The Chau- then went on to the next topic. This discussion took place approximately 4:30 minutes into the meeting. A recording of the meeting can be viewed via the following link: https:llreflect-brewster-ma.cablecast. tvlCabiec_as_t_PuhlicSitelshowl5866?channel=l A few minutes later, during the discussion of the Board's next topic, staff informed the Chair that two individuals had raised their virtual hands to address the Board. The Chair asked if their KP Law, P.C. I Boston • Hyannis • Lenox - Northampton • Worcester KPILAW March 8, 2022 Page 2 hands were raised when she asked for any comment during Citizen Forum and the staff member responded that they were not. The Chair, however, recognized both members of the public and allowed there to speak. This discussion took place approximately 11:00 minutes into the meeting. Thereafter, a third member of the public was recognized and allowed to address the Board. DISCUSSION The Board's February 16, 2022 meeting was held via the Zoom remote video conferencing technology as authorized by Chapter 20 of the Acts of 2021. The Act allows a public body to conduct its meetings via any remote video conferencing technology that ensures public access to the deliberations of the public body for interested members of the public. According to guidance from the Division of Open Government (the "Guidance"), the method used to provide alternative access to the meeting must enable the public to clearly follow the proceedings of the public body as they are occurring. Neither the Act nor the Guidance, however, requires that members of the public be allowed to participate in public meetings, unless such participation is mandated by other applicable laws. Rather, as with meetings conducted in physical locations that are open to the public, there is no obligation on the part of a public body to allow members of the public to participate in the meeting, See, Attorney General Declination, January 19, 2022. In this matter, the Board provided access to its deliberations by remote video conferencing technology, as authorized by the Act. Members of the public were able to follow the Board's deliberations in real time, with no issues or delays. Although not required to do so, as soon as the Board was informed that members of the public wished to speak, it allowed them to participate in the meeting. Nothing further was required. Therefore, there was no violation of the Open Meeting Law with respect to the Board's February 16, 2022 meeting. If you have any questions or need any additional information, please do not hesitate to contact me. Thank you for your attention to this matter. Very truly yours. /7orbo Gregg J OPEN MEETING LAW COMPLAINT FORM Office of the Attorney General Dog One Ashburton Place Boston, MA 02108 Please note that all fields are required unless otherwise noted. Your Contact Information: First Name. -William Last Fame: Jennings Address: 34 Thousand Oaks Drive City: Brewster 5tate: MA Zip Cade: 026 31 Phone Number: 774-286-9493 Ext. Email: william.j*.j*ennings@gmail.com Organization or Media Affiliation (if any): Are you filing the complaint In your capacity as an individual, representative of an organization, or media? (For statistical purposes only) 0 Individual ❑ Organization ❑ Media Public Body that is the subject of this complaint: Q City/Town F-1 County Regional/District state Name of Public sods (including city/Town Of Brewster/Board of Health town, county or region, if applicable): Specific person(s), if any, you allege committed the violation: r� Date of alleged violation: n 02/ 16/22 Page 1 Description of alleged violation: Describe the alleged violation that this complaint is about. If you believe the alleged violation was Intentional, please say so and Include the reasons supporting your belief. Note,. This text field has a maximum of 3000 characters, 'The Town of Brewster continues to hold Public Meetings virtually over Zoom and not In person. For the Board of Health Meeting, held on February 16, 2422, the Board opened the meeting and when it carne time for Citizens Forum, the agenda stated "To request to speak: Tap Zoom " Raise Hand " , then waft to be recognized" Before the meeting the Chairperson was told that there were members of the public logged into the meeting. Follwing the agenda's Instructlon, I clicked on the "Raise Hand" icon and waited to be called on. The chairperson, perhaps unaware how the software worked, did not acknowledge the public and passed on the Citizens Forum moving onto the next item an the agenda without calling on the public. I was awaiting to speak and became frustrated that I followed instructions as stated on the Agenda and was ignored. Thankfully, I emailed the department emali address on the Town's website and a town employee responded and she got back to me to tell me that they would let the Board know. She did so and thankfully I was allowed to speak. However, that was after a small discussion amongst the Board and town staff about whether my "raised hand" was done in a timely manner. Mind you however, there is no descrlptlon on the Agenda about when the "raised hand" is to occur. However, I Imagine that there were others that felt my frustration that the Board Chair was unable to acknowledge the public and perhaps lagged off and were riot given the opportunity to speak. If the Board met in person, this never would have happened. There is no reason why this Board cannot be meeting In person, There are numerous boards that meet in person throughout our local area. What action do you want the public body to take in response to your complaint? Nate; This text field has a maximum of 500 Characters, 1) 1 feel it is approriate that the Board Chair be property trained to acknoweldge the public during citizens forum before the next scheduled meeting of March 2, 2022, 2) The Agenda should be improved to let the public know exactly when the timing of the "raised hand" should occur. The updated guidance of June 21, 2021 states "meeting nodice must clearly specify how the public may access the meeting, whether in -parson, remote or both". The Board of Health In Brewster has failed in this regard. 3) The order allowing in person meeting expires at the end of March, it is my hope that this Board begins to meet before that. The Board's failure to meet a simple task as listenting to the public, virtually makes it clear that It is time for this Board to begin meeting In person again, so the public is given its right to speak at Public Meeting. If this Board met in person, none of this would have happened. Review, sign, and submit your complaint I. DiscjosureafYourcomplaint. Public Record. Undermost circumstances, your complaint, and any documents submitted with your complaint, Is considered a public record and will be avallable to any member of the public upon request. Publication to Website. As part of the Open Data initiative, the AGO will publish to its website certain Information regarding your complaint, including your name and the name of the public body. The AGO will not publish your contact informatlon, It. Cgnsultin.g With a Private Attorney. The AGO cannot give you legal advice and is riot able to be your private attorney, but represents the public Interest. If you have any questions concerning your individual legal rights or responsibilities you should contact a private attorney. III. Submit Your Complaint -to the Public Body. The complaint must be flied first with the public body. If you have any questions, please contact the Division of Open Government by calling (617) 963-2540 or by email to openmeeting@state.ma.us. By signing below, I acknowledrte th, I have read and understood the provisions above and certify that the information I have provided is true and correct to the be of my �o,% (edge. Signed: '� . _ _- a,,,,,February 17, 2022 V i Frrr tlse By Public Body For Use ByAGO vote Received by Public body; Date Received by AGO; Page 2 r .• -The Commonwealth of Massachusetts Office of the Attorney General One Ashburton Place Boston, Massachusetts 02108 OPEN MEETING LAW COMPLAINT FORM Instructions for completing the Open Meeting Law Complaint Form The Attorney General's Division of Open Government interprets and enforces the Open Meeting Law, Chapter 30A of the Massachusetts General Laws, Sections 18-25. Below is the procedure for filing and responding to an Open Meeting Law complaint. instructions for fiIIng a complaint: o Fill out the attached two-page form completely. Sign and date the second page. File the complaint with the public body within 30 days of the aIle ed violation. If the violation was not reasonably discoverable at the time it occurred, you must file the complaint within 30 days of the date the violation was reasonably discoverable, A violation that occurs during an open session of a meeting is reasonably discoverable on the date of the meeting. o Tv file the complaint: o For a local or municipal public body, you must submit a copy of the complaintto the chair of the ubli�is bodyAND to the municipal cleric. o For all other public bodies, you must submit a copy of the complaint to the chair of the public body. o CornpWrits maybe filed by mail, by email, or by hand. Please retain a copyfor your records. c If the public body does not respond within 14 business days and does not request an extension to respond, contact the Division for further assistance. Instructions for a public body that receives a complaint: o The chairmust disseminate the complaint to the members of the public Body. o The public body must meet to review the complaint within 14 business days (usually 20-22 calendardays). o Afterreview, but within 14 business days, the public body must respond to the complaint in writing and must send the complainant a response and a description of any action the public body has taken to address the allegations in the complaint. At the same time, the body roust send the Attorney General a copy of the complaint and a copy of the response. The public body may delegate this responsibility to an individual member of the public body, its counsel, or a staff member, but only after the public body has met to review the complaint, o If a public body requires more time to review the complaint and respond, it may request an extension of time for good cause by contacting the Division of Open Government, Once the public body has responded to the complaint: o If you are not satisfied with the public body's response to your complaint, you may file a copy of the complaint with the Division by mail, by email, or by hand, but only once you have waited for 30 days after filirig the complaint with the public body. Mail may be sent to: The Division of Open Government, Office of the Attorney General, One Ashburton Place - 20" Floor, Boston, MA 02108. Emails may be sent to: openmeetingga state.ma.us. ❑ When you file your complaintwith the Division, please include the complaint form and all documentation relevant to the alleged violation. You maywlsh to attach a coverletter explaining whythe public body's response does not adequately address you r complaint. o The Division will not review complaints filed with us more than 90 days afterthe violation, unless we granted an extension to the public body oryou can demonstrate good cause forthe delay. If you have questions concerning the Open Meeting Law complaint process, we encourage you to contact the Division of Open Government by phone at (617) 963-2540 or by email at o enmeetin state.ma.us. 0 ,cCQRpoi%0 1 ..,�5. t9 150 Town of Brewster 2198 MAIN STREET SREWSTER, MASSACEFUSETTS 02631-1898 %S a = PHONE: 508.896.3701 EXT. 1120 FAX: 508,846.4538 ,0 l�rltealtltfr Brewster-ma,gn. ,ti��• W W W.BRLW STER-MA.GaV NEW MEMBER WELCOME BREWSTER BOARD OF HEALTH Health Department Amy L. von Hone, R.S„ C.H.0. Director Sherrie McCullough, R.S. Assistant Director Tammi Mason Senior Department Assistant As a new member, you will find that getting up to speed in recognition of the challenges ahead is sometimes frustrating and always interesting. Each of us has been new once, and we encourage you to ask questions of your fellow members, attend all meetings that interest you and avail yourself of the immense resources provided by our Health Director, Amy von Hone. Amy brings 30 plus years of experience to the Town of Brewster as a Registered Sanitarian, Certified Health Officer and Registered Environmental Health Specialist. Below, you will find a list of suggestions for your "go to" enlightenment. They are web rinks ►which then seem to, magically, provide a trail of new links. We extend a warm welcome and support you in your continuing effort to help us maintain the special qualities of our town, 1. Massachusetts Association of Health Boards http://www.mahb.orq User name: Brewster Password: brewster.1 2. BU's Local Public Health Institute http://www.massiocalinstitute.Q�rg 3. Highlights of the State Sanitary Code http:I/www.sec.state.ma.us/cis/cissfsn/sfsnidx.htm 4. Brewster, MA Health Department website, Videos and minutes of our past meetings, and regulations www.brhealth�brewster-ma.gov 5. National Association of Local Boards of Health http://www.nalboh.or(V 6. Barnstable County Department of Health and Environment http://www.barnstablecountyhealth.orgl 7. Self paced course on Title 5. Invaluable tool for understanding anything septic http://learntitle5.org/ 8. Guide for Members of Public Boards and Commissions download (rnass.gov) N:WeaIth\B0H New Member ]ni'ormationNew MemNnr Welcome -doe TABLE OF CONTENTS Board of Health Regulations 1. 1/A Monitoring Regulation 2. Animal Regulations 3. Dog Waste Removal Regulation 4. Body Art Regulation 5. Residential Fuel Storage Regulation 6. OPEN 7. Outdoor Cafe Regulation S. Percolation Rate Regulation 9. Portable Toilet Regulation 10. Private Well Regulation 11. Real Estate Transfer Regulation 12. Inspection Maintenance Program Regulation 13. Pets Banned from Public Ponds, Landing, Beaches and Tidal Flats Reg 14. Small Wastewater Treatment 15. Substandard Septic System Upgrade Regulation 16. Tanning Regulation 17. Tobacco Regulation/Smoking in Workplaces & Public Spaces 18. Variance Request Regulation 15. Leaching Facility Setback Regulation 20. Water Quality Report Regulations 21. Disposal Construction Limit Regulation 22. Recycling Center Regulations 23. Zone 11 Deed Restriction Regulation 24. OPEN (rescinded BOH Dogs Banned from Drummer Boy Park reg) 25. Sand & Gravel Mining Regulation 26. Prohibiting Sale of Synthetic Marijuana 27. Septic System Betterment Regulation 28. Regulation to Establish a Special Account 29. Regulation for Modification of Compliance Order Based on Financial Hardship BOARD OF HEALTH POLICIES 36. Designation of Wetlands Conservancy District Policy 31. Board of Health policy on Single Cesspools 32. Soil & Percolation Observation Policy 33. Bedroom Definition 34, Policy Regarding Tape Recording Meeting and Access to Public Records 35. Policy on GPD usage for Massage Establishments 35. Septic System Inspection Requirement for Variance Applications Policy 37. In -House Food Permit Approvals Policy 38. Mutual Policy Agreement on Coordinated Review Procedures 39. Farmers Market Policy 40. Farmers Market Conditions 41. Policy for Closing Date for Agenda 42. Board of Health Fee Schedule 43, In -House Septic Local Upgrade Approval Policy State Regulations 44. State Sanitary Code- Minimum Standards for Fitness for Human Habitation 45. Minimum Standards and Safety Standards for Recreational Camps for Children 46. Minimum Standards for Swimming Pools, State Sanitary Code, Chapter V 47. Minimum Standards for Family Type Camp Grounds 48. Minimum Standards for Bathing Beaches 49. Licensure of Vending Machine Operators 50. DEP Title 5 Code 51. Site Assignment Regulations for Solid Waste Facilities 52. Solid Waste Regulations 53. Tanning Facilities Regulations 105 CMR 410 [mass.gov) State Sanitary Code 105 CMR 430.00: Minimum standards for recreational camps for children: State sanitau code chapter IV LMass.g_ov Minimum Standards and Safety Standards for Recreational Camps for Children 105 CMR 435.00: State sa n ita ry code cha pter V: Sanity ry standards far swimmin pools I Mass.goy Minimum Standards for Swimming Pools, State Sanitary Code, Chapter V 105 CMR 440.00: State sanitaW code chapter VI: Minimum standards for developed fa mi ly type camp grounds J Mass.gov_ Minimum Standards for Family Type Camp Grounds 105 CMR 445.000:. MINIMUM STANDARDS FOR. BATHING BEACHES STATE SANITARY CODE CHAPTER VII) _(mass._ ov Minimum Standards for Bathing Beaches Section 590.013 - Vending Machines 105 Mass. Reg. 590.013 1 Casetext Search + Citator licensure of Vending Machine Operators Mass❑LP Title 5 Septic Systems Regulations I Mass.go DEP Title 5 Code 310 CMR 16.00: Site Assignment for Solid Waste Facilities I Mass.gov Site Assignment Regulations for Solid Waste Facilities 310 CMR 19.000: Solid Waste Fa c i I ity Rea ulations I Mass. ov Solid Waste Regulations 105 CMR 123.00: Tanning facilities I Mass.go Tanning Facility Regulations Town of Brewster Website: Brewster -n a.gov Click on "Home" — at the bottom of this page is a "search window" for the whole website Click on "Departments". Then click on "Board of Assessors". Then click on "Assessor's Database". Begin search of "Assessor's On -Line Database. Can enter name, street Address, parcel ID, etc. to obtain a Property Card. Click on "Departments". Then click on "Health Department" Click on "Archives". Click on "Channel 18 Video Archives". Then switch from "Board of Selectmen" to "Board of Health". Enter "Date" and you will be able to view that Board of Health Meeting. Click on "E -Government". Then click on "GIS Maps". Enter the info. Click on 'Brewster Cade" for the town by-laws (Board of Selectmen enact) Click on "Calendar" for the town events Click on two hands on the right side of the web page under "Water Planning". Click on "Maps" on the menu bar. Click on download here, `Brewster Water Resource Atlas". https:,Ypubs.«sgs.gov/wri/1990/4086/plate-1.pdf. "Use of Ground -Penetrating Radar for Water Table Mapping, Brewster and Harwich, Massachusetts. Plate-1.pdf can be downloaded and installed on your computer. Google Maps 4 MAHB Training Material - organization of the Board Role of the Chairperson All board members have equal powers under the law -The authority of the chairman derives from the respect and trust of fellow board members. The Chair should seek to assist the board in achieving its goals through diplomacy, not dictatorship. The Chair's primary responsibility is to maintain orderly meetings and represent the board before the press and public. Health Department staff work for all board members, not just the Chair. A good chairman is respectful of fellow board members, employees and the public. It is the responsibility of board members to elect a chair who can most effectively meet these requirements. Duties: • Preside over all meetings using Roberts' Rules, or other generally accepted rules of order. ■ Facilitate discussion and decision making and encourage a team approach to problem solving within the board. ■ I Work with health director to set an agenda for meetings • Speak for the board as delegated- by the board (respond to reporters) • Represent the hoard's position to other groups - NOT the chair's personal opinion • Consult with board members who are not fulfilling their responsibilities, or are ,violating law, policy or practice • Initiate yearly evaluation -of health director, or agent ■ Initiate yearly evaluation of the board ■ Counsel and consult with the health director or agent MAU.:13 Tt aiaing 1996 MAHB Training Document - Board Organization Responsibility of Board Members • Elect a Chairman who will perform his/her duties appropriately • Attend board meetings regularly and promptly • Participate fully in open, constructive dialogue regarding local public health both in and out of meetings • Represent a broad cross-section of the community ■ Ask critical questions, seek clarity. and implications of decisions • Represent public health to the community • Speak for the board only when delegated by the board to do so • Serve as liaison between the community and the department • Demonstrate sincerity by following through and honoring commitments • Stand behind decisions .and enforce policies and regulations under the authority of the board • Inform the community of public health financial needs and support all efforts for sound financial backing • - Review all meeting materials in advance of meeting ■ Support department staff when they are criticized for performing their duties • Be active. politically concerning local public health issues • Become well-informed about matters coming before the board, about local health status indicators, and all other aspects of local public health Y Decision Faking P Boards should speak with one voice; but who's voice and mind? Much work is involved if the expression is to be a true board sentiment and not that of one or a few members. Consensus decision making is a way to incorporate everyone into the process and most of the time come up with a decision which all board members support. Boards that use consensus in their decision making sometimes move too fast. In their efforts to be of one voice they skip a valuable part of group decision- making. It is real discussion of an issue that leads to consensus rather than polarization. Open expression of ideas and feelings by all members is vital to the whole group being of one mind on an issue. When a member, for whatever reason, does not express his or her feelings and ideas the board is robbed. Consensus is not complete agreement or acquiescence. Voting can be a part of consensus decision-making and a board need not use consensus for all decisions. Consensus is an excellent way of making well -considered deliberative decisions. Reaching Consensus For boards to achieve consensus they need to: Participate as equals ■ Seek out and accommodate differences • Promote open communications • Tolerate temporary indecision or slow decision-making ■ Weigh and juggle alternatives to find win-win possibilities A board knows it has reached consensus when all board members: ■ Understand the decision well enough to rephrase it; • Speak openly about the decision; ■ Commit themselves to put aside doubts and give the decision at try. adapted from Assess. Address, sure; Association of North Carolina Boards of Health Ziniffimillo, r.5 Ambling Massachwcus Boards of 1-1cal th Throvgh Training, Technfcd Advice and DUTIES OF LOCAL BOARDS OF HEALTH IN MASSACHUSETTS The following is not intended as legal advice but as a quick and convenient summary. To avoid errors, please cheek the original source regulation or law before using these citations in an official document. For more detailed information, refer to the MAHB Legal Handbook, or the Guidebook for Massachusetts Boards of Health Local boards of health in Massachusetts are required by state statutes and regulations to perform many important and crucial duties relative to the protection of public health, the control of disease, the promotion of sanitary living conditions, and the protection of the environment from damage and pollution. These requirements reflect the legislature's understanding that many critical health problems are best handled by the involvement of local community officials familiar with local conditions. The following is a list of duties and responsibilities of local boards of health in Massachusetts. Each item includes a citation to the statute or regulation which imposes the duty or responsibility. The items have been grouped under general subject categories. Following this listing of Required Duties is a list of Additional Powers of local boards of health which extend the local board's authority over the broad range of health, sanitation and environmental problems. A. Records Recordkeeping and Re arts: 1. In cities, submit an annual report to the city council concerning the board's activities during the preceding year and concerning the sanitary conditionof the city. M.G.L. c.111, s.28. 2. Maintain numerous records and retain them for required minimum retention periods. (A list of approximately three dozen categories of board of health records and their retention periods, will be found in the Guidebook for Massachusetts Boards of Health published by the Massachusetts Association of Health Boards. Process numerous types of reports of cases of diseases. These reports are detailed in Food Borne Illness Invesd- ation and Control Reference Manual, and MAHB Guide book. Process of death certificates. M.G.L, c.46, s, l 1. B. Health. Care and Disease Control: 1. Upon request, telephone to a gas and electric utility company and certify in writing within seven (7) days of said telephone tail that there is a serious illness in a residence such that no gas or electric company shall shut off or fail to restore gas or electric service in any residence -during such time as there is a serious illness. M.G.L. c.164, s.124A; 220 CMR 25.03(2). Receive reports of cases of disease dangerous to public health. Deep records of these reports and also forward copies of these reports to the local school committee, and to other local boards in whose jurisdiction the patient resides, or may have contracted the disease, or may have exposed others, M.G.L. c.111, s.111. See 105 CMR 3 00. 100 for list of diseases required to be, reported. Report cases of dangerous diseases to the Department of Public Health within twenty- four wentyfour hours. M.G.L. c.111, x.112. See 105 CMR 3 00. 100 for a Iist of diseases required to be reported. 4. Consult with the Department of Public Health :regarding the prevention of dangerous diseases. M.G.L. c.111,s.7. Send to the Department of Public Health weekly reports of deaths due to dangerous diseases. M.G.L. c.111 s.29. 6. Receive notices of school children sent home because of dangerous disease. M.G.L. c.71, s.55A. Seethe School. Health Manual. 7. Report to the Departrnent of Public Health cases of a certain contagious disease occurring at diary farms. See 105 CMR 310.100-110 for list of such diseases required to be reported. 9. Receive reports of any inflammation, swelling, redness or wmatural discharge from the eyes of an infant less than two weeps old, and tape immediate action to prevent blindness. M.G.L. c.111, s.110. 9. Receive reports of persons afflicted with cerebral patsy, and submit an annual report of these cases to the Department of Public Health. M.G.L. c.111, s.111A. 10. Provide anti -rabic vaccine and treatment. M.G.L. c.140, a.145A,105 CMR 335. It. Supervise or carry out the disinfection of dwellings which have housed a person who has suffered from or died of a disease dangerous to the public health, M.G.L. c.l 11, s.109. 12. Receive reports of food poisoning and send these reports to the State Department of Public Health, 105 CMR 300.000. 13. Receive notices from inspectors of the Division of Qccupationl Safety regarding; violations of health laws or nuisances in industrial establishments, investigate these reports, and enforce appropriate laws. M.G.L. c. 149, s.136. C. Housing and Dwellings: 1. Enforce Chapter 11 of the State Sanitary Code: Minimum Standards of Fitness for Human Habitation, M.G.L. c.111, ss. 127A and 127B: 105 CMR 410.000. enforcement of Chapter 11 includes inspecting dwellings (upon request or upon the board's initiative) for compliance with the minimum standards, certifying violations, issuing orders, holding hearings, granting variances and instituting court proceedings if necessary to enforce such orders. 2. Enforce the State Lead Poisoning Prevention regulations. M.G.L. c.111, s.198; 105 CMR 460.000. Enforcement of these regulations includes inspecting dwellings (upon request or upon the board's initiative) for lead paint, issuing orders for removal of lead paint, and instituting court proceedings to enforce such orders if necessary. Review and approve or disapprove preliminary and definitive plans for the subdivision of land, M.G.L. c.41, ss.81S-8lV. 4. Inspect and certify public lodging houses for waterclosets, urinals, ventilation and. cleaning. M.G.L. c. 140, s.36. D. Hazardous Wastes: 1. Assign the site for a hazardous waste disposal facility as follows (M.G.L. c.111, s.150B): a. Notify the Department of Environmental Protection (DEP) of the receipt of an application to assign a site. b. Assess significance and degree of danger to public health and consider and evaluate any evidence submitted. C. Give public notice and hold a public hearing, d. Every decision of the board in assigning or refusing to assign a site must be in writing and include a statement of reasons and facts relied on. 2. Chairperson of board serves on the local assessment committee, established whenever a developer seeks to construct and operate a hazardous waste facility within the city or town. Committee has certain duties including negotiating with the developer, entering a contract, and adopting necessary rules and procedures. M,G.L. c.21D, s.5. Notify the mayor and city council or board of selectmen of the following (M.G.L. c.21C, s.4): a. Pending applications for licenses for the collection, storage, treatment, or disposal of hazardous waste, upon notification from DEP. b. Information supplied annually by DEI' identifying types and quantities of hazardous waste generated, stored, treated or disposed of within the city or town. E. Solid Waste: 1. Assign sites of sanitary landfills, refuse incinerators, waste storage or treatment plants, and refuse transfer stations, after a public hearing. Ensure that these do not present a danger to public health. M.G.L. c. 111, s. 150A. Consider and act on applications for permits for the disposal of special wastes. 310 CMR 19.16. Consider and act on applications for special permits for salvaging or recycling materials from sanitary landfill sites or refuse transfer stations. 310 CMR 19.18; 18.15(1). 4. Periodically inspect sanitary landfill sites, and provide written notice of deficiencies. 310 CMR 19.25. 5. Periodically examine and evaluate refuse transfer stations, 310 CMR 18.00. 6. Inspect and verify satisfactory completion of all corrective worly to sanitauy landfill projects. 310 CMR 19.26(3). 7. Handle requests for variances of regulations governing sanitary landfills and refuse transfer stations (forward these to DEP); keep notices of the grants of these variances 310 CMR 19.32; 18.27. 8. Keep on file an emergency plan governing emergencies occurring at a refuse transfer station. 310 CMR 18.21. F. Sotage and Garbage 1. Enforce Title V of the State Environmental Code; Minimum Requirements for the Subsurface disposal Sewage, 310.CMR 15.00. 2. Mahe rules and regulations for the removal, transportation and disposal of garbage, offal and other offensive substances. M.G.L. c.I11, s.31B. 3. issue permits for the removal or transportation of garbage, offal or offensive substances when such refuse has been collected in the city or town. Keep registry of all transporters of refuse through the city or town, and enforce local rules and regulations regarding such transport. M.G.L. c.I11, s.3 1A. G. Nuisances. 1. investigate nuisances which in the board's opinion may be injurious to health. The board shall destroy, prevent or remove such nuisances, and shall make regulations relative to nuisances. M.G.L. c.111, s.122. 2. License noisome trades M.G.L. c.111, s.1 S 1. 3, Assign location for slaughter houses or other noxious or offensive trade. M.G.L, c. t 11, s.143. H. Food: 1. Issue permits for ail food service establishments, including restaurants and food service facilities in stores, recreational camps for children, family style campgrounds, institutions, hotels, motels, schools, retail food store, mobile food units and pushcarts, etc., 105 CMR 590.052. 2, Enforce Chapter X of the State Sanitary Code: Minimum ,Sanitation Standards for Food Establishments, 105 CMA 590.000. L7nforcement includes conducting inspections, issuing orders, suspending or revolting permits where necessary. 3. Issue permits for plants whichbreak and can eggs. M.G.L. c.94, s.89. 4. License milk pasteurization plants. M.G.L. c.94, s.48A. 5. City health departments shall have milk inspectors. Town boards may appoint mills inspector. Inspectors must inspect and license unilk producers and dealers. M.G.L. c.94, s.33 and s.40. 6. Issue permits for plants that bottle carbonated non-alcoholic beverages. M.G.L. c.94, s, IOA; inspect such plants, and revolve permits where plants are found to be unsanitary or otherwise in violation of public health rules and regulations, M.G.L. 94 s.IOC; t05 CMR 574 et. Seq. Send to the Department of Public Heaith copies of all licenses, applications and half the license fees, 105 CMR 570.002. Notify each owner prior to the expiration date of each permit and close plants that fail to renew such permits, 105 CMR 570.002. M.G.L. c.94, s.1OC. 7. Register and inspect bakeries and enforce State Balcery Regulations. M.G.L. c.94, 894F; 105 CMR 550.000; 105 CMR 551,000. Furnish DPH with monthly reports of inspections, 105 CMR 550.001. 9. License plants that manufacture frozen desserts, M.G.L. c.94, s.65H; 105 CMR 551.000. 9. Inspect cold storage and refrigerated warehouses, M.G.L. c.94, s.67. 10. Enforce M.G.L. c.130, s.81 which prohibits importation of shellfish which have not been certified by a United States or foreign shellfish regulating agency. 11. Enforce statutes and regulations relative to the adulteration and misbranding of food, M.G.L. c.94, ss. 196-195. 1. Pools and Beaches: I. Enforcement Chapter V of the State Sanitary Code: Minimum Standards for Swimming Pools, 105 CMR 435.000. Enforcement includes issuing annual permits, conducting examinations, issuing orders, holding hearings, granting variances, taking water samples. 2. Enforce Chapter VII of the State Sanitary Code: Minimum Standards for Bathing Beaches, 105 CMR 445,000. Enforcement includes issuing annual licenses, approving plans for new or altered beaches, issuing orders, holding hearings, granting variances, receiving reports of accidents, taking water samples. Prohibit swin-ening in water that fails to meet proscribed standards for bathing, 105 CMR 445.10 (-3). 4. Review plans for new or altered bathing beaches, 105 CMR 445.16. Caines, Motels and Mobile Home Parks;_ I . inspect all recreational camps for children and family style campgrounds, motels, mobile home parks and cabins; and annually issue licenses for these facilities, M.G.L. c.140, ss.32B and 32C. Send copies of family style campground permits to the Department of Environmental Protection. 2. Enforce Chapter VI of the State Sanitary Code: Minimum Standards for Developed Family type Campgrounds, 105 CMR 440.000. Enforcement includes conducting examination; issuing orders; issuing, suspending and revoking licenses; holding hearings; granting variances. 3. Enforce Chapter IV of the State Sanitary Code: Sanitary Standards for Recreational Camps for Children, l05 CMR 430.000. Enforcement includes inspection, issuing orders and licenses, conducting hearings, granting variances. K. Miscellaneous: 1. Pesticides a) Local boards may make reasonable health regulations regarding pesticides provided such regulations are not inconsistent with the Massachusetts Pesticide Control Act, M.G.L. c.132B or state regulations, 333 CMR 2.00. Wendelly. AttorneyGenea�al 476 NE 2nd 585, 394 Mass 518 (1985). For example, a city or town may want to give its board of health an opportunity to determine whether the proposed application of pesticides in particular locations would be consistent with the products labeling or other restrictions imposed by the Department, Wendell v. Attorney Generalsu ra394 Mass at 528, b) Receive public notice of the application of herbides from applicants that intend to maintain a right of way by the application of herbides. 333 CMR 11.07. 2. Nominate animal inspectors, M.G.L. c.129, s.15. License massage parlors, M.G.L. c.140, s.5 L 4. Issue burial permits, M.G.L. c. 14, s.45. License and .if -necessary revoke licenses for funeral directors. Transmit to the board of registration in embalming names and addresses of all licensees, M.G.L. c.114, s.49. 6. Approve location of cemeteries, M.G.L. c.114. s34, Retain charge of any case arising under M.G.L. c.111 in which the beard has acted, M.G.L. c.I1I, s.32. Enforce all local health regulations promulgated pursuant to M.G.L. c.1l 1., 01. 3. Smoldu I. Receive written complaints regarding the will failure or ,refusal to comply with the Indoor Clean Air Act regarding restaurants, supermarkets or retail food outlets. M.G.L. c.270 s.22. 2. Inspect the area described in the complaint and enforce no-smokiug laws. M,G.L. c.270 s.22. Provide written response to complainant within 15 days and send copies of the complaint and response to DPH. M.G.L. c.270 s.22. ADDITIONAL POWERS AND AUTHORITY OF LOCAL BOARDS OF HEALTH IN MASSACHUSETTS Local boards of health in Massachusetts have historically played a crucial role in the protection of public health, promotion of sanitary living conditions and protection of the environarent. In recognition of the impot-tance of local leadership and action in these areas, the legislature has enacted over the years numerous statutes which authorize and thereby encourage local boards to be responsible for dealing with the broad range of health, sanitation and environmental problems at the local community level. The following is a list of statutes which grant additional powers and authority to local boards of health, Each time includes a citation to the appropriate statute. The items have been grouped under general subject categories which parallel, where possible, the categories in the prior lists of required local activities. A. General Health Protection and Regulation: 1. Adopt and enforce any reasonable health regulations. M.G.L. c.111, s.31. 2. Issue an order reciting the existence of an emergency and requiring that such action be taken as the board deems necessary to meet the emergency. State Sanitary Code, Chapter 1, 105 CMR 400.200(B), pursuant to M.G.L, c. 111, s. 127A; and State Environmental Code, Title 1, 310 CMR 11. 05(l), B. Health Care and Disease Control: Direct the operation of and adopt rules for city and town medical dental and health clinics, M.G.L. c.111, s.50 and hospitals, M.G.L. c. i 11, s.92. 2. Require vaccination of inhabitants of the city or town. M.G-T.L. c.I 11, s.1 S 1. 3. Order the fluoridation of public water supplies. (This order may be overturned by a referendum vote.) M.G.L. c,111, s.SC. 4. Appoint school physicians, M.G.L. 01, s.53. 5. In cities, and in towns with a population greater than ten thousand, establish public sanitary stations. M.G.L. c.l 11, s.33. 6. Isolation and quarantine of individuals and property relative to cominunicable disease Chapter 111 sections 92-121A C. Housing and Dwellings: i. Condemn a dwelling which is unfit for human habitation, order the occupants to vacate, order the owner to clean the dwelling or tear it down (or the board may itself clean or tear down). M.G.L, c.111, s.127B. D. Nuisances: Condemn all nuisances; clean or tear down a nuisance. M.G.L. c.l 11, s. 128. E. Food: 1. Inspect and condemn all unfit meat, fish vegetables, produce, fruit or provisions of any bind. M.G.L.. c.94, s.146; 1,05 CMR 590.059. 2, Adopt and enforce regulations relative to the keeping and exposure of food for sale. M.G.L. c.94,2.146. 3. Adopt and enforce regulations for bakeries and close bakeries found unfit for the production of handling of food or dangerous to the health of its employees, M.G.L. c.94 s.913 -9M, 105 CMR 550.14. 4. In towns, appoint inilk inspectors. (City boards of health are required to appoint milk inspectors.) M.G.L. c.94, s.33. 5, Adopt -bacterial standards for milk which are stricter- than. the standards adopted by the Department of Public Health M.G.L. c.94, s.13E. . 6. Upon determination that drinking water- in a dwelling or food service establishment is unsafe, order discontinuance of use or order provisions of a new source. M.G.L. c.111, s. 122A. F. Miscellaneous. 1. Adopt and enforce regulations to control air pollution. M.G.L. c.111, s.31 G. INSPECTION TIMETABLE FOR BOARDS OF HEALTH The following list describes the majority of inspections Boards of Health are required to perform. It is not intended to be a comprehensive formal listing of all inspection requirements. 1) Food Establishments 105 CMR 590.000, State Sanitary Code Chapter X -Inspect food establishments every six months. 2) Bathing Beaches 105 CMR 445,004, State Sanitary Code Chapter VII --Inspect accredited bathing beaches twice during operating season. -Take water samples twice monthly from accredited bathing beaches during bathing season. .-Periodically inspect no accredited beaches to determine compliance with physical and bacteriological water quality standards. 3) swimming Pools 105 CMR 435.000, State Sanitary Code Chapter V -Inspect periodically and before issuing annual permit. -Take samples of swimming, wading or special purpose pool water for bacteriological analysis . prior to its opening. . 4) Family Type Campgrounds 105 CMR 440.000, State Sanitary Code Chapter VI -Inspect periodically with the exception of those operated by the Commonwealth. -Renew license annually if inspection reveals compliance with the provisions of the code. 5) Recreational. Camps for Children 105 CMR 430.000, State Sanitary Code Chapter IV -Inspect yearly and issue license annually if found to be in compliance with requirements of the code. Other town inspectors also must approve for license. Board of Health may also inspect at any time if there is reason to believe that a violation or violations of this chapter exist or upon request or complaint for any reason. 6) Subsurface Disposal of Sanitary Sewage 105 CMR I5.00, State Euvirommentai Code Title 5, -Inspect the installation of all sewage disposal systems. -Witness percolation tests, deep observation holes, and perform site examinations for each system. 7) Housing (Human Habitation) 105 CMR 410.000, State Sanitary Code Chapter II Inspect a dwelling or dwelling unit upon receipt of a written, oral or telephone request. Refer to code for specific timetable requirements. 8) Cabins, Motels and Mobile Home Parks M.G.L. Chapter 140, Section 32B, 32C -Inspect periodically and renew licenses annually, of inspection reveals compliance with applicable regulations. 9) Disposal of Solid Waste by Landfill 310 CMR 19.00, State Environmental Code Periodically examine and evaluate sanitary landfills. STATE REGULATIONS COMMONLY USED BY LOCAL BOARDS OF HEALTH MASS. DEPT. OF PUBLIC HEALTH: THE STATE SANITARY CODE 105 CMR 300.00 Reportable Diseases and Isolation and Quarantine Requirements 105 CMR 400.000 General Administrative Procedures 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation 105 CMR 430.000 Minimum Sanitation and Safety Standards for Recreational Camps for Children 105 CMR 435.000 Minimum Standards for Swimming Pools *(310 CMR 12.00) 105 CMR 440.000 Minimum Standards for Developed Family type Camp Grounds x`(310 CMR 14.00) 105 CMR 445.000 Minimum Standard for Bathing Beaches *(310 CMR 17.00 105 CMR 460.000 Regulations for Lead Poisoning Prevention and Control 105 CMR 590.000 Minimum Sanitation Standards For Food Establishments *Regulations which were previously available under asterisked D.E.P. CMR numbers. (State Legislature transferred to MDPH FY87) 310 CMR 15.00Title 5 Minimum Requirements for Subsurface Disposal of Sanitary Sewage 310 CMR 19.00Disposal of Solid Waste by Sanitary Landfill PRICE LIST 105 CMR 400.000 through 419.000 (in one publication) $ plus postage 105 CMR 420.000 through 499.000 (in one publication) $ plus postage 105 CMR 590.000 through 595.000 $ plus postage 310 CMR I I,00 through 17.00 $ plus postage 310 CMR 18.00 through 21.00 $ plus postage NOTE: Any single regulation may be purchased separately. ABOVE ARE AVAILABLE FROM: Secretary of Skate Bookstore at these locations: State House State House West First Floor, Room 1.16 436 Dwight Street Boston, MA 02133 Springfield, NLA 01103 1-517-727-2834 1-413-784-1376 check number THIS IS A GUIDE ONLY... Update: Mar. 2003 Charlie Kaniecki, M.D.P.H. District Health Officer MASSACHUSETTS GENERAL LAWS FRE UENTLY USED BY LOCAL HEALTH OFFICIALS The following are cited in the Manual of Laws Relating to Public Health: Chapter Section Description old. Page 40 54 Restrictions on Issuance of building Permits 347 Availability of Water Supply 41 23 Rescission of vote by select -nen; election of other officers, 367 tenure, etc. 41 81U Subdivision Control Act: Board of health authority 389 79A 13 Enforcement of state sanitary code; displacement of persons; 507 moving expenses; state financial assistance; reports 111 31 Health regulations; publication; violation 881 111 122 Regulations relative to nuisances; examinations 947 111 125A Review of order adjudging the operation of a farm to be a 949 nuisance 111 127B Dwellings unfit for human habitation; order to vacate or to 951 abate nuisance; removal of occupants; demolition expense, lien; inspection reports, code violations; notices, enforcement proceedings, jurisdiction; appeal 111 131 Compulsory examination of premises; complaint; warrant 963 111 141 Application to county commissioners from refusal or neglect 966 of board to abate nuisance; heaving notice 111 188 Disposition of fines and forfeitures 993n 129 14B Feeding garbage to swine; definitions; permit; application; 1315 revocation; processing of garbage; inspection of premises; entry; record 140 51 Massage; baths 148 25B Buildings used for human habitation; use of space heaters 1481 188 14 Wrongful acts of lessor or landlord of buildings or premises occupied for dwelling or residential purposes; criminal penalties; civil remedies; jurisdiction; sections applicable to acts of reprisal, waiver in leases or rental agreements prohibited. 218 26 District Courts — Criminal Jurisdiction (General Provisions) 1576 1422 1563 Assisting Massachusetts Boards of Health through training, technical assistance and legal education Manual of Laws and Regulations Relating to Boards of Health June 2016 Massachusetts Association of Health Boards' update of the Manual of Laws and Regulations originally created by the Massachusetts Department of Public Health 250 Washington Street Boston, MA 02108 Table of Contents PART I. INTRODUCTION PART 11, GENERAL ORGANIZATION & AUTHORITY Page 3 4 A. CREATION AND GENERAL AUTHORIZING STATUTES.._.. ....... .............................._............................4 B. - REGIONALIZATION PART III. DISEASE PREVENTION AND CONTROL 5 A. DISEASES DANGEROUS TO THE PUBLIC HEALTH............................................................................ 5 B. SERVICES TO THE COMMUNITY....................................................................................................... 5 C. HEALTH CLINICS AND HOSPITALS.................................................................................................... 6 D. ISOLATION AND QUARANTINE ............................... ............................ ................................... ,............ 6 E. VACCINATIONS................................................................................................................................. 6 F. DISEASE CONTROL ...... ................................................. ....._................ ......... ........... .............. :.......... 6 PART IV. STATE SANITARY CODE ENFORCEMENT 7 A. CHAPTER I: GENERAL ADMINIS,fRATIVE PROCEDURES................................................................ 7 B. CHAPTER II: HOUSING,.... ... ......................... ............................... ............................................ "... 7 C. CHAPTER III: FARM LA13OR CAMPS................................................................................................ 7 D. CHAPTER IV: RECREATIONAL CAMPS FOR CHILDREN.................................................................. 9 E. CHAPTER. V: PUSLICISEMI--PUBLIC SWIMMING POOLS................................................................. 8 F. CHAPTER VI: FAMILY TYPE CAMP GROUNDS.............................................................................. 8 G. CHAPTERVII: BATHINGBEACHES.................................................................................................9 H. CHAPTER VIII: MEDICAL OR BIOLOGICAL WASTE......................................................................... 9 I. CHAPTER X: RETAIL FOOD ESTABLISHMENTS .............. :... ............................................................ 9 J. CHAPTER XI: INDOOR SKATING RINKS.........................................................................................10 K. LEAD POISONING PREVENTION......................................................................................................1'0 PART V. . FOOD PROTECTION LAWS AND REGULATIONS 11 A. EG GCS...............................................................................................................................................11 B. DAIRY/MILK............................. ................ .......................................... ............ ........................ ......... 11 C. BOTTLED WATER AND NON-ALCOHOLIC BEVERAGES...................................................................11 D. BAKERIES AND BAKERY PROI3UCTS .... ......._................ E. FROZEN DESSERTS AND FROZEN DESSERT Mix.... ...................... ................ - .... ........................ F. COLD STORAGE AND REFRIGERATED WAREHOUSES..............:.....................................................1I G. SEAFOOD AND SHELLFISH..............................................................................................................12 H. SAMPLING OF FOOD ...................................... ......................... ,............... ..,...................................... 12 I. SEIZURE OF FOOD .......... .....:... ............................................................................. ............ ---- ...... 12 J. SLAUGHTER HOUSES...................................................................... .............................12 K. FARM PRODUCTS AND OTHER EMERGING FOOD ISSUES..............................................................12 PART Vi. MOTELS, MOBILE HOME PARKS, AND PUBLIC LODGING PLACES 13 PART VII. ENVIRONMENTAL PROTECTION: 14 A. HAZARDOUS AND SOLID WASTE.....................................................................................................14 B. SEPTAGE AND GARBAGE.14 ............................................................................................ C. AIR POLLUTION...............................................................................................................................14 PART VIII. MISCELLANEOUS IE A. PESTICIDES .......................... ............ ... ........ ............................ -........................................................ 15 B. NUISANCES.....................................................................................................................................15 C. NOISOME AND NOXIOUS TRADES.............................:.....................................................................15 D- ANIMAL INSPECTORS......................................................................................................................15 E. USE OF TRAPS ...............................................................................................................................15 F. VAPOR, POOL, SHOWER OR BATH HOUSES..................................................................................16 G. DEATH CERTIFICATES AND BURIAL PERMITS.................................................................................16 H. FUNERAL DIRECTORS.....................................................................................................................16 I. LOCATION OF CEMETERIES............................................................................................................16 J. RETAIN CHARGE OF CASES..................................:..................:...................................................:..16 K. ENFORCEMENT OF LOCAL HEALTH REGULATIONS ........................................................................16 L- TANNING FACILITIES.......................................................................................................................16 M. SMOKING.........................................................................................................................................16 N. SUBDIVISION OF LAND ..................................................................... ......................................16 O. FLUORIDATION................................................................................................................................16 P. DRINKING WATER...........................................................................................................................16 Q. SCHOOL PHYSICIANS AND NURSES................................................................................................16 R. PUBLIC SANITARY STATIONS..........................................................................................................17 PART 1. INTRODUCTION Local boards of health in Massachusetts are required by state and local laws and regulations to perform many critical duties related to the protection of public health. These duties cover a wide range of public health control and prevention activities, including. disease surveii[ance; the promotion of sanitary conditions in housing, recreational facilities, and food establishments; elimination of nuisances; the protection of the environment; and numerous other responsibilities. These requirements reflect the principle that many critical health problems are best handfed by local officials famillar with local conditions. This manual, originally published by the Massachusetts Department of Public Health pursuant to Chapter 111, section 24, of the Massachusetts General Laws was updated by the Massachusetts Association of Health Boards (MAHB). It is available for download from the Department's website at www.mass.gov/dph and at www.mahb.org. Its purpose is to provide a broad overview of the various responsibilities of local boards of health in Massachusetts and to serve as a tool for local officials to quickly reference state laws and- regulations relevant to their work. As such, it contains only a brief summary of the relevant laws and regulations. More detailed guidance for local boards of health is contained in the Guidebook for Massachusetts Boards of Health -and The Legal Handbook for Massachusetts Boards of Health published by MAHB. When accessing this manual on a computer with internet access, readers may review any cited law, regulation, or document by simply clicking on the highlighted link shown the first time a statute, regulation, or document is cited, Throughout this document, local boards of health are referred to as either "boards of health" or "boards." Unless . otherwise specified, these terms include local departments of health, public health commissions, and regional health districts. "Department" means the Massachusetts Department of Public Health, unless otherwise indicated. This manual may be updated period[cally'to reflect changes in laws and regulations relating to local boards of health. Every effort has been made to ensure that the information contained in this manual is accurate and up-to-date as of the date it is published. 'However, the information is provided as guidance only and should not be relied upon as legal advice. Links to statutes and regulations are provided for the convenience of the users of this manual. These links are not the official versions of the statutes or regulations and should not be relied upon as legally binding requirements. Official versions of the laws and regulations cited in this manual are available from the Secretary of the Commonwealth's State Publications and Regulations Division, through the State Bookstore. For a copy of an official version, contact the State Bookstore in Boston at (617) 727-2834. Page 3 PART II. General Organization & Authority A. Creation and General Authorizing Statutes The general structure; powers, and duties of local boards of health are found at M.G.L. c. 111, s.26-33. Boards of Health, in Towns, may be appointed by the Selectmen or the Selectmen can act as a Board of Health. M.G.L. c. 41, s. 102B. Boards have authority to adopt and enforce reasonable health regulations under M.G.L. c.111, s.31. Case law upholds boards' authority to adopt regulations that are more restrictive than state standards so long as the local regulations do not conflict with state law,.are not specifically preempted and have a rational basis for enactment. B. Regionalization Boards of health and municipal health departments may form a district to jointly hire a health officer, assistants and clerks who serve more than one municipality. M.G.L. c. 114, s, 27A but retain their own separate boards of health. Section 27B provides the framework for boards of health to create a regional health district with a reg ion at board of health for the purpose of enhancing health services, providing efficient use of resources, and receiving certain grants. M.G.L. c. 111 s.27B. In addition, pursuant to M.G.L. c. 46, sAA, municipalities may enter into inter municipal agreements for the purposes of sharing the costs of health services without forming any formal reglonal entity, Regionalization agreements are technical legal documents that need to be carefully and specifically drafted with input from counsel for each of the participating citiesltowns. For example, agreements need to be specific and detailed about whether, and under what circumstances, individual citiesltowns retain direction and control over their public employees even when the employees are performing duties in another- town and who is liable for the actions of such employees. Many other legal issues need to be addressed by cityltown attorneys in regiornalization agreements. Participation 1n a regional district requires approval from the city or town governing body as well as the participating boards of health. Page 4 PART Ill. Disease Prevention and Control A. Diseases Dangerous to the Public Health The protection of health and disease control are important duties and responsibilities of local boards of health. Upon receiving information about the existence of a dangerous disease within the Commonwealth, the Massachusetts Department of Public Health ("DPH") must commence an investigation and consult with the local boards of health. M,G.L. c. 111, s. 7. If a hoard of health receives notice of the existence of a dangerous disease in its jurisdiction, it must report such case to DPH within twenty-four hours, M.G.L. c. 111, s. 112-113. A list of -the diseases required to be reported can be found in the Massachusetts regulations Reportable Diseases, Surveillance, and Isolation and Quarantine Requirements, 105 CMR 300.000. Boards of health must maintain records of such reports and forward copies to local school committees as well as other local boards within the jurisdiction of where the disease exists. M.G_L. c.111 s.113. Reports of deaths from dangerous diseases must be reported weekly to the Department of Public Health. M.G.L. c. 111, s. 29. Superintendents of schools must report and send notices to Boards of Health of school children sent home because of dangerous disease. M.G.L. c. 71 s. 55A. See also the School Health Manual. Nurses caring for infants must report to Boards of Health any inflammation, swelling, redness or unnatural discharge from the eyes of an infant less than two weeks old, and the Board of Health is required to take immediate action to prevent blindness. M.G,L. e. 111's. 110. Physicians and hospital officers are required to submit to Boards of Health reports of people afflicted witty cerebral palsy. Boards must submit an annual report of these cases to the Department of Public Health. M.G.L. c.111, s.111A. Boards collect reports of food poisoning, which must be reported to the Department of Public Health. 1.05 CMR 300.104, 105 CMR 300.131. Boards receive reports of inspections by the Division of Occupational Safety regarding violations of health laws or nuisances tri industrial establishments. Local boards must investigate these reports and enforce appropriate laws. M.G.L. c.149, s_136. The Department of Public Health have co-ordinate powers with local boards of health to investigate contagious or infectious diseases. M.G.L. c. 111_, s. 7. B. Services to the Community: Boards of health must provide the following services to the community: ■ Certify 1n writing within seven (7) days�to a gas or electric company when there is a serious illness in a residence such that no gas or electric company shall shut oft a fail to restore gas or electric service 1n any residence during such time as there is a serious illness. M.G.L. c.164 s.124A; 220 CMR 25.03 2 . ■ Provide anti -rabic vaccine and treatment. M.G.L. c.140 s.I45A, 105 CMR 335.000. Page 5 + Supervise or carry out the disinfection of dwellings which have housed a person who has suffered from or died of a disease dangerous to the public health. M.G.L. c. 111, s. 109. ■ Certify to the department of Public Health persons with active tuberculosis who are unwilling or unable to accept proper medical treatment and pose a threat to public health. M.G.L. c. 111, s. 94A. • Provide outpatient nurse case management services to individuals with tuberculosis. M.G.L. c. 111, s. 94H; M.G.L. c. 111, s. 9 ; 105 CMR 365.004. C. Health Clinics and Hospitals Boards may direct the operation of, and adopt rules for, city and town dental and medical health clinics. M.G.L. -c. 111, s. 50. Boards may establish one or more hospitals for the reception of individuals with diseases dangerous to public health. M.G.L. c. 111 s. 92. D. Isolation and Quarantine Boards may direct the isolation and quarantine of individuals, animals, and property relative to communicable disease and maintain isolation hospitals to prevent the spread of infection. M.G.L. c. 111 s. 92-105 116. Boards enforce the isolation and quarantine regulations found at 105 CMR 300.200. E. Vaccinations Boards may require vaccination of inhabitants of the city or town. M.G.L. c. 111, s,181. F. Disease Control Boards may issue permits for removal of infected dead bodies. M.G.L. c. 111 S. 107. The may direct the removal of sick prisoners to hospitals. M. G. L. c. 111 s. 108. Page 6 PART IV. State Sanitary Code Enforcement The State Sanitary Code is a series of public health regulations promulgated by the Department of Public Health that specify minimum sanitation standards. The regulations are authorized pursuant to M.G.L. c. 119 , s. 1 27A. They are organized as separate regulations but are listed as chapter of the State Sanitary Code. Boards of health have primary enforcement authority over most State Sanitary Code regulations, In extraordinary circumstances, the State Department of Public Health has the power to enforce the State Sanitary Code in like manner as boards of health if a board fails, after notice and a reasonable period of time, to enforce the code. With limited exceptions, the State Sanitary Code applies to all persons and businesses within the Commonwealth of Massachusetts. The Code does not apply to federally owned facilities and does not apply when specifically exempt by statute. The following is a }grief description of each chapter of the State Sanitary Code that boards of health are responsible for enforcing. A. Chapter f: General Administrative Procedures Chapter] of the State Sanitary Code, 105 CMR 403.403 entitled "General Administrative Procedures" sets forth procedures that are applicable to the administration and enforcement of all chapters of the State Sanitary Code, Unless otherwise specified in a specific chapter of the State Sanitary Code, the genera[ administrative procedures set forth the requirements for inspections, enforcement, hearings, judicial review, penalties, and variance procedures for each chapter of the State Sanitary Code. Boards have authority under these general provisions to issue orders declaring the existence of an emergency and requiring that such action be taken as the board deems necessary to meet the emergency. State Sanitary Code, Chapter I, 105 CMR 400.200 (B), pursuant to M.G.L. c.111, s.127A; and State Environmental Code, Title I, 310 CMR 11.05(1 ). B. Chapter ll: Housing Chapter Il of the State Sanitary Code, 105 CMR 410.000: Minimum Standards of Fitness for Human Habitation (state Sanitary Code, Chapter Il), sets forth the minimum standards for housing in the Commonwealth. The purposes of this chapter are to protect public health, safety, and the well-being of occupants and the general public and to provide enforcement procedures for local boards of health. Except as specified in this Chapter, the housing code applies to all types of housing, including single and multi- family dwellings, rooming houses, dormitories, and temporary housing. Local boards of health are required to enforce all aspects of the housing code, including conducting inspections upon their own initiative or upon request, issuing correction orders, and enforcing compliance. If the board determines that a dwelling has become a nuisance, is unfit for human habitation, or may be a cause of sickness or accident to the occupants or the public, the board may issue a written condemnation order requiring the occupants to vacate, requiring the premises be put in a clean condition, or torn down, and require compliance with the regulations set forth 1n the code or adopted by the board of health. M.G.L. c. 111 s. 127B. A board must certify violations and eriforce the provisions of the Sanitary Code. It may also grant variances in accordance with 105 CMR 410.840. C. Chapter ill: Farm Labor Camps Page 7 Housing and sanitation standards for farm labor camps for the housing of temporarylmigratory farm workers are governed by Chapter Ill of the State Sanitary Code. 105 CMR 420.000. Farm labor camp regulations are enforced by the State Department of Public Health, but local boards may be notified concerning farm labor camp issues in their community. 0. Chapter IV: Recreational Camps for Children Chapter 1V of the State Sanitary Code, 105 CMR 430.000: Minimum Standards for Recreational Camps for Children (State Code, Chapter IV), sets forth the minimum - housing, health, safety and sanitary protection standards for children in the care of recreational camps operating in the Commonwealth. Recreational camps for children must be licensed by local boards of health in order to operate. M.G.L. c.140 s.32B. Certain types of recreational programs are exempt (see definition of recreational camp for children in 105 CMR 430.020 for list of exemptions). A board of health must inspect each camp facility before granting a license for the upcoming year. The Department of Environmental Protection must be notified of the grant of such license so that they may inspect both water and sanitary facilities. Boards have the authority to grant variances. Variances must be submitted to the Department of Public Health, but are not subject to Department approval. Local boards have the authority to adopt, alter or amend rules and regulations to enforce M.G.I.. c.140 s.328, provided that they do not conflict with the State Sanitary Code. E. Chapter V: Public/Semi-Public Swimming Pools Chapter V of the State Sanitary Coda, 105 CMR 435.000: Minimum Standards for Swimming Pools (State Sanitary Code, Chapter V), sets forth the minimum standards for health and safety of swimming, wading, and special purpose pools operated in the Commonwealth. it does not apply to private residential pools. Boards of health are required to inspect and issue annual permits to operate a swimming, wading or special purpose pool. Boards may grant variances to 105 CMR 435.000 subject to Department approval. Except in cases of emergencies, no variance approved by a board may go into effect until the Department has approved it, or after 30 days if the Department fails to comment on the variance. The Virginia Graeme Baker Pool & Spa Safety Act is a federal law designed to prevent serious injuries and fatalities associated with suction entrapment in pools and spas. While it Is enforced by the federal Consumer Product Safety Commission, the Department of Public Health has adopted these requirements as part of 105 CMR 435.000. The specific requirements are available from the Department's website: http:IJwww.mass.govlEeahhs2ldocsld hlenyiranmentalJsanitationl ool federal requirem ents. df F. Chapter VL• Family Type Camp Grounds Chapter V1 of the State Sanitary Code, 1105 CMR 440.000: Minimum Standards for Developed Family Type Camp Grounds (State Sanitary Code, Chapter VI), provides minimum health and safety standards for camp ground facilities used for recreational camping or group activities. Boards of health license family type campgrounds pursuant to M.G.L. 040 s.32B, and the Family Type Camp Ground regulations. A hoard may . grant variances toll 05 CMR 440.000 subject to Department approval. Except in cases of emergencies, no variance approved by a board may go into effect until the Department of Public Health has approved it, or after 30 days if the Department fails to comment on the variance. Page 8 G. Chapter Vill, Bathing Beaches Chapter VI l of the State Sanitary Code, 105 CMR 445.000: Minimum Standards for Public Bathing Beaches (State Sanitary Code, Chapter VII), sets forth minimum requirements for the operation of bathing beaches in the Corn monwealth. These reguiations are authorized by the State Sanitary Code aswell as, M.G.L. c. 111, S. 55. These regulations apply to state and local agencies as well as beaches operated by semi-public operators (e.g., motel, country club, or neighborhood association beaches), but not to privately owned beaches. Private beaches are those that are not considered public or semi-public beaches, as defined in 105 CMR 445.010. The purposes of these regulations are to protect the health, safety and well-being of the users of bathing beaches, to establish acceptable standards for bathing water quality, and to establish procedures for informing the public of any bathing water closures. Boards of health must license beaches pursuant to M.G.L. c. 111, s. 5S, and the bathing beach regulations. A hoard of health may grant variances to 105 CMR 445.000 for any beach not operated by the Commonwealth subject to Department approval. All variances granted or denied by a board of health must be made in writing and shall be posted 30 days following its issuance. Approval is presumed if the Department does not respond within 45 days. H. Chapter Vill: Medical or Biological Waste Chapter VI 11 of the State Sanitary Code, 105 CMR 480.000: Minimum Requirements for the Management of Medi cal or NoiogicaI Waste (State Sanitary- Code, Chapter VI 11), sets forth the minimum requirements for the storage, treatment, disposal and transportation of medical or biological waste. The purpose of the regulations is -to safeguard the pudic and workers from potential health risks associated with the improper storage, management, treatment, and disposal of medical and biological waste. The regulations specify the requirements to store medical or biological waste prior to treatment or shipment off-site for treatment. As authorized by M.G.L. c. 94C s. 27A, agencies as well as businesses may establish sharps collection centers. Standards for the coliection and management of sharps by sharps collection centers are set forth in 105 CMR 480.135. In addition, the regulations specify approved disinfection methods, disposal options, packaging, labeling and shipping requirements, and tracking and documentation procedures. Except for medical waste generated in a licensed health care facility, a. board has the authority to inspect facilities that generate medical or biological waste as is necessary for the protection of the public health. In a community that collects and manages home sharps, the board must inspect all sharps collection centers and kiosks prior to operation. The board must notify the department within thirty days Iof inspection of the location and address of the sharps collection centers and kiosks. M.G.L. c. 94c s. 27A. Boards may also enforce these regulations through their authority to abate nuisances. 1. Chapter X: Retail f=ood Establishments Chapter X of the State Sanitary Code, 105 CMR 590.000 entitled "Minimum Sanitation Standards for Food Establishments" (State Sanitary Code, Chapter X), sets faith the minimum requirements to operate a retail food establishment in the Commonwealth. Boards are authorized to issue permits for the operation of retail food establishments, including markets, temporary food events, caterers, food vendors, home kitchens that are part of a bed and breakfast operation, food pantries, and other charitable and/or church operated food events. Page 9 Boards are responsible for inspecting retail food establishments, issuing orders, and under certain circumstances suspending, revoking or not renewing permits or denying an application for an initial permit. Specific grounds for these enforcement actions are found at 105 CMR 590.012. Boards may use ticketing procedures in the enforcement of sanitation standards if the municipality has adopted M.G:L. c. 40, s. 21 D as an ordinance or by-law. Food inspectors should be well trained and knowledgeable. Knowledgeable is evidenced by taking a toad safety inspection training course accredited by DPN and passing a professional food safety test tested based on such training or by being a registered sanitarian or certified health officer who has completed food safety training recognized by DPH. Training and continuing education is available through the Massachusetts Health Officers Association. At the time a permit is initially issued, the local board of health should provide the permit holder with instructions for how to obtain a copy of 105 CMR 590.000 as well as a copy of the federal 1999 Food Code so that the permit holder is on notice of compliance requirements and the conditions that must be met for retention of the permit. J. ChapterXI: Indoor Skating Rinks Chapter X1 of the State Sanitary Code, 105 CMR 675.000. Requirements to Maintain Air Quality in Indoor Skating Rinks (State Sanitary Code, Chapter XI), describes requirements to ensure the maintenance of safe and appropriate indoor air quality in ice skating rinks that utilize ice resurfacing equipment powered by combustible fuels which produce carbon monoxide or nitrogen dioxide. The purpose of the regulations is to prevent adverse health effects, particularly to children, from exposure to combustion products in enclosed indoor ice rinks. Local boards are responsible for enforcing 105 CMR 675.000, except with regard to state operated facilities. A board may revoke or suspend a certificate with notice for failure to comply with 105 CMR 675.004. Boards may also grant variances. K. Lead Poisoning Prevention While not a chapter of the State Sanitary Code, the lead poisoning prevention statutes and regulations relate to housing conditions and authorize the enforcement of violations pursuant to the State Sanitary Code. Upon receiving a report of a lead poisoned child or upon the request of the occupant, the board must inspect residential premises constructed before 1978 in which a child under six resides for compliance with the State Lead Poisoning Prevention law and regulations. M.G.L. c,1'11, s.189 - s.199A and 105 CMR 460.000. Also, the board must inspect for lead any time it conducts a Sanitary Code inspection in such premises. Judicial proceedings must be initiated to enforce compliance in accordance with the timelines set forth in 105 CMR 560.000. Page 10 PART V. Food Protection Laws and Regulations In addition to the requirements in the retail food establishment regulationst9f 5 CMR 59D.0001, Massachusetts has numerous other statutes and regulations that place requirements on local boards of health related to food safety, food security, and consumer protection. other general food regulations are found at 105 CMR 519.004 entitled "Standards of Identity and Definitions of Purity and Quality of Food," 105 CMR 515.000 entitled "Action Levels for Poisonous and Deleterious Substances in Food," and 105 CMR 520.000 entitled "Labeling." Other statutes related to food are as follows: A. Eggs Local Boards of Health issue permits for establishments for breaking and canning eggs. M.G.L. c. 94, s.89 -92A. B, Dairy/Milk The law covering pasteurization plants, which are licensed by boards, is found at M.G.L. c. 94, s. 48A and the regulations entitled "Milk, Milk Products, and Milk Pasteurization Plants" are found at 105 CMR 541.000. Other laws related to milk and dairy products, such as butter, cream, and cheese, are found at M.G.L. c. 94 s. 12-63. Boards may adopt bacterial standards for milk which are stricter than the standards adopted by the Department of Public Health. M.G.L. c. 94 s. 13E. City health departments shall have milk inspectors. Town boards may appoint a mills inspector. Inspectors must inspect and license milk producers and dealers. M.G.L. c. 94, s.33 and s.40. C. Bottled Water and Non -Alcoholic Beverages - Boards of health issue permits to facilities within the Commonwealth in the business of bottling or manufacturing water and/or non-alcoholic beverages. M.G.L. c. 94 s. IOA- 1 OG. The -Department of Public Health issues permits to facilities located outside the Commonwealth that sell bottled water and/or non-alcoholic beverages within the Commonwealth. M.G.L. c.94, s.1OA. The manufacturing and bottling of water and non- alcoholic beverages is further regulated by 105 CMR 570.000 entitled "The Manufacture, Collection, and Bottling of Water and Carbonated Non-alcoholic Beverages. D. Bakeries and Bakery Products Boards enforce sanitary standards for bakeries and in the preparation, handling, storing, labeling, and transporting of bakery products. Boards may take enforcement action against bakeries found unfit for the production, handling, or storing of food, or that are dangerous to the health of its employees. M.G.L. c. 94 s. 2-110. E. Frozen Desserts and Frozen Dessert Mix 1. Boards are responsible for licensing, inspecting, and enforcing the sanitary and 2, labeling standards applicable to the manufacturing of frozen desserts and 3, frozen dessert mixes pursuant to M.G.L. c. 94 s. 65G-65and the regulations found at 105 CMR 561,000, F. Cold Storage and Refrigerated Warehouses While the Department of Public Health issues licenses for cold storage and, refrigerating warehouses, local boards of health are responsible for inspecting cold storage warehouses for compliance with M.G.L. c. 94, s. 66-72. Page II G. Seafood and Shellfish Permits for retail and wholesale seafood and shellfish operations are issued jointly by the Division of Marine Fisheries and the Department of Public Health. The regulations governing seafood and shellfish operations -are found at 105 CMR 533.000. Shellfish transported into Massachusetts for consumption must be through dealers who are certified and on the Interstate Shellfish Shippers List (ISSL). M.G.L. c. 130, s. 81. If the shellfish come from another country, the shellfish must be certified by that country under the uniform sanitatian requirements program for the certification of interstate shellfish shippers. All shellfish must be properly labeled at all times, with the producer, shipper, number of certificates, and the place and date where taken. M.G.L. c.94, s. 88D authorizes the Department or its agents to immediately seize fish offered for sale that'is found to be unfit for human consumption. Inspections and enforcement are primarily state responsibilities, but the watchfulness and input from local officials enhances the state's ability to carry out its enforcement mandates. H. Sampling of Food Boards of health are authorized to collect food samples pursuant to M.G.L. c. 94 s. 188- 189. 1. Seizure of Food Boards of health are authorized to inspect and to seize tainted, .diseased, decayed, unwholesome, or unfit meat, fish, vegetables, produce, fruit or provisions of any kind that are exhibited and exposed for sale as food. M.G.L.. c. 94 s. 146. J. Slaughter Houses Slaughter houses are generally under the jurisdiction of the Department of Public Health pursuant to M.G.L. c. 94, s. -118-131, however, local boards of health may have concurrent jurisdiction where they have determined that a slaughter house is a nuisance. In addition M.G.L. c. 94 s. 139E to 143, 146 to 152B. Local Boards of health are empowered to inspect under section 146. K. Farm Products and Other Emerging Food Issues Apples, cranberries and many other farm products generally fall under the jurisdiction of the Department of Agricultural Resources. There are some farm product -areas that overlap with public health, and there are some emerging trends that are relevant to local boards of health, including' sale of raw milk; mobile poultry processing; aquaculture; encouraging locally grown food; and the sale of an expanding variety of foods at farmers' markets, such as shellfish. Local boards of health play a key role in monitoring these activities and providing data to state officials working on pilot projects and regulatory drafting in these emerging areas. Page 1.2 PART VI. Motels, Mobile Home Parks, and Public Lodging Places The local board of health is responsible for licensing motels and manufactured housing communities. M.G.L. c. 940, s. 325. The board shall at once notify the Department of Environmental Protection of the granting or renewal of such a license, and said department shall have jurisdiction to inspect the premises to determine that the sources of water supply and the works for the disposal of the sewage of such premises are sanitary. The board of health may adopt rules and regulations to enforce this statute. A board must also grant licenses to public boarding houses in accordance with M.G.L. G. 940, s. 3E. No license shall be granted until the board of health has certified that the building is provided with a sufficient number of water closets and urinals and with good and sufficient means of ventilation. A board may require the licensee to thoroughly cleanse and disinfect all parts of a public lodging place and the furniture therein to the satisfaction of the board, Motels and Iodging houses are also subject to the requirements in chapter II of the State Sanitary Code (see page 7 of this Manual). Page 13 PART Vill. Environmental Protection A. Hazardous and Solid Waste Boards of health assign sites for storage, treatment, or disposal of hazardous waste (not including wastewater treatment facilities permitted under M. G. L. c. 21, s. 43) in compliance with M.G.L. c. 111, s• 1508. Boards are required to notify the Department of Environmental Protection (DEP) of pending applications. DEP recommends notification to the mayor or selectmen concerning any pending applications for licenses for the collection, storage, treatment, or disposal of hazardous waste, as well as information supplied annually by DEP identifying types and quantities of hazardous waste generated, stored, treated or disposed of within the city or town. M.G.L. c. 21 C. S. 4. A board may rescind, suspend, or modify the site assignment after due notice and hearing after determining that the operation and maintenance of a facility hasresulted in a significant danger to the public health or is not in compliance with the conditions established in the assignment. A decision in writing must be made including a statement of reasons and facts relied upon by the board. Boards of health also assign sites for sanitary landfills, refuse incinerators, waste storage or treatment plants, and refuse transfer stations, after a public hearing 1n accordance with M.G.L. c. 111,_s. 1 50A and 150A112. DEP's site assignment for solid Waste facilities regulations can be found at 310 CMR 16.00. Boards receive a site suitability report from DEP providing DEP's review of the application. Special wastes include asbestos waste, infectious waste, and sludges. 310 CMR 19.061 QJ_. Infectious wastes that have been rendered noninfectious in accordance with 105 CMR 480.000 are not subject to 310 CMR 19.061. Boards also receive notification from operators of composting facilities as well as wood chipping and shredding operations, as required by 310 CMR 16.05. B. Septic Systems and Garbage Boards of health enforce compliance with the standard requirements for onsite sewage treatment and disposal systems. 310 CMR 15.40. Authority to make rules and regulations for the removal, transportation, and disposal of offal, garbage, and other offensive substances is given to boards by M.G.L. c. 111, s. 31 B. in addition, boards may issue permits for the removal and transportation of these substances, including permitting waste haulars. M.G.L. c. 111 s. 31 A. A board may investigate sources of nuisances brought into towns and or existing on vessels docked in the municipality such as illegal dumping and issue orders to clean up after such dumping. M.G.L. c. 111, s. 122. C. Air Pollution Boards may adopt and enforce regulations to control air pollution. M.G.L• c. 111, s. 31 C. DEP's air pollution control regulations provide specific authority to local boards to enforce certain provisions. 310 CMR 7.00. Some of the specific areas include: open burning (310 CMR 7.07); incinerators (310 CMR 7.08); dust, odor, and construction and demolition (310 CMR 7.09); noise (310 CMR 7.10); transportation and idling (310 CMR 7.11); asbestos (310 CMR 7.15); and outdoor wood boilers (310 CMR 7.26(50)). Page 14 PART 1X. Miscellaneous A. Pesticides Even though the Massachusetts General Laws give no authority to local boards of health to regulate pesticides, the Massachusetts Supreme Court has decided that they may make reasonable regulations that are not inconsistent with the Massachusetts Pesticide Control Act, M.G.L. c. 132E or state regulations, 333 CMR 2.00. M.G.L. c. 132B, 333 CMR 2.00. Wendell v. Attorney General 394 Mass 518 (1985). Additionally, boards of health receive notice of application of herbicide to a right of way 21 days prior to the application. 333 CMR 11.07. Boards also work to control mosquito -borne diseases, such as West Nile Virus and Eastern Equine Encephalitis, in collaboration with local mosquito control districts, when available, and in conjunction with the Department of Public Health and the Department of Agricultural Resources. In cases where an emergency exists, local boards of health may grant waivers for a use of pesticides not otherwise allowed. M.G.L. c. 'I32B, s. 6H. B. Nuisances Boards of health are required to examine all nuisances, sources of filth and causes of sickness within the city or town. Whenever a board is aware of a nuisance or cause of sickness that may be injurious to the public health, the board is required to remove or destroy the nuisance or cause of sickness, or prevent the nuisance or cause of sickness. M.G.L. c. 111, s. 122. Boards are required to adopt regulations related to the removal and destruction of such nuisances. M.G.L. c. 111, s. 122. However, the odor from the normal maintenance of livestock or the spreading of manure upon agricultural and horticultural or farming lands, or noise from livestock or faun equipment used in normal, generally acceptable farming procedures or from plowing or cultivation operations upon agricultural and horticultural or farming lands shall not he deemed to constitute a nuisance. M.G.L. c. 111, s. 125A. Boards shall order owners to remove and abate any such nuisances. M.G.L. G. 111, s. 123. If an owner faits to abate or remove a nuisance a Board may abate or remove such nuisances and demolish any building declared a nuisance and the costs of such clean up shall be a lien against the property and its owner. M.G.L. c. 111 s. 125. Boards are authorized to enter any land, building or premises, or go on board a vessel within its town, to examine into and destroy or prevent a nuisance, source of filth or cause of sickness. M.G.L. c. 111, s. 131. C. Noisome and Noxious Trades The board shall assign locations for noisome trades after a public hearing. M.G.L, c. 111, s_ 143. A noisome trade is a slaughterhouse, melting or rendering establishment, or any other offensive trade or establishment. M. G. L. c. 111, s. 151. Anyone who wishes to run such an establishment must get the written consent of the board of health in the town where the building or premises are situated. D. Animal Inspectors Boards of health in towns may nominate animal inspectors if the provisions of section 15 have been accepted.. M.G.L. c. 129, s. 15. E. Use of Traps Boards of health may authorize the use of traps to capture furbearing mammals to minimize threats to human health and safety associated with activities of these Page 15 mammals. They may issue emergency permits for such traps, not to exceed a period of ten days. A denial of an emergency permit may be appealed to the Department of Public Health. M.G.L. c. 131, s. 80A. F. Vapor, Pool, Shower or Bath Houses Boards of health may authorize businesses operating vapor, pool, shower or bath houses. M.G.L. c. 140, s. 51. The field of massage therapy is regulated by the stage Board of Registration of Massage Therapy. G. Death Certificates and Burial Permits Local boards are responsible for issuing, receiving, and recording death certificates and burial permits. M.G.L. c. 114, s. 45; M.G.L. c. 40, s. 11. H. Funeral Directors Boards of health license funeral directors. M.G.L. c. 114, s. 49. Boards report to the Board of Registration of Funeral Directors and Embalmers. I. Location of Cemeteries Boards approve the location of cemeteries. M.G.L. c. 114. s. 34. J Retain Charge of Cases Boards retain charge of any case arising under M.G.L. c.111 in which the board has acted. M.G.L. c. 111, s. 32. K, Enforcement of Local Health Regulations Boards enforce all local health regulations promulgated pursuant to M.G.L. c. 111 s. 31. L. Tanning Facilities Boards issue licenses to tanning facilities. 105 CMR 123.000. Boards must inspect tanning facilities within 30 days of licensure, every six months thereafter, and upon receipt of a complaint. Beards enforce regulatory requirements, hold hearings, and may issue variances. M. Smoking -Enforcement of the Smoke -Free Workplace Act is delegated mainly to local boards of health. M.G.L, c. 270, s. 22(m)(1). Enforcement may be through non -criminal disposition. M.G.L. c. 270, s. 22(M)(2). Boards may receive complaints from the Department that initiate investigations regarding the failure to comply with the Smoke Free Workplace Act. M.G.L. c. 270, s. 22(m)(3). Enforcement may also occur through periodic inspections and locally received complaints. An annual report must be sent to the Commissioner of Public Health. N. Subdivision of Land A board must approve or disapprove deflnitive plans for the subdivision of land. M.G.L. c. 41, ss. 81 S-81 V. G. Fluoridation A board of health may order the fluoridation of public water supplies. However, this order may he overturned by a municipal referendum vote. M.G.L. c. 111 s. 8C. P. Drinking Water Upon determination that drinking water in a dwelling or food service establishment is unsafe, the boards may order discontinuance of use or order provision of a new source. M.G.L. c. 111, s. 122A. Q. School Physicians and Nurses Page 16 In some cases, boards may be responsible for appointing school physicians and nurses. M.G.L. c. 71, s. 53. R. Public Sanitary Stations In every city, and 1n towns with a population greater than ten thousand, if the hoard of health, in its opinion, deems it necessary, public sanitary stations with separate water closets for the use of each sex shall be established. M.G.L. c. 111 s. 33. P age 17 SOURCES AND SCOPE OF LEGAL AUTHORITY In the area of public health, there are three primary repositories of authority: the federal government, the state government, and local authorities. Examination of the constitutional basis of power at each level of government helps one understand the role of local official health agencies. The Federal Government: The powers of the federal government are limited to those functions explicitly delegated by the Constitution. All other powers are reserved for the states or the people. Although powers delegated to the federal government are limited, and although health and safety matters have traditionally been considered matters properly regulated by state and local governments, federal regulatory action derived from the powers to regulate interstate commerce and to levy taxes for the general welfare has considerable impact on state and local health programs and enforcement. The State Government: In contrast to the defined powers of the federal government, state governments have broad powers: These include "powers to prescribe, within the limits of the state and federal constitutions, reasonable regulations necessary to preserve the public health, safety, and welfare." These powers are commonly referred to as "police powers" and are derived from the nature of state government. While there is no specific definition of the states' police powers, the courts have historically found two basic purposes that justify a state's actions with regard to the public health: • actions for the protection of a given individual; and • actions for the protection of society at large. It is a widely accepted function of government to protect the health of society, even at the expense of the individual's freedom. Although the state government is the primary repository of authority in public health matters, there are constraints on this authority. In some cases, these may be explicit powers granted to the federal government, or prohibited to the states by the federal constitution or federal laws. In other cases, individual rights of citizens, as they are expressly enumerated in the federal and state constitutions, may take precedence over the state's authority. In public health, policies such as requiring adequate sewage systems and performing inspections of private dwellings depend on a balance between the individual's right to privacy and the governing agency's overall concern with the health of the individual involved and society at large. State governments are clearly the primary authority in the field of public health and possess the power to make laws for the public health. This power consists, in part, of being able to delegate authority. It is from this power that state agencies and local boards of health derive most of their authority. State agencies derive virtually all of their powers from laws enacted by the state legislature and approved by the Governor. Local governments also derive most (but not all) of their authority from such state laws: Massachusetts BOH Guidebook • Mq, 1997 • Legal Authority and Procedures 2-1 Local Authorities: Local public health departments and agencies derive their authority primarily through explicit and specific delegation of power from the state legislature. This authority includes both the powers that are expressly granted by state statutes and those powers that are necessarily implied from those, statutes. In delegating power, the state legislature places limits on the exercise of that power. In this way the state specifies the manner in which the power is to be exercised, the consequences of failure to exercise it, and the consequences of improper exercise of that power. The extent of the state's delegation of power varies from designating the board of health as the primary enforcement agent of the state's regulations (as is the case with the housing section of the Sanitary Code) to authorizing the board of health to draft its own regulations regarding public health matters (see M.G.L. c. 111 §31). The only absolute restraint is that such regulations must be consistent with state law. In certain cases, statutes specify that local regulations must be approved by a state regulatory agency before they may become effective (e.g. air pollution, food service, radiation control, etc.). Local regulations may be more stringent than existing state mandates, but in no case may they be inconsistent with state regulations. In addition, regulations must be "reasonable" solutions to the problems they address. "Reasonableness" may be tested in court. It should also be recognized, however, that local governments may also act without delegation of authority from the state, under their own ordinances or bylaws, subject to certain limitations. Under an amendment to the Massachusetts Constitution promulgated in 1986 (the "Home Rule Amendment" }, local' governments have the power, tin ough their own ordinances and bylaws and without specific authorization by the state, to regulate in areas in which state law does not prohibit them from regulating. Cities and towns may, under this "home rule" power, (by approval of the city council and mayor in cities or by approval from the board of selectmen and town meeting in a town) promulgate general ordinances and bylaws relating to health matters (e.g. rubbish storage and collection, insecticide spraying, etc.). These ordinances and bylaws may. by their tears, be enforceable by the local board of health or some other public board or official (e.g. building inspector, police, etc.). They may also grant rule making authority to the local board of health. In short, cities and towns are free to promulgate health related bylaws and ordinances governing all subjects that are,not prohibited (by state or federal law) from being regulated. However, such ordinances and regulations are not enforceable if they conflict with applicable federal or state law or if they are unconstitutional (because they are not reasonably related to legitimate Local government interest, or some other reason). To effect enforcement of the health regulations or ordinances promulgated by the local board or the city or town, and those regulations and statutes promulgated by the state but enforceable by the local board, the local boards are sometimes granted the power (in those regulations, statutes and ordinances) to make inspections and examinations, to issue, revoke or suspend licenses and permits, and to issue orders to any individual or business which is in violation of the regulations or standards. The local boards are directly responsible for the enforcement of these standards. Failure of a board of health to enforce the Sanitary Code or the Environmental Code may result in the state re -assuming its power to enforce state laws and regulations. - If it is determined by the Cormnissioner of the Department of Public Health (DPH), the Commissioner of the Department of Environmental Protection -(DEP) or their designees that the local beard of health has .failed after a reasonable time to enforce the Sanitary or Environmental Code, DPH or DEP may assume enforcement powers to effect compliance with the Code (see M,G1. c, 111 § 127A and 105 CMR 400.300 as well as M.G.L. c. 21 A § 13 and 310 CMR 11.00). Massachusetts BOH Guidebook • May, 1997 • Legal Authority and Procedures 2-21 Determination by the Commissioner is made in the following manner: If, as a result of a study, inspection, or survey, the DPH or DEP determines that the board of health has not effected compliance with the Sanitary or Environmental Code, DPH or DEP will send a notice to the board of health. The notice gives the board of health a reasonable amount of time to effect compliance, and requests the board to notify the DPH or DEP as to what action has been taken to effect compliance with the Code. If the board of health fails to provide this information, or if DPH or DEP decides that insufficient action has been taken to effect compliance, it will be deemed that the board of health has failed in its duties, and DPH or DEP may assume the board's power to effect compliance. Certain statutes provide for "coordinate powers" of DPH with local boards of health (e.g. M.G.L.c.111 §7 concerning the investigation of contagious or infectious diseases), or "concurrent responsibility and authority" (e.g. M.G.L. c. 111 §198 concerning enforcement of lead poisoning prevention and control statutes). RULE MAKING: PROCEDURES FOR MAKING LOCAL REGULATIONS Historically, legislation and regulation have been tools for translating knowledge of causes of disease and ill -health into programs for the protection of public health. Boards of health may determine that regulations are necessary to control the causes or to outline methods of dealing with a public health problem., Local regulations may not be inconsistent with state or federal regulations, but may be more stringent. Most state regulations are called "minimum standards" and local boards are authorized to make stricter standards. The process of drafting regulations usually requires collaboration between the board of health and the town ccunsel or city solicitor who provides or coordinates the legal expertise necessary for the proper drafting of the regulations. If the town or city employs a health officer, he/she may be asked to assume responsibility for defining and documenting the problem and drafting a proposed regulation (with the assistance of the city or town's attorney) for presentation to the board. The board then considers the issues, holds hearings as necessary, and makes the final decision. Regulations may be prospective in nature. That is, boards of health may require precautions to avoid potential dangers as well as to restrict conditions proven to be harmful. (Genes et. a].1995). M.G.L. c. 111 §31 is an unusually broad grant of authoAty which empowers boards of health to adopt "reasonable health regulations." The power of boards of health to adopt regulations under section 31 is extensive and "provides a comprehensive, separate, additional source of authority for health regulations" (Bens et, al. 1995). The fallowing section is intended to assist the board in drafting regulations. Note that the first step in this process is developing and checking the rationale - the nature, documentation, extent and impact of the problem or need - before the board of health 3011 Gui[ieDOOk • MaY, #.ega1 wutnorny alnu MULROL proceeds to the rule making stage, It may be that health problems or needs can be addressed through the use of existing state law, thus making new regulations unnecessary. Guidelines for Drafting and Promulgating Regulations I. RATIONALE AND CONSENSUS OF BOARD A. define problem B. demonstrate need for regulation C. get "go ahead" from the entire board prior to drafting D. hold public meeting or hearing on the problem if desired or required by general laws regulating the overall activity (e.g. assignment of sanitary landfill site) II. CONTENT A. Title and table of contents ofregulation(s) B . Define terms C. Designate individual or agency responsible for enforcement D. Establish standards E. Describe duties and procedures F. Describe enforcement and sanctions ■ nature of sanctions • conditions warranting sanctions • process for applying sanctions G, Indicate the specific sections of the general laws under which the regulations are adopted H. Specify by�what authority the regulations are adopted (M.G.L, c, 111 §31 and other relevant sections of the general laws) I. Indicate the effective date of the regulations J. Indicate the relationship of the new regulation(s) to any relevant existing regulations(s), .including specific provision for regulation(s) to be repealed by acceptance of the new regulation(s) III. STYLE/ FORMAT A. Be brief B, Follow conventional numbering system for regulation(s), as defined by general laws or local regulations C'Express regulations in the present tense D. Use active voice E, Use third person singular to the extent possible F. Fallow accepted punctuation form • the meaning of the regulations should not depend solely on the punctuation • if a minor change in punctuation changes the meaning of the regulations, they should be rewritten IV. PROMULGATION A. For Title V (septic system) regulations, hold a public hearing on regulations, with notice of hearing published twice and the first notice published 14 days prior to the hearing. For other re ulations a public hearin rs not required. B. Approve regulations by a majority vote of the board JC. Publish a summary of the regulations in the newspaper D. File attested copies of all regulations with DEP V, LANGUAGE: Use clear and consistent definitions that are substantially consistent with traditional meaning. (For a good example of locally drafted regulations, see the Dumpster Regulations of the Town of Winchester in the Appendix). Massachusetts BOH Guidebook - May, 1997 • Legal Authority and Procedures 2-41 PERMITS AND FEES A board of health can require a permit, .set a fee, or set out substantive performance standards as a part of a regulation. Boards may regulate by describing in a regulation all possible conditions under which an activity can be conducted without substantial injury to the public health and without a permit. In some instances, it would be difficult, if not impossible, to specify in a regulation conditions under which a person could conduct an activity without board of health review. The board may instead require a permit, whereby the board makes a decision based upon evidence presented on a case by case basis (Benes et. al. 1995). Permits and fees may be authorized by a state statute or regulation, such as a permit for the transportation of garbage or refuse required by M.G.L. c.111 §31B. Boards of health may also require permits and set fees where there is no direct statutory authorization for a specific type of permit, such as the above, but is'a necessary part of their general regulatory power, For instance, boards of health Gould adopt regulations, pursuant to their general regulatory powers under M,G.L. d. 111 §31, to require every person who owns or operates a genetic engineering facility to register and receive a permit prior to operation (Genes et. al.1995). Boards of health may also be authorized to require perridts and set fees pursuant to a town bylaw or city ordinance. If the amount of the fee is not determined by state statute or by a general town bylaw or ordinance, then boards may set the fee (Benes et.al.1995). However, the amount of the fee must be, reasonably related to the administrative costs expected to be incurred by the board in connection with the board's regulation of the activity (i.e. the costs of board inspections, administrative and record keeping duties, etc.). Fees: Fees imposed by the municipality tend to fall into one of two categories: user fees, based on the rights of the municipality as proprietor of the instrumentalities used; or regulatory fees (including licensing and inspection fees), founded on the police power to regulate particular businesses or activities (Benes et, al. 1995). Such fees are distinguishable from taxes in that: • they are charges in exchange for a particular governmental service which benefits the party paying the fee in a manner "not shared by other members of society" they are paid by choice, in that the party paying the fee has the option of not utilizing the governmental service the charges are collected, not to raise revenues, but to compensate the governmental entity providing the services for its expenses (Benes et.al.1995), Permits: If the board of health requires a permit as part of the regulatory process, it should set out standards on which it will rely in reaching a decision. It is not necessary for those standards to be excessively detailed, for it may be, impossible "to specify in what circumstances permits should be granted and in what circumstances denied. Each case musf depend upon its particular facts." Nonetheless, the board is obligated in its regulation to provide standard or guidelines that the board will use in exercising its permit -granting authority (Benes et.a1.1995). Massachusetts BOH Guidebook - May, 1997 • Legal Authority and Procedures 2-5 If a permit is required for an activity, then the board of health, which has the power to grant or to withhold the permit, must decide what action to talce "in a fair, judicial and reasonable manner upon the evidence as presented — keeping in mind the object of the applicable regulation" (Bones et. al, 1995). INFLUENCING STATE ADOPTION OF REGULATIONS: If the board of health wishes to influence or change state regulations, or to call attention to a regional problem, it can follow several courses of action: • contact relevant committees or boards • discuss the issues with DPH or DEP and other regional officials • contact DPH, DEP or other state agencies • attend, and testify at, hearings held by DPH or DEP on proposed regulations. The executive departments of the state government have rules of procedure and rules for adopting administrative regulations (e.g. 310 CMR 2.04, Rules for Adopting Administrative Regulations). It may be useful for you to review these rules to help you understand how state regulations are adopted. ENFORCEMENT AND DUE PROCESS Local hoards of health have the power and responsibility to enforce regulations made under the State Sanitary Code and Environmental Code (see M.G.L. G. 111 §§-127A and 127E and 105 CMR 400.000 and other chapters of the State Sanitary Code. See also M,G.L. c. 21A § 13, 310 CMR 11,40 and 310 CMR 15.0). M.G.L. c. 111. § 187 specifically authorizes boards of health to apply to the Supreme Judicial Court or Supe6or.Court for enforcement of its orders relative to the public health, and specifies the applicability of M.G.L. c. 214 §§11-12, Jurisdiction over certain civil actions (such as actions for injunctions and actions for receiverships) brought by local boards of health to enforce -Chapter II of the State Sanitary Code (Housing) is vested in the Superior Court, District Court and/or Housing Court under various provisions of M.G.L. c. 111 §§127A-1271. Jurisdiction over criminal actions to enforce state and local regulations and ordinances and any other misdemeanors established by law is vested in the district courts, the Boston Municipal Court and the Superior Court under M.G.L. c. 218 §26. It should be stated that a criminal proceeding can only be commenced if there is a specific state statute which makes the public health violation a criminal offense. A board cannot proceed against a violator criminally in the absence of such a statute. In trying to determine whether a state statute is a criminal statute, the most relevant question is: Does the statute. say that violators may be punished by a "fine" or "penalty" or by "imprisonment`I" If the statute contains no such language, it is very unlikely that the board can commence any criminal proceeding. To effect the enforcement of the Sanitary and Environmental Codes, local boards of health are encouraged to exhaust all administrative enforcement actions before pursuing court action. The procedural provisions of these codes are quite specific and should be referred to and followed exactly in each instance, The following outline suggests general strategies for the enforcement of the Sanitary Code and Environmental Code. A. Make an inspection 1, routine, or 2. upon request or complaint. 6UH uuiaenoak • MOY, 199f • Legal wutnority ano rroaec B. If you anticipate enforcement problems, you may want to take photographs of violations and, if court action is contemplated, take samples as necessary and observe procedure if specified in regulation, C . Serve notice of the violation(s) and/or serge a copy of any orders; indicate statutory or regulatory basis for your enforcement action in the notice or order, D. Determine whether the violation or condition constitutes an "emergency" or "imminent health threat." 1. If the violation or condition constitutes an "emergency" or "imminent health threat," the board should consider whether you can/should either order the owner to correct the violation immediately (e.g. within 24 or 48 hours) or to cease operations completely until the violation has been corrected (which may require a suspension of the owner's peranit without a prior hearing), 2. If the violation or condition does not constitute an emergency, the board should issue an order allowing a reasonable time for. correction (Note: the specific code chapter under which the board is acting may specify a "standard" time for correction, such as 10 days). Make a re -inspection on or soon after the deadline for correction (or, if the facility is closed due to an emergency permit suspension by the board, upon receipt fi om the owner of a verbal or written assertion that the violation leading to the suspension has been corrected). F. If correction has not been achieved, issue a notice of non-compliance which states the grounds for the finding of noncompliance and lists what actions the board is taking (i.e. license or permit revocation or suspension or administrative penalty assessment) and which advises the owner of his right to a hearing before the board concerning that administrative action, if no license or permit suspension or revocation action or administrative penalty imposition is involved, skip below to item 7; otherwise, go to item G. G . Arrange hearing, if appropriate. H . Hold hearing before the full board, board to issue decision after hearing. X. Serve notice of imposition or penalty or revocation of license or perrn:lt, if applicable, after holding any hearings -required by law and serving adequate notice. 7. In cases where no administrative action is to be taken, you may go directly to court and file a criminal or civil action, depending on the circumstances. Generally, criminal actions in the district court are appropriate for seeking payment of fines or penalties and civil actions in the Superior Court are appropriate when you are seeking injunctions (i.e. court orders to enforce a Board of Health order or decision). K. Proceed with civil or criminal process, Since legal action can be expensive, titre -consuming and exhausting, especially for a small staff, it is important for the board to use administrative sanctions at its disposal, such as revocation of licenses and permiis and imposition of administrative penalties, where Massachusetts BOH Guidebook . May, 1997 • Legal_AuthoritV' and Procedures 2-7 possible. When administrative sanctions are not available, a criminal complaint may be required to obtain. compliance. Inspections: /Numerous provisions of the General Laws as well as Chapter I of the Sanitary Code and Title 1 of the Environmental Code authorize local boards of health to enter and examine certain premise's or facilities either upon complaint or according to a local plan for systematic, periodic area inspection, Inspections are- to be conducted in the manner described in the relevant statute or the relevant provision or article of the Sanitary or Environmental Code. Generally, the statutes and regulations allow such inspections to be performed, without prior notice to the facility owner, at any "reasonable time." (See sections below, items in Appendices, and subsequent chapters for additional information). Periodic Area Inspections: Periodic area inspections serve to determine whether conditions exist that are deleterious to the health and well-being of the public. These may be, regular (i.e. once a year, twice a year, etc.) or periodic "monitoring" inspections intended to make sure that the regulated facility is in compliance. Inspections Upon Request or Complaint: Inspections may be performed upon the request or complaint of a person that credibly appears to have reason to believe that a facility is out of compliance with applicable regulations. These inspections typically involve the examination of premises for specific alleged conditions that may constitute violations of law, rather than a comprehensive examination of the entire premcses, If an occupant or owner objects to such an inspection, it is necessary to obtain a warrant to conduct the inspection, Chapter I of the Sanitary Code authorizes local boards of health to obtain a search warrant to conduct an inspection, "if any owner, occupant, or other person refuses, impedes, inhibits, interferes with, restricts or obstructs entry or free access to every part of the structure, operation or premises where inspection authorized by (the) Code is sought." The board should have substantial evidence indicating that a search is necessary. If cause for a search is judged to be warranted, officials of the district court, with the help of the board or health officer, will develop an affidavit recommending that the court magistrate issue a search warrant (M.G.L. c. 111 §5(1)). The warrant apprises the owner, occupant or other person of the nature of and justification for the inspection. The board may seek police assistance in presenting the warrant. If efforts to conduct an inspection are impeded by an owner, occupant or other person, the board of health may revoke or suspend any license, permit or other permission regulated by the board. This power should provide considerable leverage to the board to obtain compliance. Suggestions for Conducting an Inspection: Routine inspection of housing units should take place at a mutually convenient time, Establishments such as catering services, recreational camps, refuse disposal facilities and food manufacturing plants should be inspected at times when they are operating, when possible problems can be observed, The inspector should identify him/herself, show his/her credentials, and state his/her intent to inspect the premises and the nature of the inspection. If entry.is refused, the inspector should leave and report the refusal to the board of health for further action, such as approval of obtaining a search warrant for the inspection. Massachusetts BOH Guidebook • May, 1997 • gal Authority and Procedures 2-S At the time of inspection, the inspector should note all violations and complete the appropriate inspection forms. If expert assistance is deemed necessary but is not available at the time of the inspection, the inspector should complete the form to the best of his/her ability, indicating areas that require a separate inspection with expert assistazice. The board should promptly schedule the expert inspection. At the conclusion of an inspection, the inspector should report all violations to. the owner or occupant of the premises, the operator of the establishment, or some other responsible person as may be specified in statutes and regulations. Orders: Public health officials may issue an order for compliance with the Sanitary or Environmental Codes whenever a violation is found. Such an order gives notice to the violator that a violation exists and serves notice upon him/her to correct it within a specified time. Failure to comply with an order may result in other legally sanctioned procedures, such as commencement of civil proceedings or criminal prosecution in court. In enforcing local regulations and the Sanitary and Environmental Codes, local boards have the authority to serve orders on all persons in violation of regulations. Orders are served in the following manner: • personally, by any person authorized to serve civil process, or by any person authorized to serve civil process, by leaving a copy of the order at the individual's last and usual place of abode, or ■ by sending the individual a copy of the order by registered or certified mail, return receipt requested, if the individual is within the Commonwealth, or • by posting a copy of the order in a conspicuous place on or about the premises and by advertising it for at least three out of five consecutive days in one or more newspapers of general circulation within the municipality where the building or premises affected is situated, if the individual's last and usual place of abode is unknown or outside the Commonwealth. Emergency Powers; In addition, local boards possess enforcement powers for emergency situations. Regulations 105 CMR 400.000 (Chapter I of the Sanitary Code) and31D CMR 11.00 (Title I of the Environmental Code) grant local boards the authority, in accordance with the provisions of M.G.L. c. 111 §30, to dispense with ordinary enforcement procedures in the interest of protecting the public health in emergency situations. The board may, without notice or hearing, issue an order citing the existence of an emergency and requiring that such action be taken as the board of health deems necessary. The agent of the board of health, or director or commissioner of the health department, as the case may be, is authorized to act for the board in cases of emergency or in cases when the board cannot conveniently meet. She/he has all the authority that the board has, but must report emergency actions to the board for approval within two days, and must be directly responsible to and under the control of the board (M,G.L, c. 111. §30). Hearings: Boards of health may hold hearings upon their own initiative, or upon petition by any party wishing to be heard concerning a public health matter. I Tsually hearings are requested by people who wish to contest -an order issued by the board of health for correction of a violation of state or local regulations. Hearings typically provide opportunities for individuals to show why an order should be modified or withdrawn. In Massachusetts BOH Guidebook - May, 1997 -Legal Authority and Procedures 2-9 addition, hearings may serve as a forum for the discussion of proposed or existing local or state regulations. In certain cases specified in statutes or regulations, the hoard may be required to hold a public hearing before granting a license, before making local regulations, or before revoking a license or permit. For example, a hearing must be held before the board grants variances under the Sanitary or Environmental Codes. Unless it is specifically prohibited by an article of the Sanitary or Environmental Codes (in which case an appeals process is outlined), any person or group of people may request a hearing following an order served on that individual or group by the board of health. • The petition Faust be in writing and received by the board within seven days after the order was served, unless differently specified by local regulation. If the petition is not received within seven days, each day's violation constitutes a separate offense. ■ The board must arrange the hearings within 34 days after the order was served and must inform the .petitioner of the time and place of the hearing under provisions of the Code. • The hearing may be postponed if the petitioner supplies sufficient reason. • After the hearing, the board sustains, modifies, or withdraws the order and informs the petitioner of the decision in writing. • If the order is sustained or modified, it must be carried but within the time period designated in the original order or in the modification. Each day's failure to comply constitutes a separate offense. ■ The board of health must make every notice, order and other documentation of the hearing a matter of public record in the office of the town or city clerk, or in the office of the board of health, Boards of health conduct hearings that are either quasi-judicial (concerning order's, licenses, permits or other such matters) or quasi -legislative in nature (involving debate of new or existing local regulations). The following outlines suggest practices for each type of hearing: Quasi-judicial Hearings: • The hearing officer should be impartial and yet familiar with the particular case and the laws and regulations pertinent to the case (M.G.L. c. 30A §lA _)- • Hearings must be public unless permitted by the open meeting law to be closed according to the procedure outlined in KG,L, c. 30A §11A T. • The parties involved may be represented by counsel. The counsel may be. either a lawyer or non -lawyer. • The names of all parties, counsel and witnesses (and on whose behalf they are appearing) should be included in the hearing records. * The health officer should introduce him/herself and direct the hearing by stating the purpose of the hearing and highlighting the main issues of the case. • Although agencies need not observe the rules of evidence observed by courts, evidence may be admitted "only if it is the kind of evidence on which reasonable j Massachusetts BOH Guidebook • May, 1997 • Legal Authority and Procedures 2-101 persons are accustomed to rely in the conduct of serious affairs" (M.G.L. c. 30A §11). Evidence may be taken in any order. • The petitioner has the burden of proof and should proceed first. • Both parties should be allowed sufficient time to state their cases. Any witness may be cross-examined by either party, • In very informal hearings, it may be appropriate for the hearing officer to help the party present his/her full case and offer advice as to his/her legal rights. ■ In minor matters, the hearing officer may announce the decision immediately. The decision should be immediately rioted on the record. In lengthy. or complex hearings, it is better to reserve the decision and render a determination in writing with a well -reasoned opinion in support of the decision. The decision must be served on the party and the party's counsel. Decisions may be delivered by mail. Information describing procedures for appeal should be included in the decision. Quasi -Legislative Hearings: Quasi -legislative hearings are usually held before the board of health promulgates rules, regulations' or standards. The participation of interested groups in quasi-Jegislative hearings provides local boards with a basis of information for the development of effective: regulations and may help secure voluntary compliance with new or existing regulations, • Hearings should be scheduled far enough in advance for the parties involved to arrange their representation and to prepare their testimony. • Notice of the hearing may be made by publication in a local newspaper and through letters to interested groups and corporations. • When a new regulation is proposed, a preliminary draft ought to be available in advance of the hearing. • All parties should be given equal time to present their case. • Only hearing officers may ask questions of either party, Cross-examination is not allowed in quasi -legislative hearings. • Each group should be given the opportunity to submit _a supplementary written statement. • Participation of parties is voluntary. Only in very rare instances is specific information subpoenaed for quasi -legislative hearings. Appeals: After the he any individual not satisfied with the final decision of the board. may appeal the decision to a court of competent jurisdiction to the extent allowed by law. The right of the aggrieved party to appeal the board's decision is not automatic. There is no statute giving an aggrieved party the right to challenge any final administrative decision of a local board of health, as there is with final state agency administrative decisions (see M.G.L. c. 30A). However, aggrieved parties may bring an action under M.G.L. c. 12 §111 alleging that their civil rights were violated. AIternatively, an aggrieved party could bring "an action in the nature of certiorari" in Superior Court under M.G.L. c. 249 §4 seeking to "correct errors" in the administrative proceedings before the board of health. Penalties: The local board of health may revoke or suspend permits and licenses it has granted. with or without a hearing, as specified in the applicable laws and regulations. It is also authorized to seek in court to impose penalties on any individuals who violate provisions of the Sanitary or Environment Codes in any or all of the three following ways: • Anyone who impedes inspection of any structure, operation or premises after a' search warrant bas been presented shall be fined not less than $10 nor more than $500. Massachusetts BOH Guidebook . May, '1997 • Legal Aut"Or ty and Procedures 2-71 Anyone who fails to comply with an order issued by the board of health shall be fined, upon conviction in court, not less than $10 nor more than $500. Each day's failure to comply with an order is considered to be a separate violation. Anyone who violates any provision of the Sanitary or Environmental Codes for which no penalty is provided in the code or in the General Laws shall be fined upon conviction in court, not less than $10 nor more than $500 (see M.G.L. c. II I §127A, and the Sanitary and Environmental Codes: 105 CMR 400.700; 310 CMR 11.10). 'variances: The board of health may grant a variance to the application of any provision of the Sanitary or Environmental Code (except provisions regarding conditions deemed to endanger or impair health or safety, and those regarding solid waste disposal facilities which may only be granted by DEP) when, in the opinion of the board, the enforcement would do a manifest injustice, provided that the variance: (1) does not conflict with the spirit of the minimum standards, (2) all affected parties have been notified, and (3) a hearing has been held. Variances granted by the hoard of health must be in writing, A copy of each variance must be kept in the office of the board of health. Notice of the grant of variance must be filed with the Commissioner of Public Health, or with the Commissioner of Department of Environmental Protection, in a case in which a variance to a provision of the Environmental Code is granted. The board may limit the variance by whatever qualifications or conditions (including time limitations) it deems necessary, The board may also revoke, modify or suspend the variance, in whole or in part, by notifying the holder in writing, If this happens, the holder of the variance in question may request a hearing in accordance with 105 CMR 400,$00(S) (Chapter I of the Sanitary Code) and 310 CMR 11,12 (Title I of the Environmental Code). Court Procedures: The board of health may commence.a court action when other efforts to obtain compliance with local or state laws or regulations have failed. There are two basic types of action - civil and criminal. An example of a civil action is an action in Superior Court under M.G.L. c. 'I11 §127A to "enjoin" (i.e. stop) a violation of the State Sanitary Code. An example of a criminal action is an action in the District Court seeking monetary penalties for violations of the Sanitary Code. In. a civil action, the town attorney must file a complaint in court and serve a copy of it :to the defendant. To start a criminal action to enforce compliance with the law, the health officer (or member of the board of health or an agent of the board) signs and files, with the court having jurisdiction, an application for a complaint, sometimes called an "information," setting forth completely and precisely the violations. The city or town attorney may file the application, A clerk in the court will serve the complaint on the defendant. The parties will then be required to appear at a show cause hearing before a magistrate. If the magistrate finds just cause, a complaint will be, issued and a trial will be scheduled. Civil Proceedings: Civil proceedings usually follow this pattern: Complaint by board Answer to complaint by defendant Period of "discovery" Trial Massachusetts BOH. Guidebook • May, 1997 • Legal Authority and Procedures 2-12 If the board prevails, court will "execute judgment": judge may make appropriate order to correct violation (injunction) impose fine or other penalty, and/or may attach the property or garnish wages of the violator. Criminal Proceedings: In criminal proceedings, the sequence of events is approximately as follows: • Board or its agent files complaintjapplication in court (usually in the district'court) • Clerk of court issues summons (upon application by hoard of health or other applicant) • Show cause hearing is held to determine whether a complaint should be issued by the court • Court issues complaint, if clerk decides there is cause • Defendant answers or files motion to dismiss complaint for lack of cause • If complaint is not dismissed, case proceeds to trial • If hoard prevails at trial, court will "execute judgment": judge sets fine, prison term, or other penalty. Boards of health also have recourse to the courts for other actions, such as a petition to establish a rent receivership, to obtain a cease and desist order, to recover expenses incurred in removing a nuisance, or to obtain a search warrant. Persons upon wham the board of health have served an order may appeal, or in certain cases (i,e. those involving a board's order to abate certain nuisances), "file a petition for review of such order in the district court" as provided in specific statutes (see M.G.L. c. 11.1 §§125A, and 143). Tire statute and regulations describe more fully the alternative enforcement methods available to boards of health. Community Awareness of Public Health Standards: Frequent campaigns to remind the public and commercial and industrial establishments about minimum standards for housing, sewage and waste disposal, water, food, and other areas under board of health jurisdiction may help the board reduce the burden of enforcement. Public education, combined with regular inspections and constructive approaches to resolving problems can mobilize community awareness of public Health mandates, The board of health can establish and maintain its credibility and community visibility by sending press releases to the local paper on current activities and on local and state regulations affecting seasonal activities (such as community fairs or bake sales, percolation tests, campgrounds and camps, flu immunizations, etc.). (See Guidebook chapter on media relations). Public hearings and notices about such things as landfill use, availability of recycling, housing conditions, and other problems and concerns will also increase public awareness of the board's function in town government. LIABILITY ISSUES Liability for Negligence: The Massachusetts Tort Claims Act (M.G.L. c. 258) makes public employers liable for the negligent acts or omissions of public employees and immunizes these employees from personal liability for negligence, "Public employee" is broadly defined in the Act to include officers and employees of any public employer. "Public employer" includes any county, city, town, public health district or joint district or regional health board established pursuant to the provisions of M.G.L. c, II I §§27A or 27B. ME Massachusetts BOH Guidebook - May, 1997 - Legal Authority and Procedures 2-13 APPENDIX REQUIRED DUTIES OF LOCAL BOARDS OF HEALTH IN MASSACHUSETTS Local boards of health in Massachusetts are required by state statutes and regulations to perform many important and crucial duties relative to the protection of public health, the control of disease, the promotion of sanitary living conditions, and the protection of the environment from damage and pollution. 'These requirements reflect the legislature's understanding that many critical health problems are best handled by the involvement of local community officials familiar with local conditions. The fallowing is a list of duties and responsibilities of local boards of health in Massachusetts. Each item includes a citation to the statute or regulation, which imposes the duty or responsibility. The items have been grouped under general subject categories. Following this listing of Required Duties is a list of Additional Powers of local boards of health, which extend the Ioca] board's authority over the broad range of health, sanitation and environmental problems. A. Records record keeping and Reports: 1. In cities, submit an annual report to the city council concerning the board's activities during the preceding year and concerning the sanitary condition of the city. M.G,L. o.l 11, s.28. 2, Maintain numerous records and retain them for required minimum retention periods. (A list of approximately three dozen categories of beard of health records and their retention periods will be found in the Guidebook for Massachusetts Boards of Health published by the Massachusetts Association of Health Boards. _ 3. Process numerous types of reports of cases of diseases. These reports are detailed in Food Borne Illness luves ' ation and Control Reference Manual, and MAHB Guide book. 4, Process of death certificates, M.G.L. c.45, s.l 1. B. Health Care and Disease Control: 1. Upon request, telephone to a gas and electric utility company and certify in writing within seven (7) days of said telephone call that there. is a serious illness in a residence such that no gas or electric company shall shut off or fail to restore gas or electric service in any residence during such time as there is a serious illness. M.G.L, c.164, s.124A; 220 CMR 25,03(2). Receive reports of cases of disease dangerous to public health. Keep records of these reports and also forward copies of these reports to the local school committee, and to other focal boards in whose jurisdiction the patient resides, or may have contracted the disease, or may have exposed others. M.G.L. e.I 11, s,111. See 105 CMR 3 00. 100 for list of diseases required to be reported. 3. Report cases of dangerous diseases to the Department of Public Health within twenty-four hours. M.G.L. c.111, s.112, See 105 CMR 300,100 for a list of diseases required to be reported. 2 4. Consult with the Department of Public Health regarding the prevention of dangerous diseases, M.G.L, c.111,83. 5. Send to the Depardnent of Public Health weekly reports of deaths due to dangerous diseases. M.G.L. c.I 11 &.29. 6. Receive notices of school children sent home because of dangerous disease, M.G.L. c.71, %55A. See the School. Health Manual. 7. Report to the Depa.ilment of Public Health cases of a certain contagious disease occurring at diary farms. See 105 CMR 310,100-110 for Iist of such diseases required to be reported. 9. Receive reports of any inflammation, swelling, redness or unnatural discharge from the eyes of an infant less than -two weeks old, and take immediate action to prevent blindness. M.G.L, r-111, s.110. 9. Receive reports of persons afflicted with cerebral palsy, and submit an annual report of these cases to the Department of Public Health, M.G,L, c,111, s.111A. 10. Provide anti -rabic vaccine and treatment. M.G.L, c.140, s.145A, 105 CMR 335, 11. Supervise or carry out the disinfection of dwellings which have housed a parson who has suffered from or died of a disease dangerous to the public health. M.G.L. 0,111, s,109. 12. Receive reports of food poisoning and send these reports to the State Department of Public Health, 105 CMR 300.000. 13. Receive notices from inspectors of the Division of Ocoupatio.nl Safety regarding violations of health laws or nuisances in industrial establishments, investigate these reports, and enforce appropriate laws. M,G.L, c.149, s,136. C. Housing and Dwellings, 1. Enforce Chapter lx of the State Sanitary Code; Minimum Standards of Fitness for Human Habitation, M.G.L. c.111, ss,127A and 127B:, 105 CMR 410,000, enforcement of Chapter II includes inspecting dwellings (upon request or upon the board's initiative) for compliance with the minimum standards, certifying violations, issuing orders, holding hearings, granting variances and instituting court proceedings if necessary to enforce such orders, 2. Enforce the State Lead Poisoning Prevention regulations, M.G.L. 4,111, s, 198; 105 CMR 460.000. Enforcement of these regulations includes inspecting dwellings (upon request or upon the board's initiative) for lead paint, issuing orders for removal of lead paint, and instituting court proceedings to enforce such orders if necessary. 3. Review and approve or disapprove preliminary and definitive plans for the subdivision of land. M.G.L. c.41, ss.81S-BI.V. 4. Inspect and certify public lodging houses for wateralosets, urinals, ventilation and cleaning. M.G.L. c.140, 06. 3 D. Hazardous Wastes: I , Assign the site for a hazardous waste disposal facility as follows (M.G.L. c, l 11, s. 150B)-. a. Notify the Department of Environmental Protection (DEP) of the receipt of an application to assign a site. b. Assess significance and degree of danger to public health and consider and evaluate any evidence submitted. C. Give public notice and hold a public hearing. d. Every decision of the board in assigning or refusing to assign a site must be in writing and include a statement of reasons and facts relied on. 2. Chairperson of board serves on the local assessment committee, established whenever a developer seeks to construct and operate a hazardous waste facility within the city or town. Committee has certain duties including negotiating with the developer, entering a contract, and adopting necessary rules and procedures, M,G,L, 0,21 D, 0. 3. Notify the mayor and city council or board of selectmen of the following (M.G.L, c.21C, s.4): a. Pending applications for licenses for the collection, storage, treatment, or disposal of hazardous waste, upon notification from DEP. b, Information supplied annually by DEP identifying types and quantities of hazardous waste generated, stored, treated or disposed of within the city or town. E. Solid Waste: 1. Assign sites of sanitary landfills, refuse incinerators, waste storage or treatment plants, and refuse transfer stations, after a public hearing. Ensure that these do not present a danger to public health, M.G.L. c.111, 050A. 2. Consider and act on applications for permits for the disposal of special wastes. 310 CMR 19.16. 3. Consider and art on applications for special permits for salvaging or recycling materials from sanitary Iandfill sites or refuse transfer stations. 310 CMR I9.18; 18.15(1). Periodically inspect sanitary landfill sites, and provide written notice of deficiencies, 310 CMR 19.25. Periodically examine and evaluate refuse transfer stations, 310 CMR 18.04. 5i 6. Inspect and verify satisfactory completion of all corrective work to sanitary landfill projeets. 310 CMR 19.26(3), 7, Handle requests for variances of regulations governing sanitary landfills and refuse transfer stations (forward these to DEI'); keep notices of the grants of these variances 310 CMR 19.32,; 18.27, Keep on file an emergency pian governing emergencies occurring at a refuse transfer station. 310 CMR 18.21. �'. Se�ta_�e and Garbage 1. Enforce Title V of the State EnvironmOntal Code; Minimum Requirements for the Subsurface disposal Sewage, 310,CMR 15.00, 2, Make rules and regulations for the removal, transportation and disposal.of garbage, offal and other offensive substances. M,G.L. c,111, s3l.B. Issue pennits for the removal or transportation of garbage, offal or offensive substances when such refuse has been collected in the city or town, Keep registry of all transporters of refuse through the city or town, and enforce local rules and regulations regarding such transport, M.G.L, c.111, s.31A. G. Nuisances: 1. Investigate nuisances which in the board's opinion may be injurious to health, The board shall destroy, prevent or remove such nuisances, and shall make regulatiozls relative to nuisances, M.G.L. c.111, s.122. 2. License noisome trades M.G.L. c.111, s.151. 3. Assign location for slaughter houses or other noxious or offensive trade. M.G.L. c.111, s.143. H. Food: ] , Issue permits for all food service establishments, including restaurants and food service facilities in stores, recreational ramps for children, family style campgrounds, institutions, hotels, motels, schools, retail food store, mobile food units and pushcarts, etc., 105 CMR 590A52. 2, Enforce Chapter X of the State Sanitary Code: Minimum Sanitation Standards for Food Establishments, 105 CMR 590.000. Enforcement includes conducting inspections, issuing orders, suspending or revoking permits where necessary. 3. Issue permits for plants which break and' can eggs. M,G.L. c.94, s.89. 4. License milk pasteurizatkon plants. M.G.L. c.94, s,48A. 5. City health departments shall have milk inspectors. Town boards may appoint milk inspector. Inspectors must inspect and license milk producers and dealers. M.G.L. c.94, s.33 and s,40. 6. Issue permits for plants that bottle carbonated non-alcoholic beverages. M.G.L. c.94, s.IOA, inspect such plants, and revoke permits where ptants are found to be unsanitary or otherwise in violation of public health rules and regulations, M.G.L. 94 s,10C; 105 CMR 570 et. Seq. Send to the Department of Public Health copies of all licenses, applications and half the license fees, 105 CMR 574.002. Notify each owner prior to the expiration date of each permit and close plants that fail to renew such permits, 105 CMR 570.002. M.G,L, c.94, s.1OC, 7. Register and inspect bakeries and enforce State Bakery Regulations. M.G,L. c.94, s,94F; 105 CMR 550.000; 105 CMR 551,000. Furnish MDPH with monthly reports of inspections, 105 CMR 550,001, $. License plants that manufacture frozen desserts, M.G.L. c.94, s.65H; 105 CMR 561.000. 9, inspect cold storage and refrigerated warehouses, M.G.L. c.94, s.67,, 10. Enforce M.G.L. c.130, s,81 which prohibits importation of shellfish which have not been certified by a United States or foreign shellfish regulating agency. 11. Enforce statutes and regulations relative to the adulteration and misbranding of food. M.G.L. c.94, ss.186-195. 1. Poots and Beaches: 1, Enforcement Chapter V of the State Sanitary Code: Minimum Standards for Swimming Pools, 105 CMR 435.000. Enforcement includes issuing annual permits, conducting examinations, issuing orders, holding hearings, granting variances, taking water samples. 2. Enforce Chapter VII of the State sanitary Cade: Minimum Standards for Bathing Beaches, 105 CMR 445.000, Enforcement includes issuing annual licenses, approving plans for new or altered beaches, issuing orders, holding hearings, granting variances, receiving reports of accidents, taking water samples. 3. Prohibit swimming In water that fails to meet proscribed standards for bathing, 105 CMR 445.10 (-3). 4, Review plans for new or altered bathing beaches, 105 CMR 445,16• J, Camps, Motels and Mobile Home Parks; I ; Inspect all recreational camps for children and family style campgrounds, motels, mobile home parks and cabins; and annually issue licenses for these facilities, 91 M.G.L. c,140, ss.32B and 32C. Send copies of family style campground permits to the Department of Environmental Protection. 2, Enforce Chapter VT of the State Sanitary Code:.Minimum Standards for Developed Family type Campgrounds, 105 CMR 440,000. Enforcement includes conducting examination; issuing orders; issuing, suspending and revoking licenses; holding hearings; granting variances. 3. Enforce Chapter N of the State Sanitary Code: Sanitary Standards for Recreational Camps for Children, 145. CMA 430,000. Enforcement includes inspection, issuing orders and licenses, conducting hearings, granting variances, K Miscellaneous; 1, Pesticides a) Local boards may make reasonable health regulations regarding pesticides provided such regulations are not inconsistent With the Massachusetts Pesticide Control Act, M.G.L. 0,137B or state regulations, 333 CMR 2;00. Wendell v. Attoey Gener i 476 NE 2°d rn585, 394 Mass 518 (1985). For example, a city or town may want to give its board of health an opportunity to determine whether the proposed application of pesticides in particular locations would be consistent with the products labeling or other restrictions imposed by the Department, Wendell Y. Attorne General su ra 394 Mass at 528. b) Receive public notice of the application ofherbides from applicants that intend to maintain a right of way by the application of herbides. 333 CMR 11".07. 2. Nominate animal inspectors,'M.G.L c.129, s.15. License massage parlors, M.G,L. c.140, s.51. 4. Issue burial permits, M.G.L, c.14, s.45, 5. License and if necessary revoke licenses for funeral directors. Transmit to the hoard of registration in embalming names and addresses of all Iicensces, M.G1. c.114, s.49. 6. Approve location of cemeteries, M.G.L. c. 114. 04. 7. Retain charge of any case arising under M,G.L. 0.111 in which the board has acted. M.G.L. c.111, s.32. S. Enforce all local health regulations promulgated pursuant to M.G.L. c.111, s.31. I Smokin 1. Receive written complaints regarding the willful failure or refusal to comply with the indoor Clean Air Act regarding restaurants, supermarkets or retail food outlets. M.G_L. c.270 s.22. 2, Inspect the area described in the complaint and enforce no -smoking laws. M.G.L. c,270 s,22, 3. Provide written response to complainant within 15 days and send copies of the complaint and response to MDPH. M.G.L. 0.270 s.22. ADDITIONAL POWERS AND AUTHORITY OF LOCAL BOARDS OF HE' ALTH IN MASSACHUSETTS Local boards of health in Massachusetts have historically played a crucia[ role in the protection of public health, promotion of sanitary living conditions and protection of the environment. In recognition of the importance of local leadership and action in these areas, the legislature has enacted over the years numerous statutes which authorize and thereby encourage local boards to be responsible for dealing with the broad range of health, sanitation and environmental problems at the local community level. The following is a list of statutes which giant additional powers and authority to local boards of health. Each time includes a citation to the appropriate statute. The items have been grouped under general subject categories which parallel, where possible, the categories in the prior lists of required local activities, A. General Health Protection and Regulation - 1. e ulation:1. Adopt and enforce any reasonable health regulations. M.G.L, c.111, s.31. 2, issue an order reciting the existence of an emergency and requiring that such action be taken as the hoard deems necessary to meet the emergency, State Sanitary Code, Chapter 1, 105 CMR 400.200(B), pursuant to M.G.L. c.111, s.127A; and State Environmental Code, Title 1, 310 CMR 11.05(1), B. Health Care and Disease Control: 1. Direct the operation of and adopt rules for city and town medicat dental and health clinics, M.G.L. c.111, s.50 and hospitals, M.G.L. c.111, s-92- 2. Require vaccination of inhabitants -of the city or town. 3. Order the fluoridation of public water supplies, (This order may be overturned by a referendum vote,) M.G,L. c.111, 83C, Appoint school physicians, M,G,L. c,71, s.53, S. In cities, and in towns with a populatiion greater than ten thousand, establish public sanitary stations, M.G.L. c.111, 8,33. k. Isolation and quarantine of individuals and property relative to communicable disease Chapter 111 sections 92-121A G. Housin and Dwellin s: 1. Condemn a dwelling which is unfit for human habitation, order the occupants to vacate, order the owner to clean the dwelling or tear it down (or the board may itself clean or tear down). M.G.L. c.l 11, s,127B. D. Nuisances: 1. Condemn all nuisances; clean or tear down a nuisance. M.G.L. c.I 11, s.128. E. Food: 1. Inspect and condemn all unfit meat, fish vegetables, ` produce, fruit or provisions of any kind, M.G.L. c.94, s.146; 105 CMR 590.059. 2, Adopt and enforce regulations relative to the keeping and exposure of food for sale. M.G.L. c.94; 2.145. 3. Adopt and enforce regulations for bakeries and close bakeries found unfit for the production of handling of foed or dangerous to the health of its employees. M.G.L. c,94 s.9D-9M, 145 CMR 554.14. 4. In towns, appoint milk inspectors. (City boards of health are required to appoint milk inspectors.) M.G.L. c,94, s.33. 5. Adopt bacterial standards for milk which are stricter than the standards adopted by the Department of Public Health M.G.L, c, 94, s. 13E. 6. Upon determination that drinking water in a dwelling or food service establishment is unsafe, order discontinuance of use or order provisions of a new source. M.G.L. c.111, s. 122A. F. Miscellaneous: 1. Adopt and enforce regulations to control air pollution. M.G,L. c.I 11, s,31 C. INSPECTION TIMETABLE FOR DOARDS OF HEALTH The following list describes the majority of inspections Boards of Health are required to perform, It is not intended to be a comprehensive formal listing of all inspection requirements. 1) Food Establishments 105 CMR 590.000, State Sanitary Code Chapter X ■ Inspect food establishments every six months. 2) Bathing Beaches 145 CMR 445.000, State Sanitary Code Chapter VII ■ Inspect accredited bathing beaches twice during operating season, • Take water samples twice monthly from accredited bathing beaches during bathing season. ■ Periodically inspect no accredited beaches to determine compliance with physical and bacteriological water quality standards. 3) SwimmingPools 105 CMR 435,000, State Sanitary Code Chapter V ■ -Inspect periodically and before issuing annual permit. ■ -Take samples of swimming, wading or special purpose pool water for bacteriological analysis prior to its opening, 4) Family Type Campgrounds 105 CMR 440,000, State Sanitary Code Chapter V1 ■ Inspect periodically with the exception of those operated by the Commonwealth, ■ Renew license annually if inspection reveals compliance with the provisions of the code, 5) Recreational Camps for Children 105 CMR 430.000, State Sanitary Code Chapter IV • Inspect yearly and issue license annually if found to be in compliance with requirements of the code. Other town inspectors also must approve for license. ■ Board of Health may also inspect at any time if there is reason to believe that a violation or violations of this chapter exist or upon request or complaint for any reason, 6) Subsurface Disposal of Sanitary Sewage 105 CMR 15.00, State Environmental Code Title 5, • Inspect the installation of all sewage disposal systems, • Witness percolation tests, deep observation holes, and performs site examinations for each system. 7) Housing (Human Habitation) 105 CMR 410,000, State Sanitary Code Chapter 11 • Inspect a dwelling or dwelling unit upon receipt of a written, oral or telephone request. Refer to code for specific timetable requirements. 8) Cabins, Motels and Mobile Home Parks M.G.L. Chapter 140, Section 32B, 32C • Inspect periodically and renew licenses annually, of inspection reveals compliance with applicable regulations. g) Disposal of Solid Waste by Landfill 310 CMR 19.00, State Environmental Code ■ Periodically examine and evaluate sanitary landfills. STATE REGULATIONS COMMONLY USED BY LOCAL BOARDS OF HEALTH MASS. DEPT. OF PUBLIC HEALTH: THE STATE SANITARY CODE 105 CMR 300.00 Reportable Diseases and Isolation and Quarantine Requirements 105 CMR 400.000 General Administrative Procedures 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation 10 105 CMR 430.000 Minimum Sanitation and Safety Standards for Recreational Camps for Children 105 CMR 435.000 Minimum. Standards for Swimming Pools *(310 CMR 12,00) 105 CMR 440.000 Minimum Standards for Developed Family type Camp Grounds *(310 CMR 14.00) 105 CMR 445.000 Minimum Standard for Bathing Beaches *(310 CMR 17.00 105 .CMR 460.000 Regulations for Lead Poisoning Prevention and Control 105 CMR 590,000 Minimum Sanitation Standards For Food Establishments *Regulations which were previously available under asterisked D.E.P. CMR. numbers. (State Legislature transferred to MDPH FY87) 310 CMR 15.00 Title 5 Minimum Requirements for Subsurface Disposal of Sanitary - Sewage 310 CMR 1.9,00 Disposal of Solid Waste by Sanitary Landfill PRICE LIST 105 CMR400.000 through 419,000 (in one publication) $ plus postage 105 CMR 420.000 through 499.000 (in one publication) $ plus postage 105 CMR 590.000 through 595,000 $ plus postage 310 CMR 11.00 through 17.00 $ plus postage Sus o 310 CMR 18.00 through 21.00 $ P - NOTE; Any single regulation may be purchased separately. ABOVE ARE AVAILABLE FROM: Secretary of State Bookstore at these locations: State House State House West First Floor, Room 116 43 6 Dwight Street Boston, MA 02133 Springfield, MA 01103 1-617-727-2834 413-784-1376 W h 11 THIS I5 A GUIDE ONLY, .. Update; Mar. 2003, Charlie Kaniecki, M.D.P.H. District Health Officer MASSACHUSETTS GENERAL LAWS FRE 11JENTLY USED BY LOCAL HEALTH OFFICL418 The following are cited in the Manual of Laws Relating to Public Health: Cha ter Section Description 40 54 Restrictions on Issuance of building Permits 347 Availability of Water Supply 41 23 Rescission of vote by selectmen; election of other officers, 367 tenure, etc. 41 81U Subdivision Control Act. Board of health authority 389 79A 13 Enforcement of state sanitary code; displacement of persons; 507 moving expenses; state financial assistance; reports 1 ] 1 31 Health regulations; publication; violation 881 111 122 Regulations relative to nuisances; examinations 947 111 125A Review of order adjudging the operation of a farm to be a 949 nuisance 111 127B Dwellings unfit for human habitation; order to vacate or to 951 abate nuisance; removal of occupants; demolition expense, lien; inspection reports, code violations; notices, enforcement proceedings, jurisdiction; appeal 111 131 Compulsory examination of premises; complaint; warrant 963 111 141 Application to county commissioners from refusal or neglect 966 of board to abate nuisance; hearing notice 111 18$ Disposition of fines and forfeitures 993n 12.9 14B Feeding garbage to swine; definitions; permit; application; 1315 revocation; processing of garbage; inspection of premises; entry; record 140 51 Massage; baths 1422 12 148 25B Buildings used for human habitation; use of space heaters 1181 occupied for dwelling or residential purposes; criminal penalties; civil remedies; jurisdiction; sections applicable to acts of reprisal, waiver in leases or rental agreements prohibited. 218 26 District Courts --- Criminal Jurisdiction (General Provisions) 1576 AMB �? Massachusetts Resources Massachusetts DAH ❑PH Food Protection Program The Foodborne Illness investigation and Control Reference Manual : a comprehensive guide to foodborne illness surveillance, epidemiologic and environmental investigation, and control. Office of Patient Protection_: DPP can assist with resolving issues around claims, benefits, and denials of care, they administer the external appeal process and can provide help and guidance on filing a request for external review Massachusetts DEP IEP Title 5 Massachusetts General saws State Ethics Commission Educational Materials Tobacco Control Resource Center Doctors and Acupuncturists Information Consumer Affairs Er Business Regulation Board of Registration in Medicine Division of Professional Licensure Non Profit Organizations Massachusetts Public Health Association Public Health Museum Mass. 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Public Hearth MAjobs pesigned by Elegant Thernes I Powered by Wo rd Press Robert's Rules of Order Online - Voting Procedures and Voting Methods Page 1 of 5 Robert's Rules Online: RulesOn ine.com Robert's Rules of Order Revised, Ti oui th Edition, with Up -to -Date Annotatioi.zs! liame f Plan for Study — :t Index M GETTING STARTED! iTahte of contents Precedence Table of Rules Preface' _,. - .-_..... Introduction_-� J 6 RULES OF ORDER: l4ssemblies 1 ,Classification -II PriVlleged-III In_eidental-IV ;Subsidiary -V I jCommlttees�BoardsrTX 1 'Drficers�Minutes.K } MIS Ceilaneous-XI M f4EETINGx f ASSEMBLY: Orgs�Meekings-KiI �i Rights/Trlals-XIII _ I._� .SL#te hlap -1 $5 OF INTMS ., rt Questions? 4i -�{ ) tONR 11th edition -Pani Wehsite� pea Websites 1www.ParliPm.org Art. VIII. Vote. 46. Voting 47. Votes that are Null and Void ever if Unanimous 48. Motions requiring more than a majority, -p�at You &ed to the rJtair, 46. voting. If the question is undebatable, or debate has been closed by order of the assembly, , ow Immediately after stating the question, puts it to note as described under Putting the Questran [s], only allowing For more Yiformatlon on time for memtters to rise if they wish to mato a motion cl higher rank, how, to uaa parliamentary procedure e4td For toots if the questtcn is debatable and no one rlses to claim the floor, after the question is stated by the chair, he and tutorials that can be should inquire, "Are you ready for the question?" After a mI pause, it ria erre rises, he should put the useful, go to question to vote. IF the question Is debated or motions are made, the chair should wait ural the debate has www.parliprn,org . apparently ceased; when he should again Inquire, "Are you ready for the question?" HaOng given ample time For Boons any one to rise and claim the floor, and no ono having dons so, he should put the question to vote and announce the result, I Search this site The usual method of taking a vote is t9va trace (by the voice). The Moos require this method to be. used n Congress. In small assemblies the vote N often taken by "show of hands;' or by "raising the right hand" as it is also salted. Tha other tri thuds of voting are by rising; by ballot; by roll call, or "yeas and nays," as It is also -Home f called; try general coni ent; and by mail, In voting by any of the first three methods, the affirmative answer aye, or raise the right. hand, or rise, as the rase may be: then the negative ansv�er rm or raise the r;,ght hand, or rise. T'ha resironsiit my of annocmcing, or declaring, die vote rests upon the chair, and he, therefore, has tha right to have the vote takeat again, by rising, if he is in doubt as to the result, and even to have the vote cc rated, If necessary. He rmrtck have the vote taken by ballot or by yeas and nays (roll call) unless it Is required by the rules or by a vote of the assembly, Brut I the viva voce vote does not make him positive as to the result he may Fit once say, "Thovs. In f8, nr Of the malar will rlse;' and when they are: seated he will cantina=, "Those opposed will rise." If this does rot enable fpm to determine the vote, M should say, ,toe ki favor of the motteet [or, Tliose in the affirmative] vAll rise and stand until counted;' He then counts arise standing, or directs the se'retary to d,� so, arrd then says, "Be seated. Those opposed Co-, Tinse in the negative] rise and stand until counted." After both sides are cmrftd the chair anncurr..es the result as shown below, In a very large asserrbty the chair may flrxi it necessary to appokit tellers to mutt the ante and report to him the numbers. In small assemtties a show of hands may be substituted for a rising vote. Whelt Hte vote is taken by voice or show of hands arty member has a right to require a dlvlsran of the mssernbfy [251 by havlrig the affirmative rise ark them this negative, so that all may see how members vote. Either before or after a daclsan any member may c9 For, or demanJ, a count, and, if seconded, the chair roust put the quesOn on ordering a count. In orym1mbufs where It is desired to allow less titan a majority vote to order a count or tellers, a special rule should he arUpted spec#ying the necessary vote, Where no rule has been adapted a majority vote Is required to order a count, or that the vote be taken by ballot or by yeas and nays (roll call). Ammvuac(np b're trate. When the vote has been taken so that the chair has no doubt as to the result, and no division is tailed for, or, N so, the assembly has divkded, the chair proceeds to annuun:-e, or declare the vote thus: 'Tlte ayes have it and the resoluaicot K adopted." If he Is riot very positive, he may say, "The ayes seem to have It;' and, If no ona says he doubts the vote or call's for a division, after a s)lght pause he adds, " 1Tte ayes have it," etc, if the vote was by show of hands or Fly rising, it would be annomced thus; 'Xie affirmative has It (or, the mQt1on Is carried) and tine question is laid on the tattle;" or If there was a cnunF, the vote would be announced thus: "There are 95 votes in the affirmative, and 99 in the negative, so the amendment Is lost, and tha quedlan is now on the resolutktn; are you ready for die questlen7" In ar4tauncing a vote the chair should site First whether the motion is tarried or lost; second, what Is the effect, or result, of tha vote; and third, what Is the immediately pending question or business, IF there is any. If thare is crone, he should ask, "What is the further p!easure of the asserntW"fine of the most prolific causes of mnfusicrr in tietberative assemblies is the neg$act of the Lha Ir to keep the assembly well informed as to what is the pending bn;irtess. The habit of announiAng the vote by simply saying that the "Mallon is carried" and then sitdrx} down, cannot be too strongly conderrmed. Many rrrembers may not know what is the effect of the vote, and It is the chair's duty to Infirm the assembly what is the result of the motion's being carried or lost, and what busktess comes next before the assembly. When a quorum [6 4) is present; a majority vote, that ii' a major#y of the votes asst, Ignoring blanks, is suff9dent for the adoption of amy motion that Is In rider, except those mentioned 111 48, which require a two-thtrds vote. A pli.xality never adopts a motion nor elects any one to office, unless by virtue of a special rola previously adapted. on a tie vote the motion Is lost, and Oe chair, if a member of the assembly, may vote to make it a tie unless the 1/6/2017 L TOZ/91I w,, q, S o- coa!jjcuoo•autluosalnx'A"A,MLL:d-gq saleplpL??�1 a4l JO SODUP l sau'aloA;ualnpmij auo se pa;urim ale Aeq} Jay}abna Papp] ate sloileq Ino-pa]11) aw�q1 .b DMI uagM sa;oA JOE1 aLp JaUe ,'SwOA 100111- Jo 6ulppa4 aLO aaPun palaodai aq pin4s sa;nA 1ua[nPa" pue suosaad agIGllaul tai sa}oA •]olleq aql uo ualVm se aweu noxa a4; epsoddo sa;un InjjTop asagz rxtpmxld 'warp 01 Pae5aa L; suollxlsul %�j Gu]4KR 1Mg11+'^ hada llnJ alag3 atlew Rout saallal 01-p '11nsa1 ZLIJ PeJJe yuu 111m s;Gle{ InJlcImp os alp Ji'pB+Ipn aq pSno45 lulleq &LA UJNM a} se i4qutasse atn 01 uonearb leg; l!wgns aauo 1e 11!M ogM'aletp OL a} Mxdat in 'RMse palaoCal aq lsnw 41 '1011 2q eq; uo'Bweu 041 LP [m aacquraw alg151ja ou puk Sdweg asa41 tn!M Imeplpueo o,6q ate eaa41 A lnq :ese43 Ja auo sl auteu asogm alep!Fum ag; of pal!pwo N Plnnls 11 „auolsuya „ -w „'uxsu4cc„ .10 ;'uosuyor, ua171trn sI 1oneq a Ji'Pallpao as aq prow I9 sa;ep!p'uaa a41 Jo alsa Ja aweu aq; q!I Ttrms gqeq aip un =eu a44 aaattm sawn I[e ui'papualul sew;etlnn snwul auo A.rana ,� Ajpt4„ ua; tm 5-1011eq a JagwOw a J0 lelt3 041112 J1'aaue1sul uo4 -leap sI 101leq 841;a 5nueaw atn JI Pan3ou aq 3ou PT043 'pi- a Jo Fit;gladsslut 041 OVI 'St -u le etxlx; IlewS 'Ileal et ; fiu112"Juno P P0412+•u qql OLgcape a;aA o} yslrn ,cu op atlas ssagwaw a41'p veda.; vu aae pue',aded alsem Apdwp se Patou51 aae S lugq i1V 'NP101 sem 11 LIPAIM g11M �Oleq aqi Jo urypaiat agl —23 lou pinans Ppb loneq a se Pa;unoa lou 9 leaded Jo ama1;1 slueY4 V Ioalnpneaa se palydtat we gpx3'1a41aGol paploJ uaaq ane4 W 1e41 PunoJ S{ 11 SP.I.eq a O BulpgoJun uI JI 'satal[txl eLn lunnu 14 paaoorJ s'gPl 041 uodnaaayM .'PasDP ate slpod agL,'sAes aq a5o5dsaa "i s! wN; At pue 1.tcq gF.Im mini pa1QA Ile aAe14u swinbul rpe4a aq} `pa;oA aAeq of s teadde am AaMAa uatjM •papioJ lou q 1g1eq X11 JI pasodxa eq Aew aloA alp 'MCA sl 1olteq aua Al1ra }RLI} sanlasW241 NIA451125 us 'lail"q 0tp b4P]oJun u! 1! 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LI 'Algwasse 041 Jo aagwaw a JI slop 8113 E�j;pnpul'A1pa bLu a Aq �Iua paszOAaa aq um imp am J0 ucj5pap aLn;eell aldlau!sd "=q1 md'1 'aletp aq; surxlsns `011 a 11 GPM a)m Sit 140my uana'alan all a „;-Algwasse 8414;o luaul6pni agl se PLWi ale4a aqi Jo uots!oap a41 11e4S„ 'SI uoI}senh atp y6no41 '[tg] leadde U P asm uI 'aw 6415em 841 an,10 uaLp pue -4q a a4etu W lsal}'em!M; alon'aaA0nw4 'louueo u!nlu a.11 '101peq Aq sl a;oA 9 jo Z aftd spozPOTM 9urIoA Pu -9 s9xnpa00aa �3LTROA - ;Dulluo tap o jo solmd s,:pogo}j Robert's Rules of Order Online - Voting Procedures and Voting Methods Page 3 of 6 should he arranged In Order, the one receiving the highest number of iepl votes being first. In reporting the number of votes cast and the number necessary for erection, ag votes except blanks must he counted. Suppose the t0ers find 100 ballot papers, 4 of which are blarfc. 1 contains two f ISed•out was folded together, and 50 are cast for a person who is [ne%ibre because of having held die office as long as permitted by the censtrrutkon: the tellers' report shottrd be in Oils farm: Number of votes cast ...................... 96 Necessary fox election ............. ...... 49 Mr. A seeelved 37 Mr. HFeCeived .................. ........ a Illegal Votes Mt. C fineligiblel received ............... 50 one ballot containing two far sir. a, folded together, rejected as fraudulent........ i The teller fir=. nailed, standing, addresses the chair, reads the report and hands It to the chairman, and takes his seat, without saying who Is elected. The chap; man agaln reads the report of the tellers and declares who Is elected. In the case just g7ven he says there is no electen, stating the reason. If no One Is elected, It Is rrrcessary to ballot again, and to ccnUrue balloting until there is an elad[on. The chairman shLuk1l always vote In case or a ballot ShmId he rail to do so before the polls are closed. he cannot then do it mt out the permission of the assembly. When this tel9-rs report, they shm4d hand the Mlots to the secretary, who sNAM retain them voul it is certain that the assembly will not order a recount which Is within its power to do by a majority vote. Yeas and Nays,= or Rall a#3 When a vote has been on5ared to be taken by yeas and nays [see 25 For tale motion] tlhe chair puts than tiuestion In a farm similar to this: "As many as arra In favor of the adoption of these rem)utlons wlll, as their names are called, answer yes [cc yeal, those opposed wail Alswer rho for nay]:' The chahrman then directs the clerk to call the mil. The negative being put at the same time as the affirmative, It Is too late, aftcs one person has answered to the roll call, to renew the debate. The clerk calls the roll, and each member, as Fns name is called, rises and answers "yes" or "no;' or "present" it he does not wish to vote, and the clerk notes the answers in separate cc mins. Upon the crmpfetton of the roll call the clerk reads the names of those who answered Sn the affirmative, and afterwards V(Q5e. in the negatr e, and then those who answered "present," that mistakes may be corrected; he then gives the number voting on each side to the chairman, who announces the result. An erAfy must be made in the minutes of the names cd all vcdrkg 7n the affirmative, and aim of those is tate negative, and those who answered "present." A method of noting the answers at the roil call is to write the figure f on the left of the name of the fist member answering In the affirmative, the figure 2 to the left of the second nail,, in the affirmativa, and sac On. The negative answers are treated similarly, being entered an the right of the names, and those answering "poeseni'sltcruld be entered similarly h a third cOrumn. In this way the last figures on each side at any time show how the vote stands at that Hma. The yeas and nays cannot be Ordered h committee of the whole. General Coll_- nt, eusirvss can be expedlted greatly tyl acokling the formakty of motions and voting In rou[rne business and on goestbris of tittle hmprutance, the chair assuming general {unanimous} corrent until some one objects. It does not necessarily mean that every member is In favor of the motion, but, that knowing It is useless to oppose It, or even to discuss it, the opposhbi sFmply acquiesces in the informa4ty. Thus, in the case cd approving tha mlrwtes, the chair incilres If there are any corrections, and, If one Is soggested, It is made. when no carection [or no further aorrccticn] Is suggested, the chair says: "There being rxh corrections [or no Filrther corrections] the minutes stand approved." WhVe routine and minor matters can be rapidly disposed of in this way, If at any tin,: cbject[on is made with reasmabYa pmmptosss, the chair ignores what has been done in that case even if lie has announced tie resulrr, area requires a regular vote. [See also 48.1 Absentee baling In a strdly dellherath;e assembly no member can vote vdho is not Present when the question is completely put, But in many societies the membharship Is scattered all over a slate, or even still wider, and it has been found expedlent to provide a methad Of voting that will enable all the members to vote upon certain matters, as upon amendments to ccostitutims, by-!aws, and in elections of officers. This provision, when It is deemed "Isable to adopt it, should be paced li the ccnstitu5in or by-laws, as othevwlse, unless the charter or skate laws authorize albsentee viitilg, no member can vote except In person There are two forms of absentee voting -- by mail, and proxy voting. Volfro by Mall is used for electian of officers, and for amendments to the coristltWco or bylaws, and for such other important matters as the sodaty may order to be voted on In this way. If an amendment to the by-laws is to be voted on by mail, a printed cony of the proposed amendment is mal led to every member with the words "yes" and "rho" printed underneath, or on a separate sap, wrh directions to cross out one of them, and return In the enclosed envelope, upon which should be prbhtcd the words, "Ballot for Amendment to Constitution." This enverope should usually have ire signature of lie voter an It, and he sealed and enclosed in another one acItessed to the secretary, or to tlxa chairman of the tellers, sac that: the Inner envelope wilt not be opened except by the taTers when the votes are counted. If itis tL-sired to present the argurnents pro and con, the society can allow the leaders on the two sides to prepare brief statements to be printed and mailed with the proposed amendment to every marrber, Instead of having the voter's signature on the inner envelope, It may be 1 It' r1�ns'Z G i 42191 1 unci'go-.IOIT/TUOO';) TITIOSalnl•nn. M//:d-4T 'uaA!6 aq;cuuea saaivasge ay; Jo luasuoa;+41 as' Jauuo} aq1 uI •ago4laDas a of 145IJ aql aa'saagwaw luasge }a s3[IC$t agl 13a3aid se tans ]daaxa 's- nj aqi 10 3ule4sar a41.raJ e5n 8,111[I s! ala1-p '1aal0ad of 111 -mules ou sl aaagl uagM pup Agpou}w 341;0 ucpaaq[>ad a41 -j apew aJC Aa41 se'ainpaaoJd ja ragna a q7 xJ paesaa aSilll 47}M ssaulsnq op u Algwasse 91-p auasum'lual}s aq sntrulueun as `leaaua5 Ag a],OA of ou#ueu!] jo juqswj lgruaD Alg.w)sse a4l;u salsa ag1 Aq pawnbaa s1 ugldcpa sil JoJ a;on .[; 8kMj a ssalun )uaswd sl wmwb a alE tom du!laaw Ie&J a ae'srlue}q 5ulsau6l'a5eo saloA aql Jo Jl2q uegl aaau 'al;egl !Al!rojiau a A1uo uol;drpe q[ jo; saJlnbal'aloA Iq!rolew a uegi aaow bu!all7ual se mcleq paucquaw asegl 6uowa papm!Ul 1cu unllow maUgl6a; Auy a;<ryl /Q05AN •a}0A+C1}ao[epl a ueq; arow Hui,lpnGaa SuaplaW 'of, •laws aq 7ou p}nonA aloe a41 a5lnva4la se ';olleq Aq uo paja aq ysnul 'snouqueirn qal sem 11241 a10A a snoLupeun anew w w1;ow a 'lclleq Aq aq of aloA a1 -p aalrabaa salna aig uai.pm 'oS •uapJo Jo ]no s} uosaad aw Aq ]sen 1011eq agl aneq al uopow a 'lo!leq Aq aq lsnw urxlaala 341 uagM -op al pe"m aq laurrea eq ga]NM'aioA sf4 EuJsDdW ]no41yM iaajqu 1-[93 auo ou asneaaq ;uasud] 1paaua6 Aq ua,S papuadsns aq louuea ala s141'd14iiequlaw >a aYtp o1 suopaala ul lmsn s} se iolleq Aq q 01 aiaA R4; aalnbaa sa!na agl uagM •snu •aaplo Ja ]no sl Jaggo s141 sgea}ap lean Doti= Aare pue'saloA na47 lemuao o; s Lbq w a!gpuo 01 sl 37a[ga -11 '10llp4 Aq ualq a4 03 pannbaa si a10A a uagM ',AOA siowpJeun a Aq uo ruamca IPJauaB Aq papoi d&ns aq 3auuW 'smel-Aq 341 Ja ivawruawa ue se'sunllow uge mjo a:qw POUPW5 a Jo 6ulAp6'an 6u1u}nbaj afro e'aaueisu} Joh •luasuoa J}agl uaA15 Wu ane4 sae;uasge arp se raloA snoLqupun a Aq d;l;ewuvJ a0'luasuaa lajanB Aq ApCwaO;uf papuadsrrs aq lourea saa;uasge laalwdge1-p sapu •q�*fgns 1241 I* jua11s we wel-Aq aql ualM as of ul Alevu s1 'aapau Rip Jelp smel Aq a47 puawe al 210A spJM-QMi a CupAalle sru Aueivaure!lmd leJaua6 agl'os ]plus pue gnu aq pfnaM uonnl!MOu a43 JO a}�liae Ile }a luaauoa Iejauab Aq mppr Osns asp rOJ bulpina[d noel-Aq L, 'siigl 'Allxxnne Aue 3o s1 j V m ua4614 a JO Mru a 41!m slaMuoa 11241 alna ON pi(m pue !lrw s111 'a1aA snowryueun e fro Dana 'paldnpe sl uopaur a i4xs;! pue 'sloel-Aq ao ucllnlpsuoa s,Algwasse eql 4; M ua %Ms JO'tr0lleu a1-lg X smel 347 g1l,M 5PIJuoa 31241 Japlo ul sl ucpiow ON •snorulueup7 41 Dana p}oA PUP 1131 are Ie43 sagOA 'Lb 'JKaaw 2l6ufs a }o puewapagl uodn sAeu pue seaA Aq uayei aq Ism uopq = a uo aivn a sa[pnq llews awns ui •kgwnu n[gvtw gDnw eAq Dana ro'ssa Suo� dl so legoA yi!g -auo a Aq pamwD aq w shu pue =A 0q1 &AMOIJe e[ru a ldope pgio>{s AaglApoq au E;Uasaldai a u[ Alutww a Aq paraM Sujeq sAeu pue mAzip jq uolsfAwd leu%r1 )16wi rn lesal cu 51 amyl 11 •samseauriueV0dwJ un pa40AsanueluasaJdar•-1341 maq Awuq of aldoad ;N1 salge4a W, Se'PV 9119nd aye sf v(Paaxw �g arngn5 Anvpadsa'yn}asn AJA sl 6u140A Jo Poem sAl1 sappdg angnJuasardaJ ni -SAW pue seam Aq umel oq of aeon a s3pto'%sarsua,) Ja asAag Ruga u['u¢a yu�sa[dsragwew aql W gUU-ZW 1uopn-,psu00 ail AN •A�uargilsum e cy aA W0C15el7vu W9 sMZg Lkl amgat /ggwasseraµlo Au Irl jo Ttilaaw ssew a Dr Ile ie pam aq iou pinoys y 'paruasgo s! alar angle 241 se Urol se •ssauppq iapu[e[ ap pass aq ranao � 11 glttm .%lpalD0sAreu[pro ul Islam Alain s!'awll;a Yip Jeai6 a sawnsu+.n;i e[[4m 'pup'Aqunm 5Wi o1Jellnoad q rsaioAiagwaur q.ea moq pimar ag; uo meld of J�D1p gill ser[ 4pIgnt'shtj pup seam Aq slim a SuIjPA_ •T -1y0Jd f qumad loci sl +Gewlyd em4m suo};erJueEua 1}e u1 uopeaod= BLD:p 5- a vuaw Aq pyag aq of pannbaa eq pfnrrgs sa!xosJ aql oge pu='saopw p Gusprlt",.ul 'sJaqu;o la ugpga ) aql 01 puafwll aq PiEogs 11'sUORPJOEI o-3 Ile 01 6upaA A=d 5a9,rjb f Mel alas ail JT �l1om rlaLp 4J!m• aoua aaluI snouas a aq p#rraea -IxOA pal!unlun pue'saagwEim ]nq auou Aq papune 56ullaaw 4 paVesueul s1 sSauJsnq 341 pauolJuaw PDM a4; Ju sapalaos Auew ue ]ng •ivasum liar Jr[oanim ILmp5wd i q uea 0 11 axr pue '56unam .ipagl u} pmol are 5Rwaid au. pue',�7oallp Aq atop sl ssautsnq 341 I a50e.-)eq'wae4 ca saop 1! sug)wvndao�i Iaols 411m •8sea agl aq sou pin04s s{4J- •Alapas 341 Jo s6uplaacu ssau!sr[q We 42 81JI10A pue UMA sa!xoad euploq atagw; uw uou g'uamaud pinoo Ala}aos laJaas paleaodracul u pa sme}-Aq au 'Oullaaw ssau}snq Ile le KoA as 5alxwd luJodde 01 sugle adlou Ile Jo saagwaw saandodwa MCI Nels arl7 JI pup'Alalaos e'41 Jo �,N -Aq 31-11 anoge s1 mel 311215 3111. uC4,pj05. o agl Jb SANoaw lou ale 04M saJxM Rue lulodde of parnolle aq lou phots Aa1-IJ aaa;aaayj Pue'laws a>){} sraqulam 8ql Aq pails;sueal aq lauuea dlgslagwaw a}44,L laaaas saul}lawn ale 561-J91aaul ssaulsnq OSD14M'%ag0pJe43 snel6llaa.[o'lualoAauaq'layaos a JO saya!aos MPiod-mom! 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Wen the election Is not by ballot and there are several candidates one of whom reeesves a majority vote, sometimes a =Uon is made to make the vote urianimaus. It should never be rrWa except by the candidate with the largest number of votes after the siocessfuI one, or his representative, and ei en then its propriety is douhtrul. On-, negative vote defeats a motion to make a vote unanimous, as a sligle oNecdco defeats a request for general consent. By tate iag'thmate use (if the prirr-iple that the nrfas are designed for the protection of the minority, end generally nevi not be strict}y enforced when there is no minority to p<ntect, business may W greatly expedited. When there is evidently no opposition, tlrz ftirmi-ifttf of voting can be avoided by the chaffs asking if there is any objection to the proposed actirm, and If there is none, ail noun6ng the result, The actlon thus taken is said to be done by general consent, or unanimous or silent consent. Thus, after an order has been adopted limiting the speeclms to two minutes each, If a speaker is so interesting that when his time has exp9 ed there is a general demand for him to go cn, the chat•, instead of waltirrd for a motion and taking a voter could accept it as tie will of the assembly that the speaker's time i� extended, and would direct him hi proceed, Or, he might say that if there is rrn objection the member's tune will ba extended two minutes, or some other time, [See also 46:16] Two-thkvs Votc A two-thirds vote means two-thirds of the votes cast, ignoring blanks which shcu3d never be counted. This merit not be cor$used with a tote of two-thirds of the members Resent, or bon -thirds of die members, terms sometimes used tt by-laws. To ftstrate the d[ference: Suppose 0 members vote on a qua-�tfcst in a meeting of a society Miere 20 are present out of a total membership of 70, a two-thirds vote wWd be 10; a two-thirds vote of the members present would he 14; and a vote of trio-thlyds of the members would be V, There has been estaNished as a compromise between stn r5gUs of the indlOduai and the r)7hts of the assemUy the pdrraple that a two-thfrds vote is required to adopt any motion that suspends er modifes a rule cf order previously adopted; or prevents the Introduction cf a quest= for ccoslderation; or closes, or limits, or extends the flnhVs of debate; or limits the freedom of nomination or voting; or closes rominations or the polis; or deprives one of rnembeWhfp or office. It will be Found that every motion in the following Ilst belongs to one of the classes just menttoned. Motions Reryuiring a TWo•thirds Vote.; Amend(Abins; flew, -W, -Resxind) anypart of&e ConsbMwry 6y -laws, orRtdeS ofaVde, liL'Yl U-qr . adopt• Ralso regas'res prrvic;t5 notkC- - SS € Amend orRescr7ld a SranXV RUIN a Program & Order aFRus/ta% ar a o7g S- db; pii5vftWaJopiad, tttitkoutncdfce 6elltg_gMw ata pruWbus meeting oris the call kap•the rneet#V 37 7eka w a QtmsMn oral oflls Pmper Order 22 ' &WEnd me Rrdes -22 Make a Spectaf aWnr 20 DlsehaW an Oider orthe Cay before it o pmdk;g 20 Refuse M Proceed to dwe 0&,,,,Wdie co, 20 SLstala an Ohjacdon tc the @r wd^rathat afa Qr est'orr 23 f P�WGUs 29 I W, or Extend the 1Nnit$ of DePate 30 111 Emend the TimeAWPD1nfed ferAdjowmnentor(or Takiryq a Recess 20 € Close Abid n3dato [251 a, the? P&O 25 � 11W the Mmes to be VOW ror i &PEI irony MenrbffnVp: It 81M FA5&e and bial Ys D4-- r-ra Of&in ,tr also aWvkes pret lark rube u.scharge a COM,7 baa when previous now has oat been given 32 r jjj f Rieroa0erki Committee When a member ohne moon ay Is absent and has rept been nGbpWafdre ptOPUStd recv+slderatlon 3ei 1, Tile US, Constitution mqulres a twofhnr64 vote o both tauses to pass a resoUtloi proposing an ane)smant m the Corulitutkm, to pass a vetoed W, or to remove polib:al dtsehiMU; a two-thirds vote of etcher House to expel a member; and a vote of two-Wrds of the Sen3tus preselrt to ratlfy a [coaly or convict on an impeach Ment. Tile House req urres a two-thirds vote to suspend the ruts, but is obllged to atiovr a majority W order the previous %"scion or to limit debate, as otherwise as btairms could never be transacted, still, a Guide for Members of Public Boards and Commissions Commonwealth of Massachusetts Office of the Inspector General Glenn A. Cunha Inspector General February 2022 Edition, Vol. 2 About the Office of the Inspector General The Office of the Inspector General for the Commonwealth of Massachusetts (Office) is an independent agency charged with preventing and detecting fraud, waste and abuse in the use of public funds and public property. The Office investigates allegations of fraud, waste and abuse at all levels of government and identifies vulnerabilities and opportunities for improvement. Beyond investigations, the Office provides classes to public and private employees about compliance with Massachusetts laws that promote transparency, efficiency and accountability when governmental bodies make decisions, spend money and use public resources. Join the Office for Educational Opportunities The Office offers professional training through its Massachusetts Certified Public Purchasing Official (MCPPO) program on a broad range of topics, including a class for public hoard and commission members. This class helps public board and commission members oversee their organizations and ensure that resources are used appropriately. You can find the MCPPO class schedule an the Office's website at: www,mass.gov/trainingmcppo. Connect with the Office Please visit our website at www.mass.gov/ig and watch our YouTube videos on variety of topics, such as how to he an effective public board or comiriission member; fraud awareness and prevention in the workplace; public purchasing for supplies and services; and more. You can also follow the Office on Twitter @MassOIG and Unkedln @Massachusetts Office of the Inspector General. Office of the Inspector General One Ashburton Place, Room 1311 Boston, MA 02108 Telephone: 617-727-9140 Email: ma-igo-general-mail@r-nass.gov i I P a g e Table of Contents Guide for Members of Public Boards and Commissions...................................1 Practicesfor Effective Board Members............................................................ 3 1. Learn about the public organization...................................................... 3 2. Educate yourself about the role of your board (and your role as a hoardmember)...................................................................................... 4 3. Uphold fiduciary principles and act in the best interests of the public organization........................................................................................... 5 4. Exercise care when malting decisions and voting by informing yourself, asking questions and expecting answers ................................ 5 5. Actively oversee the executive who leads the organization ................. 7 6. Actively monitor and protect public expenditures ................................ 9 7. Consider your ethical responsibilities and follow the Massachusetts conflict-of-interest law........................................................................ 10 8. Operate in compliance with the Massachusetts open meeting law... 12 9. Ensure that you operate in compliance with the Massachusetts publicrecords law................................................................................ 14 10. Detect and report suspected fraud, wrongdoing or other misuse of public resources: If you see something, say something ..................... 16 Conclusion.....................................................................................................18 Appendix A: Sources of Advice and Assistance........................................19 Appendix B: Reasons for Entering Executive Session ............................... 21 Appendix C: Red Flags for Fraud.............................................................. 23 ii I Page Guide for Members of Public Boards and Commissions Congratulations on your appointment to a public board or commission (public board). Your service to the residents of Massachusetts is essential to good government. Thank you for your commitment to fulfilling your duties and responsibilities as a public board member. Public boards take many forms. Some provide direct oversight to a state, county or local governmental entity (collectively, a "public organization"). Other boards set po4icy for their public organization and some make advisory recommendations. Still others perform a combination of these functions. Whether you serve on a state, county or local board, you support a public organization that provides public services with public funds. Your work is important, whether you are advising your public organization on policy matters, approving salaries, reviewing the budget, or assessing the executive director's performance Your Who should use this guide? If your board has a role in overseeing the public official leading a public organization — or if your board provides input on a public program, the use of public funds or the care of public property — you should read this guide. Similarly, if you are a member of a board that provides advice or recommendations to a public organization, this guide will help you fulfill your duties as o participation, insights and engagement as a resident and active decision -maker are essential to ensuring that your public organization fulfills its mission and uses public resources appropriately. This guide outlines practices, such as upholding fiduciary principles, that will help you effectively perform your role. It also provides an overview of the laws that apply to your position. These laws relate to the meetings your board holds, your official acts and communications, Public boards take many forms, such as: and your individual conduct. ■ Public university boards of trustees • Redevelopment authority boards of trustees ■ Municipal light department boards of commissioners • Housing authority boards • Town finance committees • Library boards of trustees • Municipol select boards • Economic development authorities These laws serve to promote open, transparent and accountable government, all of which are essential elements to our representative democracy. Use this guide to understand your obligations and to help you perform your duties as a public board mernber to the best of 1IPage your abilities. The appendix at the end of this guide contains additional resources, including contact information for state agencies that interpret and enforce the laws applicable to you and your board. Thank you again for your commitment to fulfilling your duties and responsibilities as a public board member. 21 Page Practices for Effective Board Members The following practices will help you succeed in fulfilling your obligations as a public board member. 1. Learn about the public organization. When you are first appointed, get to know the public organization you serve. Learn about the public organization's mandate or mission, which may be found in state law or a local ordinance. A public organization's mandate often identifies the scope of its authority to carry out its pubiic purpose or service, as well as any procedures governing how it achieves its mission and any regulations or by-laws that its officers or appointees must follow. In addition, learn about how the public organization fulfills its mission. Read about the programs it operates and the segments of the public it serves. Ask for past annual reports and budgets, as well as a current organizational chart. Learn about recent achievements and upcoming initiatives or special projects.' Ask: • What is the public organization's mission or mandate? • What rules, regulations or by-laws govern the public organization, if any? Delve deeper and ask: • How does the organization carry out its mission or purpose? • How is the organization structured? • What is the organization's annual budget? Who sets the budget and who decides how it is spent? • Who are the senior officials in the organization and what are their roles? • What are the major projects or objectives that the public organization is considering over the next few years? What will be the projected cost of these projects? i The State Auditor conducts periodic audits of state agencies, quasi -state agencies and housing authorities. If you serve on such a board, check the State .Auditor's website, available at www.mass.gov/auditor, for audit reports on your public organization. 31 Page • Are the proposed projects and objectives consistent with the mission of the public organization and with the organization's budget and other priorities? The answers to these questions will help you understand how the public organization operates and will enable you to become an effective and involved board member. 2. Educate yourself about the role of your board (and your role as a board member). In order to be an effective public board member, you need to understand your board's rote with respect to the public - organization. Sorrre boards provide You should understand the b°ard's role direct oversight to ensure that the and responsibilities in order to guide the public organization toward the public organization operates effectively realization of its mission, goals and and in accordance with its mandate, I obiectives. while others work in an advisory capacity to help guide a public organization toward particular goals and outcomes. The board's role is usually set out in a statute, local ordinance or other enabling document. Ask: • What is the scope of the board's authority and what is the source of that authority? • What matters typically corse before the board? • Based on the board's tole with respect to the organization, are there other matters that should be brought before the board? You should also understand how the board operates, including how often it meets, now the agenda is established and the procedures that govern the meetings. As a starting point, read the meeting minutes from at least the past four board meetings. Ask: Public boards should meet regularly to facilitate open, vigorous and in- depth discussions in compliance with the Massachusetts Open Meeting Low, which is outlined later in this guide. • How often does the board meet? Is the board required to meet on a specific schedule and, if yes, what is that schedule? • Who sets the agenda for the meetings? Can board members submit topics for the agenda? 41 Page • Does your board follow written procedures for meetings, such as Robert's Rales of Order? • How does the board vote? Are all votes conducted in the same manner? Furthermore, take steps to learn selected, if there are limits for serving as an officer and whether your board may establish committees. Request lists of all current board members and committees. Ask: IC1w LIIC L:IIdII DeI�>UII d I I U UtI ICI UI I ILU I J df C Your board may find it helpful to adopt a set of written operating procedures, including for the conduct of ineetings, term limits and leadership appointments, if they are not already in place. ■ How are officers selected? ■ Does the board have committees and if so, how are members selected to serve on them? • Are there term limits for officers, board members or committee members? 3. Uphold fiduciary principles and act in the best interests of the public organization. In some instances, the law may consider you a fiduciary. A fiduciary is someone who owes a particular duty of care, known as a fiduciary duty, to an entity or individual — in this case, a public organization. A fiduciary duty requires an individual to act with good faith, loyalty and due care. A fiduciary must act in the best interests of the public organization. Even if you are not a fiduciary under the law, fiduciary principles should guide the decisions that you and your board make. Adhering to fiduciary principles will help the board recognize that it is a steward of the public funds entrusted to the organization, and that the board plays a vital role in ensuring the public A fiduciary is "someone who is required to act for the benefit of another person on all matters within the scope of their relationship; one who owes to another the duties of good faith, loyalty, due core, and disclosure." Slack's Law Dictionary 10th ed, (2034). organization fulfills its mission. As part of upholding fiduciary principles, the board should always act independently, with care and in the best interests of the organization. 51 Page Board mernbers who adhere to the ;fiduciary principles will be active participants in board matters, will stay informed and will act in the best interests of the organization. Fiduciary principles remind the board that it must act on behalf of the organization, not its executive. They will lead the board to actively oversee the executive and to expect accountability from the executive, which will help the public organization operate effectively, transparently and in accordance with Its mission. Using fiduciary principles as the framework for your board will result in an active, well- informed board that acts in the public organization's best interests and assists the organization in achieving its mission. 4. Exercise care when mailing decisions and voting by informing yourself, asking questions and expecting answers. To be an active and effective board member, you must be informed. Consequently, before your board meets, arm yourself with accurate information to matte thoughtful decisions. Take time to prepare for meetings in advance; read the materials that are distributed and think about the issues on the agenda. * low far in advance does the board receive meeting materials so that you can properly prepare for pending actions before voting on a matter before the board? + What is the procedure for requesting the organization to provide additional information, either in advance of or at a meeting? • What is the procedure for asking individuals from the organization to attend the meeting to provide additional information? Public discourse, analysis and debate are expected, whether public board members are trustees of a public college or commissioners of a local housing authority. When your board meets, ask probing questions that are relevant to the issue and debate the issue at hand during meetings to get information that will help you make informed decisions. If the chair of the board or an official in the organization does not provide you with the necessary information to make an informed decision, ask for it. if you do not receive the information you need, ask to change the date of the vote. Before voting on a matter, ask probing questions, such as: + What statutes or regulations apply to the requested action? ■ What internal procedures apply to the requested action and were those procedures followed? 6 1 P a g e • Does the requested action align with the public organization's mission, responsibilities, priorities and budget? • Do you need additional data so that you can make an informed decision? ■ Do you need to hear from others in the organization? For instance, does legal counsel or human resources have information necessary to make this decision? Finally, exercise your own judgment and always act in the best interests of the public organization. Do not allow yourself to be marginalized by an executive or fellow board member who may assert knowledge or expertise above yours or who simply does not agree with you. Do not rubber stamp official acts that come before your public board — your - work is important and you need to be informed. 5. Actively oversee the executive who leads the organization. It is likely that your public organization is run by an executive, such as a public college president, a director or other professional, and that your board is responsible for overseeing the executive. if so, respect the trust the taxpayers placed in you. While you do not want to interfere with the day-to-day management of the public organization, you do want to make certain that the executive's actions align with the objectives of the public organization. The executive reports to you and is accountable to the board. Be an active overseer. Expect the executive to timely inform the board of major projects, expenditures and initiatives. Use board meetings to discuss substantive issues with the executive, such as budget planning, capital projects and significant policy matters. Ask questions, seek clarification and get hack -up documentation. Collaboration with the executive will require open communication and information -sharing. Ask: • What are the executive's objectives and priorities for the organization? • Do these objectives align with the organization's mission and values? ■ What are the financial costs of achieving these objectives? To help both the executive and the organization, your board should conduct an annual performance evaluation of the executive. It also must establish a system to track and account for the executive's vacation, sick and work time. Both the performance assessment and the mechanism used to account for the executive's 71 Page time should be established in writing. The board also should ensure that the organization can track other expenses and requests for reimbursements. Consider establishing an independent audit committee The board should approve the executive's that reports to the board. expenses and reimbursements (at least those Among other duties, the above a certain dollar threshold). This includes committee could periodically reviewing the back-up documentation for the audit reimbursements and executive's expenses and reimbursements. expenses at the executive level. Staff who report to the executive are not in a position to question the executive's performance, expenditures or conduct; the hoard's independence and oversight in this regard are therefore critical. Similarly, perform your due diligence before signing the executive's contract — whether it is the executive's first contract or a renewal. Your board should do its position is part-time, the contract should own, independent research to clearly set out time and attendance ensure that the salary and other requirements. benefits offered, including vacation time, sick leave and other fringe benefits, are reasonable and consistent with standard practices. Make sure that they are comparable to those of other executives with like experience and expertise who work in similar public settings. And very importantly, ensure that the compensation is consistent with the public organization's budgetary commitments. Be clear about time expectations. if the executive must devote his full time and attention to the public organization, make that explicit in the contract. If the Finally, apply the same due diligence if you Information about state have to recruit a new executive for the public salaries is Accessible online through CTHfilJ, available at organization, Conduct an appropriate search www.macomprroNer.arg, that provides you with a talented applicant pool. As part of the selection process, speak with references and conduct a background check. As k: + What is the organization's budget for the executive's salary? • How much time is the executive required to devote to the public organization? • How does the organization document and verify the executive's work, vacation and sick leave hours? + What is the public organization's expense reimbursement policy? Is it consistent with the public organization's mission and 81 Page objectives? Does it clearly define how the executive's expenses are reviewed and approved? ■ do the executive's reimbursement requests match legitimate expenses related to the public organization's public purpose? G. Actively monitor and protect public expenditures. Your - board may be responsible for approving budgets, capital projects and other expenditures. If that is the case, your public board ensures that a public organization utilizes its finite public resources wisely and complies with the laws that govern the use of those resources. You are the steward of those resources as a public board member, As a starting point, learn to read a financial statement. You do not need to be an accounting expert, but understanding financial staternents is essential to ensuring that your organization is using its public resources appropriately. If accounting is not your area of expertise, consider asking a professional from within the organization to give the board a tutorial on reading financial statements. Be sure to not only look at the figures in the financial statement, but also be sure to review the accounting firm's notes regarding litigation and other matters that may affect the financial soundness of the organization. Also, when financial material is presented at a board meeting, ask questions to clarify any unclear- information. Chances are high that if you are uncertain about the information, other board members are, too. You also -should understand the public bidding laws that apply to your organization. In Massachusetts, many public organizations must follow particular laws and procedures before undertaking construction projects; buying supplies, services and real property; or disposing of surplus supplies and property. The Legislature designed these laws to ensure that all qualified vendors have a fair and equal opportunity to compete for public contracts and that taxpayer money is spent wisely. To the extent you can, educate yourself or obtain training on these laws. Additional resources to help you understand these laws are available in Appendix A at the end of this guide. Ask: ■ What laws must the public organization follow related to purchasing or disposing of goods, services and real property? 9jPag(-' + What laws must the public organization follow in connection with construction projects? + What are the public organization's written procurement policies? • What audit procedures are in place to ensure that the organization is The Office of the Inspector General provides several resources, including procurement charts and manuals, to help you understand public bidding and construction laws. For more information, please visit the Office's website, available at www.mass.gov/ig. complying with state lave and its internal procedures? At the state level, the Massachusetts Comptroller maintains "CTHRU," a comprehensive electronic database of state expenditures, including state salaries and payments made to vendors by state agencies. Use this database, available at www.rnacomptroller.org, to learn more about your agency's expenditures or to compare your organization's expenses to other public organizations. If you are a member of a local board that serves a local public organization, inquire about whether- there is an electronic resource similar to CTHRLI, so that you may have more information at your fingertips about the budget, salaries and spending of the organization. Armed with this information you will be able to make meaningful determinations about financial matters that come before your board. 7. Consider your ethical responsibilities and follow the Massachusetts conflict-of-interest law. As a public board member, you likely are subject to the state's conflict-of- interest law, which is designed to ensure that all public employees act for the benefit of the public organization, free from personal blas or gain. The law impacts your conduct as a board member, as well as certain activities you undertake separate from your board membership. For instance, the law: ■ Restricts you from discussing or voting on matters in which you or an immediate family member, or your private business has a financial interest. ■ Restricts you from accepting gifts and gratuities, if given because of some official act or because of official position, even if the gift or gratuity would not influence your actions as a board member. • Requires you to disclose in writing any appearances of a conflict of interest prior to performing your official duties, and prohibits 10f Page favoritism toward a family member or friend or bias against a business associate. • Restricts you from representing business or other interests before your board. The law also requires you to: ■ Complete training on the acknowledge receiving a summary of the conflict- of-interest law every year and complete the Ethics Commission's free, online training program within 30 days after your appointment. • conflict-of-interest law. You have to You roust acknowledge receipt of the conflict-of-interest summary annuo)ly and complete the online training program every two years, if you hove not token the training, contact the Ethics Commission (see Appendix A) or the individual or office that appointed you. File disclosures in certain instances involving actual and potential conflicts of interest. Keep the conflict-of-interest law especially in mind when your board deliberates or votes on an issue. Your vote matters. It is an official act and your decisions or deliberations must be independent and free from personal bias, personal gain and personal advantage. When you The Ethics Commission provides free believe there may be a conflict advice to ail public employees on the between your official duties and your conflict-of-interest laws. its website, personal interest, at a minimum you available at www, mass.govfethics, also contains helpful advisories, guides and must disclose that conflict. Disclosure rulings, forms and instructions are available nn tha Fthirc C"nmmircinn'c Vnrphcitw You must abstain or recuse yourself from a matter under consideration by your public board if certain financial interests are affected. if a matter before your board creates an appearance of a conflict for you, you must first disclose the nature of the conflict in writing before participating in deliberations and voting on the matter. At a minimum, disclosure creates transparency and helps ensure accountability, impartiality and independence, It enhances the public's confidence in the integrity and fairness of our government and its processes. It helps ensure the delivery of honest services unencumbered by personal interest or gain. 111 Page To help your board and your public organization comply with the conflict-of-interest law, ask: ■ Have all board members You may wont to consider circulating an annual "outside activities" form as part of an internal control plan related to possible conflicts of interest. It may prompt disclosure before a conflict arises. completed the conflict-of-interest law's educational requirements? ■ Does your board or the public organization understand how to complete and submit conflict-of-interest law disclosure forms? If so, where are they retained? ■ Does your board have a written policy about abstention or recusal? ■ Are you permitted to work on outside activities that may impact your role as a board member? if so, how are outside activity requests approved? ■ Does your hoard require the executive to file disclosure forms or outside activity forms? If so, are the forms reviewed? Is there an approval process required? Are these activities monitored for potential conflicts? Finally, remember that the conflict-of-interest law applies to your fellow board members, employees of the public organization and, in certain instances, to consultants and contractors. If you learn of a potential conflict of interest — whether by a board member, senior executive or employee — you need to properly address it. Seek advice from your board's legal counsel or contact the Ethics Commission. 8. Operate in compliance with the Massachusetts open meeting law. When you were appointed, you should have received a copy of the state's open meeting law. Similarto the conflict-of-interest law, the open meeting law applies to both your individual conduct and the board's operations. For example: ■ Public boards must give advanced notice of the topics that will be discussed at a meeting. ■ Meetings of public boards must be open to the public, although in limited circumstances members may hold certain aspects of the meeting in closed session, away from public view. 121 Page Y Discussing certain matters with other board members outside of a properly noticed meeting — such as by email or telephone — will likely violate the open meeting law. Because the open meeting law promotes openness and transparency in government, it contains specific notice requirements to ensure that the public knows — prior to the meeting -- when and where the -board will meet, along with what topics the board intends to discuss at the meetine. Once appointed, all public .hoard members most sign a certification form stating that they have received certain educational materials, that they understand the requirements of the open meeting low and that they understand the consequences for violating it. These educational materials include the text of the law, the Attorney General's regulations, the Attorney Generol's Dpen Meeting Raw Guide, and copies of all determinotion letters from the post five years where the Attorney General found that the public body had Except in the case of an emergency, a �_ violated the aper meeting law. 1 public board must provide notice of its meeting 48 hours in advance (excluding Saturdays, Sundays and legal holidays). The notice must include the date, time and location of the meeting, as well as a list of all topics that the chair reasonably anticipates will be discussed. The law seeks to balance the public's interest in witnessing the deliberations of public officials with the government's need to manage its operations efficiently. Consequently, a board may only discuss the topics listed in the meeting notice, unless the topic was not reasonably anticipated when the notice was posted, While public bodies (such as boards) may discuss topics that were not reasonably anticipated by the chair, the Massachusetts Attorney General encourages public bodies to postpone discussion of any topics of significant public concern until notice can be given to the public. Further, while most board discussions must be public, as noted above, there are certain situations in which the board may vote to meet in private. In these instances, your public hoard may discuss a matter in what is (mown as an e'executive session." An executive session may be held for any of ten permissible SeeAppendixB at the end of this reasons, as specified in the open meeting guide for a list of the ten law. Public bodies are required to post notice permissible reasons for enteringexecutive session. of anticipated executive sessions, listing the topics to he discussed behind closed doors with as much detail as possible without compromising the lawful purpose for secrecy. Public bodies must begin Z The open meeting law also contains additional requirements concerning meeting notices, including where the notice must be posted. 131 Page meetings in open session before entering executive session and must take a vote to enter executive session, again providing as much detail as possible about what will be discussed. The open meeting law prohibits communication between or among a quorum of a public board outside of a noticed meeting on any business within that board's jurisdiction.' Therefore, a series of telephone calls or emails between a quorum of board members — often referred to as "serial deliberations" — could violate the open meeting law. This is because the public is entitled to notice and an opportunity to witness deliberations concerning board business. Ask: o Does your public organization post meeting notices in advance? i Do members discuss only what is on the agenda at the meeting? • Does your board vote to enter "executive session" properly and only for the reasons set forth in the open meeting law? • Does your board have practices in place to ensure that members do not have serial deliberations that violate the open meeting law? The open meeting law addresses many topics, such as remote participation and meeting minutes, that are not discussed here. The Massachusetts Attorney General's Office (AGO) is responsible for interpreting and enforcing the open meeting law. It produces a comprehensive guide to the open meeting law, as well as helpful educational material and rulings. The AGO also provides in-person and online trainings about the open meeting law. Visit the AGO's website, available at www.mass.gov/the-open-meeting-law, or contact the AGO's Division of Open Government at (617) 963-2540, to learn rnore about the open meeting law. 9. I=nsure that you operate in compliance with the Massachusetts public records law. The public records law Is another way residents may examine whether their government is functioning in accordance with its public policy objectives and in compliance with the law. Indeed, the public records law supports transparency of the decision-rnaking process and promotes the accountably of public employees, public boards and government officials to the taxpayers. 3 For the purposes of the open meeting law, a quorum is a simple majority of the members of the public board. For example, in the case of a five -member board, the quorum would be three. 141Fag(: Consequently, the law requires that you retain certain records for a period of time, and that you turn over certain records if a member of the public requests them — when they contain content related to your official capacity. This is true even if the records are on your personol computer, personal cellphone or personal email account, All public boards receive and generate public records in the regular course of business. You also generate public records when you operate in your official capacity as a public board member. If you communicate with another individual in your official capacity or exchange information about matters under your board's purview, for instance, you may create a public record even if you use your personal email, voicemail or video recording to transmit that information. A common misperception exists that communications on personal email accounts or via text messages are not subject to the public records law; this is incorrect as all board -related communications are subject to public disclosure. In addition, the law defines the term "record" very broadly and it includes more than written meeting minutes or agendas. For example, records can include emaiis, photographs, voicemails, video tapes, attendance lists and public meeting sign -in sheets. These records are subject to public records requests, and you may be required to keep these documents for a certain period of time. Check with your public organization and the Secretary of the Commonwealth to determine the full scope of your record retention obligations. As k: • Does your board have a written policy or a practice related to managing public records requests? • Do public board members respond to inquiries about board matters made by the public in a manner that is consistent with this policy? The Secretary of the Commonwealth's Office provides record retention schedules for state, county and local governmental erg titles. • Does your board have an appointed Records Access Officer? • Does your board have a practice related to the use of personal devices or emails? • Does your board have a written records retention policy? For more information on the state's public records law, please contact the Public Records Division at the Secretary of the Commonwealth's Office at (517) 727- 2832. The Secretary of the Commonwealth's Office also has developed a free, comprehensive guide to the public records law. The guide, titled A Guide to the Massachusetts Public Records tow, is available on the Secretary of the Commonwealth's website at www.sec.state.ma.us. See Appendix A. 151 Page 10. Detect and report suspected fraud, wrongdoing or other misuse of public resources: If you see something, say something. Any misuse of public funds and resources affects a public organization's financial well-being, reputation and ability to accomplish its mission. As a public board member, you have an important role in preventing and detecting fraud. You and your fellow members are custodians of the public trust. You have the responsibility to protect public resources, including money, assets, real property, employee time, digital records and other types of data. Massachusetts residents have entrusted these public resources to your care. Although most employees are honest and hardworking, fraud and other misconduct still occur, so you must diligently apply preventative measures — often referred to as internal controls — to help safeguard public assets and taxpayers' interests. As a result, all organizations need internal controls. Every internal control must be based on the specific organization. Some common elements of an internal control plan to protect public resource include the following; ■ The segregation of duties performed by employees to ensure no one individual can commit and cover up their- own wrongdoing. ■ Approval processes for expenditures, with increased oversight for larger expenditures. • Methods to track and monitor employee time and attendance, including the use of leave time. • Controls to track the public organization's acquisition and disposition of public assets, such as vehicles, equipment, supplies and petty cash. • Fraud -reporting mechanisms, including a telephone or ernail hotline or an independent complaint review process. • An anti -fraud policy, as well as employee training on the policy and annual reminders to follow the policy. • A code of conduct with standards related to conflict of interest and other professional standards that align with the public organization's mission. • Tone at the top: communication from the organization's administration about its commitment to the highest ethical and professional standards. ■ Careful vetting of employees — both before and after hiring — to ensure that their- background and professional certifications meet the entity's standards and support the entity's mission. 161 Page Further, you should determine whether the board has an internal audit committee to check and verify expenses. If not, advocate for the creation of one. The board needs to set the "tone at the top," and communicate that the public organization has zero tolerance for fraud and other inappropriate activity. An ethical work environment with internal controls is essential to the proper use of public resources. Ask: ■ What fraud risks exist in the public organization your board oversees? • What types of internal controls Report suspected fraud, are in place to properly monitor waste or other misuse of the use of public resources? public funds on our online • Does the public organization or form, by telephone at (800) 322-3323, or email at your board perform compliance 1GQ-FightFraud@mass.gov. reviews or audits? All reports are confidential. • Does your public organization have an anti -fraud program that includes training, policies, new - hire background checks and a fraud hotline or other fraud - reporting mechanisms? 171 Page Conclusion This Office would I!ke to thank the Office of the Attorney General, the Secretary of the Commonwealth and the State Ethics Commission for their assistance in creating this guide. We hope you find it helpful and will call any one of the agencies on the following page for assistance with fulfilling your important role as a public board or commission member, Thank you for your service and best of luck in your role as a public board member! 181 Page Appendix A: Sources of Advice and Assistance Office of the Attorney General The Office of the Attorney General interprets and enforces the open meeting law. The Attorney General's Division of Open Government provides six helpful videos about Open Meeting Law on its website at www.mass.gov/service-detail5/open- meeting-law-training-videos. Office of the Comptroller The Office of the Comptroller is responsible for developing internal control guidelines for Commonwealth departments, including state agencies and quasi - state agencies. Office of the Inspector General The Office of the Inspector General is an independent agency that prevents and detects the misuse of public funds and public property, conducts confidential investigations, improves transparency in government, helps government run more effectively and educates government employees and the public. Secretary of the Commonwealth The Secretary of the Commonwealth administers the public records law. Office of the Attorney General Division of Open Government One Ashburton Place Boston, MA 02108 Telephone: 617.963-2540 Email: openmeeting@mass.gov Website: www.mass.gov/ago Office of the Comptroller One Ashburton Place, 9th Floor Boston, MA 02108 Telephone: 617-727-9140 Email: comptroller.info@mass.gov Website: www.rnass.gov/comptroller Office of the Inspector General One Ashburton Place, Room 1311 Boston, MA 02108 Telephone: 617-727-9140 Email: ]GO-FightFraud@mass.gov Website: www.mass.gov/ig Secretary of the Commonwealth Public Records Division One Ashburton Place, Roorn 1719 Boston, MA 02108 Telephone: 617-727-2832 Email: pre@sec.state.ma.us Website: www.sec.state.ma.us 191 Page State Ethics Commission The State Ethics Commission administers and enforces financial disclosure and conflict-of-interest law. It also renders written advisory opinions upon request. State Ethics Commission One Ashburton Place, Room 619 Boston, MA 02108 Telephone: 617-371-9500 Website: www.mass.gov/ethics 201 Page Appendix B: Reasons for Entering Executive Session While all meetings of public bodies must be open to the public, certain topics may be discussed in executive, or closed, session. The open meeting law, G.L. c. 30A, § 21, sets out ten permissible reasons for entering executive session: 1. To discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual; 2. To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel; 3. To discuss strategy with respect to collective bargaining or litigation if an open meeting may have a detrimental effect on the bargaining or litigating position of the puhlic body and the chair so declares; 4. To discuss the deployment of security personnel or devices, or strategies with respect thereto; 5. To investigate charges of criminal misconduct or to consider the filing of criminal complaints; 6. To consider the purchase, exchange, lease or value of real property if the chair declares that an open meeting may have a detrimental effect on the negotiating position of the public body; 7. To comply with, or act under the authority of, any general or special law or federal grant-in-aid requirements; S. To consider or interview applicants for employment or appointment by a preliminary screening committee if the chair declares that an open meeting will have a detrimental effect in obtaining qualified applicants; provided, however, that this clause shall not apply to any meeting, including meetings of a preliminary screening committee, to consider and interview applicants who have passed a prior preliminary screening; 9. To meet or confer with a mediator, as defined in section 23C of chapter 233, with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or entity, provided that: 211 Page (i) any decision to participate in mediation shall be made in an open session and the parties, issues involved and purpose of the mediation shall be disclosed; and (ii) no action shall be taken by any public body with respect to those issues which are the subject of the mediation without deliberation and approval for such action at an open session. 10. To discuss trade secrets or confidential, competitively -sensitive or other proprietary information provided: in the course of activities conducted by a governmental body as an energy supplier under a license granted by the department of public utilities pursuant to G. L. c. 164, § 1F. 221 Page Appendix C. Red Flags for Fraud OFFICE OF THE INSPECTOR GENERAL COMMON WEALTH OF MASSACHUSETTS RED FLAGS FDR FRAUD WHAT IS FRAUD? Fraud is a knowing misrepresentation of the truth or a deliberate concealment of important information that causes another to act and results in harm, such as a monetary loss, WHAT ARE "REQ FLAGS" AND WHY ARE THEY IMPORTANT? A red flag is a sign that something is out of the ordinary and that a closer look may be needed. When a red flag arises, an organization should confirm that its preventive systems are working properly and consider whether increased oversight of a particular person or vendor may be needed. Note, however. that red flags alone are not evidence of fraud. WHAT IS THE OFFICE OF THE INSPECTOR GENERAL? The Massachusetts office of the Inspector General (01G) is an independent agency that prevents and detects fraud, waste and abuse of public funds and property. To help the public and public employees identify and prevent fraud in their jurisdictions, the 01G has created this flier and has a number of guides and resources available at www.mass.gov/ig. EMPLOYEE BEHAVIORAL RED FLAGS • Willingness to cut corners or be deceptive in lousiness dealings. • Reluctance to share information or control over vulnerable areas. • Annoyance or defensiveness when questioned about files, decisions or business practices. • Sudden changes in personal spending. • Financial pressures, including sign€ficant Personal debt and credit issues. • Drug, alcohol or gambling problems, MANAGEMENT RED FLAGS . one individual or small group that dominates decisions. Ability of one person to make major decisions without knowledge or approval of second person or group. • Use of an excessive number of bank accounts. ■ Missing documents (especiallyoriginaf versions). • Inventory discrepancies. • Irregular or questionable transactlons, ■ Expenses over budget, VENDOR RED FLAGS • Lack of physical address or providing a wrong or fake address. • Online complaints, including with the Better Business Bureau and other review sites. ■ Use of blocked phone number. ■ Unprofessional employees. • Irregular charges on invoices, or bills that you can't understand. ■ Absence in common business directories. • Giving of gifts to key decision makers, ■ °High pressure" or aggressive sales tactics. Do you suspect fraud maybe occurring in your organization? Call the 01G's Fraud Hotline at (800) 322-1323 or email IGO- Fig htFraud�7a, mass.gov www.mass.gov/ig 231Pag,e Notes 241Page Notes 251Page ,} f is A 13 L I s liElo March 10, 2022 To: Board of Health Members Town of Brewster 2198 MAIN STREET BREWSTER, MASSACHUSETTS 02631-1898 PHONE: 508.896.3701 EXT. 1120 FAX: 508.896,4538 br eajth cb.brevster-m.e,,gc� W W W.BREWSTER-MA.GOV From: Amy von Hone, R.S., C.H2O., Health Directo Re: Annual Animal Inspector Appointments Memo Health Department Amy L. von Hone, R.S., C.H.O. Director Sherrie McCullough, R.S. Assistant Director Tammi Mason Senior Department Assistant 0a000a00aa10a0a0aaaa00aa0aaaNaNaa20a0a000000a00aaa0a000a0a0r0aa0aaa0W0a000a00r2a0a00a0aa0aI The following individuals are being nominates{ for the Town of Brewster Animal Inspector positions, in accordance with Massachusetts General Laws Chapter 129, sections 15 & 16. These appointments will be valid for a one (1) year term from May 1, 2022 through April 30, 2023. 1, Sherrie McCullough Animal Inspector 2. Lynda Brogden -Burns Animal Inspector The Animal Inspector position is responsible for the inspections and enforcements of barn, poultry and stable establishments, in addition to the issuance of domestic pet quarantines related to bites and wildlife exposures. N:1HealthVrom 5hari\MSWORK F0WERSIF0RMS1Anima1 inspector mernD.doc THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS Department of Agricultural Resources 252 Causeway Street, Suite 500, Boston, MA 02114 517-625-1700 fax: 617-626-1850 www.mass.gov/agr 4DAR MASSACHUSMSVEPARTMW u,p 9F AGRIGULTURAL RESOURCES CHARLES D. BAKER Governor March 7, 2022 Nominating Authority: KARYN E. POLITO KATHLEEN A. THEOHARIDES ,JOHN LEBEALIX Lt. Governor Secretary Commissioner RECEIVED MAR 2022 DEPAR rMFi•� t Enclosed is the nomination form for the Inspector of Animals for your city or town. This form is due lack to the Division of Animal Health by April t, 2022. The appointment will run from May 1, 2022 until April 30, 2023. If more than one inspector was appointed for your city or town, there is a separate form for each. If you are nominating the same inspector(s) this year, be sure that all of the contact information is complete and still correct. Any corrections should be made in the space provided on the right. If you will be nominating a new inspector, that person's information should be entered in the space provided on the right. Submit a separate form for each inspector nominated. Also, be sure that all of your (nominating authority) information is complete and correct. Any changes to your information should be made in the space provided to the right. Once all of the contact information is confirmed to be correct, all that is needed is to have the nominee sign the form, accepting the nomination and swearing to faithfully perform the duties of that office. The nominee's signature must be notarized. In many cases the city or town clerk is a notary. After the nominee's signature has been notarized, simply return the form to the Division of Animal Health at the address listed at the top of the form. The Division of Animal Health will send back confirmation of the inspector's appointment. Please note that regardless of when the most recent appointment was made, it is only valid through April 30, 2022, This nomination will cover the year starting May 1, 2022 and run until April 30, 2023. If you have any questions, please contact Ashley Kraft at (517) 625-1810 or Ashley.Kraft@mass.gov. 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N N N N N' M N N N fV hl N N N N N N N' N N N N ri rJ hi N n1 14 N N IV ry N N N IY N ��ryryryyyy N 0 0❑ Q p p O G O 6 { OS O❑ O O. Q o O O O O O O O Q. O O 6 G O E] O O ry N. rj N N N N N N N N N N N N' N 1 f4 N ry fy N M;� m m m'm m m m mQ WQ Amy von Hone From: Denise Rego Sent: Wednesday, March 9, 2022 8:20 AM To: Amy von Hone Subject: Brewster's Health & Wellness Fair Good morning, In prior communication with Lisa Donovan, our Program Coordinator at the time, you had expressed your willingness to participate in Brewster's Health & Wellness Fair. We have set the date for Tuesday, May 17- from 10a to 2 p m in the community room of the Brewster Baptist Church, 1848 Main Street, Brewster. We hope that this date and time is convenient for you but realize that it might not be. Please let me know by March 18 if you remain interested and are able to participate in the fair. We want to start publicizing the event in early April, which will include the names of participating organizations. Tables and chairs wilt be provided, so all you need to do is set up your own material and handouts. Please let me know how many people from your organization will be attending, so we have the appropriate number of chairs available. if you have any other requests (e.g., your table next to an outlet, etc.), please specify these needs. We will be in touch in mid-April with more details, but please feel free to contact me if you have any questions. We Iook forward to participating with you at this event. Denise Rego Brewster COA Director Town of Brewster 2198 MAIN STREET BREWSTER, MASSACHUSETTS 0263 1-1 898 PHONE: 508.896.3701 EXT. 1120 PAX; 508.896.4538 brlieaith@brewster-ma.gov WWW . BRE W STER- MA. GO'V Board of Health Meeting Wednesday December 15, 2021, at TOOPM Remote Meeting Health Department Amy L. von Hone, RS„ C.14.0. Director Sherrie McCullough, R.S. Assistant Director Tammi Mason Senior Department Assistant Board members attending remotely: Penny Holeman, MPH, MA, MS, Chair; Annette Graczewski, MT (ASCP) and Kimberley Crocker Pearson, MS, MD, MPH Board members absent: Joe Ford, Jeannie Kampas Others attending remotely: Amy von Hone, R.S., C.H.O., Health director; Tammi Mason, Senior Department Assistant; 5herrle McCullough, R.S., Assistant Health Director and Donna Kalinick, Assistant Town Administrator Anyone wishing to listen to the meeting can do so via Live Broadcast (Brewster Government TV Channel 18) or by Livestream at www.livestream.brewster-ma..aoy or video recording [www.tv.brewster-ma.gov] 1. Calf to order Chair H❑€eman called the meeting to order at 7:00PM, 2. Chairman's announcements Barnstable County offers a Covid-19 vaccination Clinic every Thursday at the Barnstable County Complex- except for Thursday December 23`d. All three vaccines, Pfizer, Moderna and J & J are available. The adult clinic is held from 10:OOAM — 2:OOPM. The pediatric clinic (ages 5 and up) takes place from 2:OOPM — 4:00PM. The clinics are held in the Harborview Conference Room, 3195 Main Street in Barnstable. If you want to register for an appointment, please call {774}330-3001. Free Covid-19 testing is available at the Barnstable County Fairgrounds, also known as the Cape Cod Fairgrounds, at 1220 Nathan Ellis Highway in East Falmouth. Upcoming clinic dates are Thursday December 16th, Tuesday December 21St, and Tuesday December 28th. The clinic is scheduled from 2:30-4:00PM. Appointments can be made online at the Barnstable County Department of Health website. The Omicron variant has been detected in Massachusetts. Residents aged 16 and older are urged to get the Covid-19 vaccine and the booster. 3. Citizen's forum Norte 4. Covid update Mrs. van Hone stated that the Town is currently still in the post -Thanksgiving surge. The highest number of cases was last week (44) and since the pandemic started there have been 878 cumulative cases. The current surge will probably last until after the holidays. There have been increased cases in the middle and high schools, N:114ealthlfrom ShariIMSWORK FOLDERSIMEETINGSIBOH\Dec1521m.doc ROH 12/15/21 Minutes Page 2 The key to containing this is still vaccinations and boosters. There have been breakthrough cases. Pharmacies are still offering vaccines and testing, but appointments are hard to come by. 5. Discussion and possible vote to re -institute mask mandate in all municipal buildings (excluding Freeman's Grill) Mrs. von Hone stated that she believes mask should be mandated for municipal buildings, not the businesses in Town Ms. Kalinick stated that the 5electboard will discuss Keeping Board meetings remotely at their 12/20/21 meeting. Ms, Holeman asked about an end date for the mandate. Mrs. van Hone stated that it would be when the Town sees a drop in the positive cases. Motion: Return to a temporary mask requirement in municipal bulid! ngs (except Freeman's Grlll) starting December 20, 2021, and going through the Board of Health meeting on January 19, 2021, at which time it will be re visited. Motion: Annette Graczewski Second: Kimberley Crocker Pearson Vote: Annette Graczewski — yes Action: Motion carried Kimberley Crocker Pearson - yes Penny Holeman - yes 6. Presentation by Tracy Long, Barnstable County Department of Health & Environment on I/A Septic System County Database Program Ms. Long presented the Board with an overview of the Barnstable County I/A Septic System County Database Program. She explained that this program started in 2006 to make sure that all the systems were on track with the 0 & M contracts and testing. They contact the homeowners If there are issues, or they are not in compliance. They do not have enforcement authority. They do send out 2 letters and if no response, they will forward it to the Board of Health for enforcement. Operators or engineers that are doing the testing download the information into the database, which in turn the Health Departments can review the data. The County does ask that local Health Departments send in Summary Sheets when a new IIA system is being installed. 7. Discussion of DEP 1/A approved letters (Amy von Hone) Mrs. von Hone explained how the State went about giving approval for the I/A systems. There are 4 types: General Approval, Piloting Approval, Provisional Approval and Remedial Approval. She explained what each one meant. She included samples of the letters in the Board's packet. The letters list the performance standards and maintenance and operations that are required to approve the system. There may be restrictions and reporting requirements in the letters also. The letters have an issuance date and an expiration date. The letters also provide restrictions and conditions that need to be met if there is a failure event. Ms. Holeman asked how many systems in Brewster had "General Approval". Mrs. von Hone stated that currently there are 38 systems in Brewster under General Approval. Mrs. von Hone went over BON responsibilities which include approving & requiring the correct type of DEP approval, any conditions placed on the approval are appropriate for the site, enforcing noncompliance with expired O & M contracts and out of whack testing parameters and wastewater planning (i.e.: nitrogen & phosphorus) 8. Continued discussion on liaison appointments Ms. Holeman had previously spoke to the Board about finalizing Liaison appointments with other departments & boards in Town, specifically, she was trying to formalize a Liaison appointment with the Council on Aging. Mrs. Graczewski thought that the Board was going to explore the idea with other Departments/Boards as to whether they were interested in having a BOH liaison. Dr. Pearson thought maybe the agenda could include a "notes from" section where any Board member could give a report on what is going on with another department or board. Mrs. Graczewski doesn't believe there needs to be a "formal' liaison. Ms. Holeman believes that the Council on Aging does a lot of public health things with the older population. Ms. Holeman will communicate with Mrs. von Hone about putting something on the agenda in the future to be able to discuss COA. N:1Healthlfrom ShariNSWORK FOLDERSWEETINGSIBOH1Dec1521rn.doe BOH 12/15/21 Minutes Page 3 9. Liaison Reports Dr. Pearson stated that the WQRC had not met, Mrs. Graczewski stated that the Recycling Committee took a tour of SEAMASS. Three important things came out of this tour, do not let paper get wet, do not put propane in the trash and do not put lithium batteries in the trash. There is a Utube video tour of SEAMASS if anyone is interested. 10. Matters not reasonably anticipated by the Chair Ms. Holeman spoke about what's been going on between the BOH and the CDA. There is a gap in the elderly population with some only having I dose of the vaccine and not the second. The Health Department has no way to reach out to the 75 and older population to see if they did get their second dose or not. She brought this up to the COA, who put it on their agenda for tomorrow nights meeting, 11. Items for next agenda Mrs, von Hone stated that one of the main agenda items will be Mark Nelson from Horsley -Witten on the Stormwater Regulations. 12. Next meeting January 5, 2022 Informational items were noted. Meeting adjourned at 8:50PM *Accompanying Documents in packet: Agenda, Covid update information, Power Point presentation by Amy von Hone, informational items N:1Healthlfrom SharAMSWORK FOLDERSIMEETINGS\BMDec 152 1 m.doc 111011 �k/,, ia'\01 V k F- W 0 v *,p, 4§ _Yq- ;r gg 1��. 0 8� ID, Ali Town of Brewster 2198 MAFN STRF-ET BREWSTEF, MASSACHUSETTS 02631-1898 PHONE: 508.896,3701 EXT. 1120 FAX: 508.896.4538 brhea1rh@bre%vster-ma.Ro WWW.BREWSTER-MA.GOV Board of Health Meeting Wednesday January 5, 2022, at 7:OOPM Remote Meeting Health Department Amy L. von Hone, R.S., C.1-1.0. Director Sherrie McCullough, R.S. Assistant Director Tammi MaSOD Senior Department Assistant Board members attending remotely: Pe n ny Hole ma n, M P H, MA, M S, Chair, An nette G ra czewski, MT (ASCP); J ean n ie Karnpas and Kimberley Crocker Pearson, MS, MD, MPH Board members absent- Joe Ford Others attending remotely: Amy von Hone, R.S., C.H.O., Health Director, Tammi Mason, Senior Department Assistant Matt Farrell, J.M, O'Reilly & Associates and Jon Gezotis, homeowner of 89 Byfield Cartway Anyone wishing to listen to the meeting can do so via Live Broadcast (Brewster Government TV Channel 18) or by Uvestream at www.livestream.brewster-ma.gov or video recording (vvww.tv.brewqe�� 1. Call to order Chalr Holeman called the meeting to order at 7:OOPM 2. Chairmans announcements Ms. Hoiernan stated that effective December 21, 2021, in response to the spread of the Delta variant and the emerging Omicron variant, the Department of Public Health now advises that all residents, regardless of vaccination status, wear a m ask or face cove ri ng whe n i ncloors (a nd not i n yo u r own hom e). The D PH pa rticu la rly u rges this reco m me nclati or) if you have a weakened immune system, or if you are at Increased risk for severe disease because of your age or an underlying medical condition, or if someone in your household has a weakened immune system, is at increased risk for severe disease or is unvaccinated. On December 29, 2021, the Department of Public Health announced the Launch of "Take the First Step', a campaign to hel p adu Its q u it smoki ng, va p i ng, or using othe r toba cco o r nicati ne p rod ucts. The cam pa ig n i ncl ud es h el p m a ki ng a q u it pla n and co nnecti on with one -on -on e co u nsel ors an d q u it s mo ki ng g rou ps. To take th e fi rst step, ca I I the M assach usetts Qu itl i ne (1 -800-QUIT- NOW) o r visit mass.gov/qu itti ng. On January 1, 2021, Governor Baker signed "An Act Promoting a Resilient Health Care System that Puts Patients First' into I aw, which m a kes si g n*[f ica nt cha ng es to the state's hea Ithca re laws. Hea Ith ca re p rovides now m ust tel I patients how much they will pay for planned hospital stays, medical procedures, health care services and referrals — based on the patie nt's specif ic hea Ith i ns u ra nce p Ian. These req u! reme nts b eg i n o n J a n ua ry 1, 202 2. NAHealth\frorn Shari\MSWORK FOLDERS\N4:EETINGS\BOH\Jan522m.doc BOH 1/5/2022 Minutes Page 2 Barnstable County continues to hold weekly Covid-19 vaccine clinics at the Barnstable County Complex. Barnstable County also holds free Covid-19 testing at the Barnstable County Fairgrounds and the Orleans Department of Public Works. Please schedule an appointment online at the Barnstable County Department of Public Health and Environment website. Ms. Holeman stated she would like to take the opportunity to dispel any misconceptions that may have arisen as the result of statements made during the Board of Health meeting help on December 15, 2021. In my role as Chair, I have been meeting consistently with the Health Director in advance of the BOH meetings to discuss agenda items for our upcoming meetings. The agendas that result are a reflection of a collaborative effort between the two of us, As a reminder, anyone who wishes to make comments at the BOH meeting, may do so during Citizens Forum or may contact the Health Director or BOH Chair directly to make a formal request to be placed on an upcoming BOH agenda to facilitate discussion on a particular topic. Toward the end of December, our Town Clerk sent out an email regarding our annual responsibility to return an Acknowledgment of Receipt of the Summary of the Conflict -of -Interest Law. In addition, every two years we are required to submit documentation to the Town Clerk of online training completion regarding the Conflict -of -Interest Law. Please check your emaiis and be sure to submit one or both items, as pertinent to you. If you have any questions, please reach out to the Town Clerk directly. 3. Citizen's forum Mrs. von Hone read a letter that was submitted by Mary Hyland, Brewster Resident who wanted the Board of Health to consider making it mandatory for the public to wear masks in public indoor spaces. Dr. Pearson asked if we should have the address for Mrs. Hyland for the record. The Board will request that for future letters, etc. 4. Covid update Mrs. von Hone stated that she has been tallying the numbers (Sunday — Saturday) and as of New Years Day, the Town has over 1000 residents that have been infected to date. The Town is in an "outbreak" status (which is anything over 5%). We are currently at a 7% positivity rate. This is happening everywhere. 80% of the people that are infected have the Omicron strain, which fortunately is not making people as sick even though it is more contagious. There are clusters in the long- term care facilities as well as group homes. They are still testing on a daily basis, and they are not out of control at the moment. Vaccination clinics are on going at the County on Thursdays for adults and children. There is a new clinic at Cape Cod Community College that is being run by the State. It is on Sunday, Tuesday, and Thursday`s. A new "Stop the Spread" drive thru clinic is opening on Monday January 10' at the Cape Cod Melody Tent. This is also a state-run clinic. You can make an appointment or walk in. To register, go to the Barnstable County Department of Health & Environment website. Vaccinations are free of charge. Schools are struggling right now. The message continues to be "masks and vaccinations". Dr. Pearson asked if the schools and residential homes have gone to the 5 -day quarantine guidelines that the CDC put out. Mrs. von Hone stated that they were except for daycare facilities because they are not wearing masks. N:II-Iealthlfrom ShariIMSWORI( FOLDERSIMEETINGS\BOH1]an522m.doc BOH 1/5/2022 Minutes Page 3 Schools are doing the test and stay program. S. 89 Byfield Cartway — J.M. O'Reilly & Associates — Title 5 & Local variance requests Matt Farrell from J. M. O`Reilly & Associates was present as well as the homeowner, Jon Gezotis. This is a tear down and a rebuild of a 4 -bedroom home. They are asking for the following variances: 1. To allow a 5' separation between the SAS and the south property line 2. To allow an 8' separation between the SAS and the west property line 3. To allow an 8' separation between the septic tank and crawl space 4. To allow a 68' separation between the SAS and the coastal bank This is a small lot, Dr. Pearson asked what type of soil was in the area. Mr. Farrell stated that it has medium to coarse sand and no clay. Mrs. van Hone asked about the 4th bedroom. Mr. Farrell stated that one of the second -floor room had been mislabeled and was not a bedroom. Ms. Holeman asked how much further back from the Enviran mental ly Sensitive Area the house was being moved. Mr. Farrell stated that it is about 50' and the house was made smaller. Motion: Finding that the replacement SAS will be an improvement, is situated as far away as possible from the coastal bank and there will be no additional bedrooms, approve the variance requests. Variances must be recorded at the Registry of Deeds. Motion: Annette Graczewski Second: Kimberley Crocker Pearson Vote: Annette Graczewski — yes Action: Motion carried Kimberley Crocker Pearson — yes Jeannie Kampas - yes Penny Holeman - yes 6. Ratification of Release of Condemnation Order -- 23 Woodview Drive Mrs., van Hone explained about the Hoarding case that had led to this condemnation order. The owners relative stepped in to help with the cleaning of the unit and a subsequent inspection showed that the unit had been cleaning had teen done very well. Elder services are still involved. Mrs. von Hone stated that she released the order so that the owner could move back in. Motion: Ratify the release of the condemnation order. Motion: Kimberley Crocker Pearson Second: Annette Graczewski Vote: Annette Graczewski —yes Action: Motion carried Kimberley Crocker Pearson —yes Jeannie Kampas - yes Penny Hol eman —yes 7. Consent Agenda a. 146 Grist Mill Road — Title 5 variance requests — Engineer Works b. 120 Seaview Road —Title 5 variance request— Engineer Works Mrs, von Hone explained that 146 Grist Mill was a standard septic upgrade. They requested depth to cover variances. They are proposing to reuse the existing tank. The companents will be H20. Variances will need to be recorded at the Registry of Deeds. N:IHealthlfrom ShariWSWORK FOLDERSIMEET.INGSIBOMJan522m.doc BOH 1/5/2022 Minutes Page 4 120 Seaview Road is also a standard septic upgrade. There are lots of restrictions on this property due to a pool, etc, as well as soil issues. They are requesting setback variances. Motion: Approve the consent agenda Motion: Annette Graczewski Second: Kimberley Crocker Pearson Vote: Annette Graczewski -yes Action: Motion carried Kimberley Crocker Pearson -yes Jeannie Kampas - yes Penny Holeman --yes 8. 2022 permit renewals The Board was given a list of all renewed applications. 9. Review & Approve minutes from 9/1/2021; 10/6/2021 and 10/20/2021 There were a few minor corrections. Motion: Approve the minutes from 9/1/2021; 14/5/2021 and 10/20/2021 with corrections Motion: Annette Graczewski Second: Kimberley Crocker Pearson Vote: Annette Graczewski — yes Action: Motion carried Kimberley Crocker Pearson — yes Jeannie Kampas -- yes (abstain for 10/5/21) Penny Holeman - yes 10. Liaison Reports Mrs. Graczewski reported that there had not been a Recycling Committee meeting Dr. Pearson reported that the WQRC had not met. 11. Matters not reasonably anticipated by the Chair None 12. Items for next agenda Mrs. Graczewski asked about putting the email about the masks on the next agenda Mrs. von Hone stated that the Nitrogen Loading Regulations will be on the next agenda 13. Next meeting: January 19, 2022 Noted. Informational items were noted. Meeting adjourned at 7;50PM *Accompanying Documents in packet: Agenda, Covid update information, Variance request information, informational items NA1I1ea1thlfrom SharAMSWORK FOLDERSIMEETINGSIBOH1Jan522m.doc 0 4-J u () I 0 nu W rw u 1r ■ W W –J M ■ W 4- 0 ^w Wtio v N U G u ol ❑_ ;: N N u fij f6 SIS (6 f6 Sb S6 �/1 L L m i S6 CO SV (13 T 7 7• 7- 7- 7- T � m m Q7 Q7 61 Q1 a) ■ A � O1 O 4 O kD Q m ■ ■ ■ a it r ❑_ -Inn u � o � L L m i S6 CO SV ro ■ A � E 7- Q m L N C) 0 N Q ■ r a C6 61 7- 61 n 0 n ■ el 0 N N C) Ln U L n N L ❑ L CU LL N N N N L L LL 0 a L, L LL 2/27-315 2/13-2119 d N 00 1/39-215 n QLIN i M 1/16-1/22 °.�° m 12/19-12/25 n 1215-12/11 N 11/21.11127 o, m N 11/7.11/13 Ri Ln 10/24/10/W Q Ln Ln 10/10-10/16 Ln (y 00 9/26-10/2 0) cr) 9/12.9/18 �o 8/29.9/4 V L al 8/15.8/21 mn 8/1'817 i lV u -t 7/18.7124 � I m + U N 7/4-7/10 Q- 0 0 C4 4 6/20.6126 0 4 6/6.6/12 C> 5/23-5/29 0 ❑00 m 5/9-5/15 N M N V n 4/25-5/1 L sA L (64/11-4/17 0 Ln N� 3/28-4/3 t/1 N 3/14-3/20 2/28-3/6 J LM Q 2/14-2/20 V00 t� 1131-216 1117-1/23 113-1/9 v F t L p Nr., 12/6-12/12 to 11/22-11/28 o `° M 11/8-11114 a 10/25-16131 n y d 10111-10/17 N9/27-10/3 Z rl N 9/13-9/19 Q d N 8/300-9/5 d d 8/16-8722 d 8/2-8/8 N v1 7/19-7/25 ,C -1 7/5-7/11 Qj v d 6/21-6/27 cu d d 6/7-6/13 N d 5/24-5/30 r -I CD 5/10-5/16 M LO d' d 4/26-5/2 PC> 4/12-4/18 -4 3/29-4/4 m 3115-3/21 C7 d' d N O O O 00 Q LD Q It d d N e—I ei ri o N m n a N ui N w M N N o O N • � � `m mss: '� � � � �°. o ti m n ry M m rn N m myrnto m . i ry � N r oa C v m al m a oa ri ti � N M N .i rl W rl Gt r-1 N H N o O M n i� rni rmi � ri H � H N ri N N a e-1 m a m 00 n n� 'C c m M n m M n m 00 m w m 6+ n N oa n n.ti ' N N n N w m v1 N pmp Gd rl o 1n �M 1n rn m m P, D fc v d C � p � O H c o'Sr� o v � � � v w o oa .n mmoo .n m M s wmoo u7 r- �, v m o � t 13 G 13 b a 5 3 c v`t)i m m m n pLop11 ,N-� n � m di a N N N ri OO a 0 m '06 a 61 3 0 LO It It � .n It It N n Ln H N 19 H�D to M tD m W kC ? v N m ? M 61 uY N m en rn m m � a `~ N 1a O d to W n �6Fi1 m m m m m m In In m Massachusetts Department of Environmental Protection oDEP Transaction Copy Here is the file you requested for your records. �$. EIVED To retain a copy of this file you must save and/or print. MAR 2022 11 LREVVS 1 I I H OE PAR Username: EBELAIR Transaction ID: 1341905 Document: Groundwater Discharge Monitoring Report Forms Size of Pile: 2760.76}( Status of Transaction: submitted Date and Time Created: 2/18/2022:3:22:49 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. W01 Vou VI I%UQWull U 4 IucalLkulI - LI WUI lu Yva Lluk L 100 k1O1 VV f IVIjl Cil 11 f. r 011411L 11u11;QV1 I� Groundwater Permit ' Tax identification Number DISCHARGE MONITORING REPORT 2• 2022 JAN MONTHLY 3. Sampling Month & Frequency A. Facility Information important:When filling out forms on t. Facility name, address. the computer, use BREWSTER MANOR only the tab key to a. Name move your cursor - do not use the 873 HARWICH ROAD return key. b. Street Address BREWSTER MA t72fi31 r�yy C. City d. State e. Zip Code IL 2. Contact information: > it DAVID FELDMAN a. Name of Facility Contact Person 7817079527 dfeklman@wingatehealthcare.com b. TeEephone Number c. e-mail address 3. Sampling information: 1 11 4/2022 RI ANALYTICAL a. Date Sampled (mmlddlyyyy) b. Laboratory Name NICOLE SKYt_ESON c. Analysis Performed By (Name) B. Form Selection 1. Please select Form Type and Sampling Month & Frequency ]Discharge Monitoring Report- 2022 Jan 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.doo • rev. 09/15/15 Groundwater Permit Daily Log Sheet • Page 1 of 1 LlGroundwater Permit DISCHARGE MONITORING REPORT D. Contaminant Analysis Information • For "0", below detection limit, less than (a) value, or not detected, enter "NCS" • TNTC = too numerous to count. (Fecal results only) • NS =Not Sampled 1. Parameter/Contaminant 2. Influent Units WD ND MGIL TSS 19.0 1 MGIL TOTAL SOLIDS 230 I MG(L AMMONIA -N 1.2 J MG)L NITRATE -N MG/L TOTAL NITROGEN(NO3+NO2+TKN) MG/L OIL & GREASE MG/L 2. Tax identification Number 2022 JAN MONTHLY 3, Sampling Month & Frequency 3. Effluent ND fND E 5.7 5,8 ND 4. Effluent Method Detection limit 3.0 2.4 0,050 0.50 0.50 infeffrp-blank.doe • rev, 09/15/15 Groundwater Permit Discharge Monitoring Report • Page 1 of 1 •� L UIGUU LI I %Gr W P1 U 1 I VLGVLIUI i - VFMUII\1YYp LW1 L kO. IIGIyG 1 I Valf]l 11 I. f GI IIIIL PAW111VJ,l Groundwater Permit 2. Tax identification Number DISCHARGE MONITORING REPORT ' II, 2022 ANNUAL 3. Sampling Month & Frequency A. Facility Information Important:When filling out forms on 1. Facility name, address: the computer, use 113RE7VETER MANOR only the tab key to a. Name move your cursor - 873 HARWICH ROAD do not use the return key. b. Street Address 13REWSTER 102631 Pik C. City d. State e. Zip Code I 2. Contact information: + DAVID FELDMAN a. Name of Facility Contact Person 7817079527 dfeldman@wingatehealthcare.com b. Telephone Number c. e-mail address 3. Sampling information: 1/14/2022 JR1 ANALYTICAL a. Date Sampled (mrrVddJyyyy) b. Laboratory Name NICOLE SKYLESON c. Analysis Performed 6y [Name] B. Form Selection 1. Please select Form Type and Sampling Month & Frequency Discharge Monitoring Report - 2022 Annual T F All forms for submittal have been completed. 2. F This is the last selection. 3. F Delete the selected form. gdpdis 2015-09-15.doc - rev. 09/15/15 Groundwater Permit Daily Log Sheet • Page 1 of 1 .�.,�.....+ ,....,vuI— 3 II - L IVUIIUVVGL+l ulu.., .... y.. ,uylun4 I, rai inn rvurI WCp Groundwater Permit 2. Tax identification Number DISCHARGE MONITORING REPORT 2022 ANNUAL Li L I 3. Sampling Month & Frequency D. Contaminant Analysis Information • For "0", below detection limit, less than (<) value, or not detected, enter "ND'r • TNTC = too numerous to count. (Fecal results only) • NS =Not Sampled 1. Parameter/Contaminant 2. Influent 3. Effluent 4. Effluent Method Units detection limit TOTAL PHOSPHORUS AS P 2 4 0.010 BALL. ORTHO PHOSPHATE 1.7 0.020 NtG(L infeffrp-blank.doc • rev. 09/15/15 Groundwater Permit Discharge Monitoring Report • Page 1 of 1 UUI GC U VI I %GQl U1 Ia 1 I VLGVIIVI l - ul VUI IV VV43LCI u10441 iop 1JG 1 1 VLv1 a111 1. r =i 1411L IVUII IUOI t; Groundwater Permit 2. Tax identification Number DISCHARGE MONITORING REPORT 2022 ANNUAL 3. Sampling Month & Frequency E. VOC Analysis Information • If VOCs are present, please indicate the amounts of the individual compounds in Pg/l. • For "0" below detection limit, less than (<) value, or not detected, enter'IND" • N5 =Not Sampled 1. Parameter/Contaminant 2, Influent 3. Effluent 4. Effluent Method Units Detection limit ACETONE ND 10 UGIL BENZENE ND Ito UGIL 1,1 DICHLOROETHANE Nb 1.0 UGIL 1,2 DICHLOROETHANE ND 1.0 UGIL "! 1,1 DICHLOROETHYLENE ND 1 1 0 UGIL CIS-1,2-DICHLOROETHYLENE NE) 1.0 UGIL TRANS 1,2 DICHLOROETHYLENE ND 1.0 UGIL ETHYL BENZENE Nb 1.0 UGL METHYLENECHLORIDE ND 1.0 UG - TOLUENE ND 1.0 UGIL O -XYLENE ND 1.0 UGIL PIM XYLENE ND 1.0 1 UGIL CARBON TETRACHLORIDE ND 1.0 UG/L CHLOROFORM Nl] 1.0 U&L 2-BUTANONE (MEK) ND 1.0 UGL infeffrp-blank.doc • rev. 09/15/15 Groundwater Permit Discharge Monitoring Report • Page 1 of 1 Groundwater Permit 2. Tax identification Number DISCHARGE MONITORING REPORT 2022 ANNUAL 3. Sampling Month & Frequency E. VOC Analysis Information • If VOCs are present, please indicate the amounts of the individual compounds in pg/l. • For "0", below detection limit, less than (<) value, or not detected, enter "ND" • NS = Not Sampled 1. Parameter/Contaminant Units 4-METHYL-2-PENTANONE (MIBKj UGIL TRICHLOROETHYLENE UGIL TETRACHLOROETHYLENE UGIL 7,1,1 TRICHLOROETHANE UGIL VINYLCHLORIDE UGIL STYRENE UGIL CHLOROBENZENE UGIL METHYL TERTIARY BUTYL ETHER UGIL CHLOROETHANE UGIL 1,2-DICHLOROPROPANE UGIL DISROMOCHLORO M ETHANE UGIL 1,1,2 -TRICHLOROETHANE UGIL 2•CHLOROETHYLVINYL ETHER UGIL BROMO D ICH LO ROM ETHAN E UGIL BROMOFORM UGIL 2. Influent 3. Effluent 4. Effluent Method Detection limit ND 1.0 ND 1.0 1.0 NQ 1.0 ND ND ND IND ND ND ND — ND ND ND ND ND infeffrp-blank.doc • rev. 09115/15 Groundwater Permit Discharge Monitoring report • Page 1 of 1 NUI GGAU UI I%WJUUIVG 1 IUiC�vL1U11 - VI VUI IU YYU LGI L 10 p iyG I IUM Q1II 1. r CSI IML INUII IIJGI Groundwater Permit ' 2. Tax identification Number DISCHARGE MONITORING REPORT 2022 ANNUAL 3. Sampling Month & Frequency E. VOC Analysis Information • If VOCs are present, please indicate the amounts of the individual compounds in pgll. • For "0", below detection limit, less than [<] value, or not detected, enter "N D" • NS = Not Sampled 1. Parameter/Contaminant Units 1,1,2,2-TETRAC H LORO ETHAN E UGIL CHLOROMETHANE UGIL BROMOMETHANE UGIL CARSONDISULFIDE UGIL 2-HEXANONE UGL ACROLI=IN UGIL ACRYLONITRILE UG/L TRANS -I ,3 -RICH LO ROP ROP EN E UGIL C 15.1,3- DI CHLO ROP RO P EN E UGIL 2. Influent 3. Effluent 4. Effluent Method Detection limit ND 1.0 ND 1.o - ND 1 1.0 ND 1.0 k ND ND ND ND ND 1.0 infeffrp-blank.doc • rev. 09/15/15 Groundwater Permit Discharge Monitoring Report • Page 1 of 1 w r yr eawr Nr.a..nur yv r IvUI u1i r. r c line irun ruai _ - Groundwater Permit j' DAILY LOG SHEET 2. Tax identification Number ' 2022 JAN DAILY I Sampling Month & Frequency lmporEant:when A. Facility Information filling out forms on 1. Facility name, address: the computer, use BREWSTER MANOR only the tab key to a. Name move your cursor - - - - - - — - do not use the 873 HARWICH ROAD return Ivey, b• Street Address BREWSTER MA 02631 N C. City d. State e. Zip Code I Ilk 2. Contact information: DAVID FELDMAN a. Name of Facility Contact Person 7817079527 dfeldman@wingatehealthcare.com b. Telephone Number c. e-mail address 3. Sampling information: jI/31/2022 f WHITEWATER a. Date Sampled (mmlddlyyyy) b. Laboratory Name DOUG MURPHY c. Analysis Performed By (dame) B. Form Selection 1. Please select Form Type and Sampling Month & Frequency Daily Log Sheet - 2022 Jan Daily r 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, 09/15/15 Groundwater Permit Daily Log Sheet • Page 1 of 1 Ll VI GCiV VI 11G.7V UI VG 1 IVIG VLI VI I - CJI VU1IV �YG LGI VIa VI 141 �'r I 1 V�i GIII Groundwater Permit L , 'i DAILY LOG SHEET C. Daily Readings/Analysis Information Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 24 21 22 23 24 25 26 27 28 29 30 31 Effluent Reuse Irrigation Turbidity Influent pH Flaw GPD Flow GPD Flow GPD I. r c1II IIL IYNIIIMWG 2. Tax identification Number 2022 JAN DAILY 3. Sampling Month & Frequency Effluent PH I� 7.4 7.1 6.9 Ed 6.7 7.1 7.2 7.1 7.2 7.3 7.4 7.4 7.5 7.5 7.4 7.4 7.3 7.3 7.4 Chlorine tN Residual Intensity (mg1l) ?/oj 3.8 3.8 3.7 3.2 3.7 3.5 3.3 3.1 3.3 3.4 0 3.1 3.1 2.$ 3.2 3.1 2.5 2.4 2.6 2.3 2.1 1.2 gdpolsAoc • rev. 09/15/15 Groundwater Permit Daily Log Sheet • Page 1 of 1 yY VUIGRLI VI 1\-�W% 1LG I Iw%Cvm VIf- Vi VLIi iuwvo ICj jul UU 1 U1II 1. rClIIlli•IYL11114c1 Groundwater Permit 2. Tax identification MONITORING WELL DATA REPORT 2022 2022 JAN MONTHLY 3. Sampling Month & Frequency Impartant:When A. Facility Information filling out forms on 1. Facility name, address: the computer, use BREWSTER MANOR only the tab key to a Name move your cursor - - - - — do not use the 873 HARWICH ROAD return key, b. Street Address BREWSTER J MA 02531 dab C. City d. State e. Zip Cade IA JE 2. Contact information: r DAVID FFLDMAN a. Name of Facility Ccntact Person 7817079527dfeldman a�wingatehealthcare.com b. Telephone Number c, e-mail address 3. Sampling information; 1l1912D22 WHITEWATER a. Date Sampled (mmlddlyyyy) b. Laboratory Name DOUG MUR-HY c. Analysis Performed By (Name) B. Form Selection I. Please select Form Type and. Sampling Month & Frequency Monitoring Well Data Report - 2022 Jan Monthly r All forms for submittal have been completed, 2. T- This is the last selection. 3. � Delete the selected form. gdpols 2015-09-15.doc • rev. 09/15/15 Groundwater Permit Daily Log Sheet • Page 1 of 'I L UI UQU UI I%VaUUI UG 1 IULGILIVII - V1 UUP IU VVU LUI V10U1 PL ly❑ 1 1UL,I QI 11 1. r GI 111111NUI 11461 Groundwater Permit MQNITaRING WELL DATA REPORT 2. Tax identification Number 2022 JAN MONTHLY Li 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. ParameterlContaminant MW1 MW2 MW3 MW4 Units Well #: 1 Well #: 2 Well #: 3 Well #: 4 Well #: 5 Well #: 6 PH 6.2 6.1 6.4 6.6 S.U. STATIC WATER LEVEL 58.66 158.78 51.54 29.87 FEET SPECIFIC CONDUCTANCE 302 146 275133 UMHOSIC mwdgwp-biank.doc • rev. 09115/15 Monitoring Well Data for Groundwater Permit • Page 1 of 1 u Impertant:When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. I lk rater Groundwater Permit MONITORING WELL DATA REPORT A. Facility Information 2. Tax identification Number , 2022 QUARTERLY 1 3. Sampling Month & Frequency 1. Facility name, address: 13REWSTER MANOR a. Name $73 }HARWICH ROAD b. Street Address BREWSTER JMA 02631 C. City d. State e. Zip Code 2. Contact information: DAVID FELDMAN a. Name of Facility Contact Person 7817079527 b. Telephone Number 3. Sampling information; dFfeldman@wingatehealthcare.com c. e-mail address 1/19/2022 JRIANALYTICAL a. Date Sampled (mmlddlyyyy) b. Laboratory Name NICOLE SKYLESON c. Analysis Performed 6y (Name) B. Form Selection 1. Please select Form Type and Sampling Month & Frequency Monitoring Well Data Report- 2022 Quarterly 1 T T- All forms for submittal have been completed. 2. r- This is the last selection. 3. r Delete the selected form. gdpd[s 2015-09-15.doc • rev. 09/15/15 Groundwater Permit Daily Log Sheet • Page 1 of 1 -� L ul Cou VI 1%GZuul LG1 1VIG LpI pl-UI Vul IUVW Q%L i L 10�1101 UV 1 4 V Cil 11 1. CCI11111IMU1IIVV1 Groundwater Permit 2. Tax identification Number MONITORING WELL DATA REPORT 2022 QUARTERLY 1 j 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 MW1 MW2 MW3 MW4 Units Well #: 1 Well #: 2 Well #: 3 Well #: 4 NITRATE -N 0.60 i 0.61 0.6fl 1 0.62 MGA - TOTAL NITROGEN(NO3+NO2+TK O.SO 6.61 1 0,60 0.62 MG'L Well #: 5 S Well #. 6 mwdgwp-blank.doc • rev. 09115/15 Monitoring Well Data for Groundwater Permit • Page 1 of 1 '+, ... Groundwater Permit 2. Tax identification Number - MONITORING WELL DATA REPORT ' 2022 ANNUAL 3. Sampling Month & Frequency A. Facility Information Impattant:wnen filling out forms on 1. Facility name, address: the computer, use IBREWSTER MANOR only the tab key to a. Name move your cursor - 873 HARWICH ROAD do not use the return key, b. Street Address BREWSTER MA= 02631 C. City d. State e. Zip Code 2. Contact information: + DAVID FELDMAN -- - -- a. Name of Facility Contact Person 7817079527 n@wingatehealthcare.com b. Telephone Number c. e-mail address 3. Sampling information; 1/19/2022 JR1 ANALYTICAL a. Date Sampled (mmlddlyyyy) b. Laboratory Name NICOLE SKYLESON G. Analysis Performed By (Name) B. Form Selection 1. Please select Form Type and Sampling Month & Frequency Monitoring Well Data Report - 2022 Annual All forms for submittal have been completed. 2. This is the last selection. 3. Delete the selected form. gdpols 2015-09-15.doc • rev, 09/15/15 Groundwater Permit Daily Log Sheet • Page 1 of 1 L'i VI111-UI""""""0LG'I,G 11vuluill 1 fGI1111 MAIkImcl Groundwater Permit 2. Tax identificatlon Number MONITORING WELL DATA REPORT L I 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 MW1 MW2 MW3 MW4 Units Well #: 1 Well #: 2 Well #: 3 Well #: 4 Well #: 5 Well #: 6 TOTAL PHOSPHORUS ASP 0 13 0,10 1 0.065 ND MGI. ORTHO PHOSPHATE ND ND ND ND %, G/L mwdgwp-blank.doc • rev. 09/15/15 Monitoring Well Data for Groundwater Permit • Page 1 of 1 '•� _ Uur GuL Vi J�VLIIVC I LMMC LIVII - VIVUktU%WLGI C11111t IYLIIIIIJCI Groundwater Permit �. 2. Tax identification Number MONITORING WELL DATA REPORT 21722 ANNUAL 3. Sampling Month & Frequency D. VOC Analysis information • If VOCs are present, please indicate the amounts of the individual compounds in pg/l. • For "0", below detection limit, less than (<) value, or not detected, enter "NX • NS = Not Sampled ■ DRY �: Not enough water in well to sample. Parameter/Contaminant MW1 MW2 MW3 MW4 Units Well #: 1 Well #: 2 Well #: 3 Well #: 4 ACETONE ND ND NQ ND UGIL BENZENE ND ND IND uGsl. 1,1 DICHLOROETHANE IND I IND JND ND UGIL 1,2 DICHLOROETHANE ND NQ I IND ND UGIL 1,1 DICHLOROtETHYLENE IND IND ND ND UGIL C15-1,2-DICHLOROETHYLENE Np ND ND Nl7 U&L TRANS 1,2 DICHLOROETHYLENE ND ND ND NQ UGIL ETHYL BENZENE NpI NQ ND ND UGIL METHYLENECHLORIDE Np ND ND ND UGA- TOLUENE ND ND ND ND UGIL O -XYLENE ND ND NQ ND UGIL PIM XYLENE ND IND I IND UGIL CARBON TETRACHLORIDE IND IND ND NO UGIL CHLOROFORM IND ND ND ND UGIL 2-BUTANONE (MEK) ND IND NO ND UGIL Well #: 5 Well #: 6 mwdgwp-blarnk.doc • rev. 09115115 Monitoring Well Data for Groundwater Permit • Page 1 of 1 uui cau ter, P%va .ui �i IUL�, LIUII - �i wui iu rra 6ci vwul'Qq yc i iuyi arta i. r ai nnL INUgI uoi Groundwater Permit L -i MONITORING WELL DATA REPORT 2• Tax identification Number 2022 ANNUAL 3. Sampling Month & Frequency D. VOC Analysis Information • If VOCs are present, please indicate the amounts of the individual compounds In pg/l, • For '0", below detection limit, less than (<) value, or not detected, enter "ND" • NS =Not Sampled • DRY = Not enough water in well to sample. ParameteriContarninant MW1 MW2 MW3 MW4 Units Well #: 1 Well #: 2 Well #: 3 Well #: h 4•METHYL-2-PENTANONE (MIBK ND I ND NQ NQ UGIL TRICHLOROETHYLENE ND ND I Np I ND UGIL TETRACHLOROETHYLENE ND ND I IND NQ UG1L 1,1,1 TRICHLOROETHANE ND ND I ND ND UG'L VINYLCHLORIDE ND I IND I IND ND Uat STYRENE ND J ND IND I IND UGIL CHLOROBENZENE ND ND IND UGIL METHYL TERTIARY BUTYL ETHE ND ND ND ND UGIL CHLOROETHANE Np IND ND ND UCL 1,2.DICHLOROPROPANE ND ND IND UGOL DIBROMOCHLOROMETHANE ND ND ND ND UGIL 1,1,2 -TRICHLOROETHANE ND IND ND UGIL 2•CHLOROETHYLVINYL ETHER ND ND NE) ND UGIL BROMODICHLOROMETHANE ND ND ND ND UGIL BROMOPORM ND ND I IND ND UGIL Well #: 5 Well #: 6 mwdgwp-blank.doc • rev. 09115/15 Monitoring Well Data for Groundwater Permit • Page 1 of 1 �L Groundwater Permit MONITORING WELL. DATA REPORT 2. Tax identification Number , 2x22 ANNUAL 3. Sampling Month & Frequency D. VOC Analysis Information • If VOCs are present, please indicate the amounts of the individual compounds in pg/l. • For "0", below detection limit, less than (<) value, or not detected, enter "ND" • NS =Not Sampled • DRY = Not enough water in well to sample, Parameter/Contaminant MW1 Units Well #: 1 MW2 MW3 MW4 Well #: 2 Well #: 3 Well #: 4 Well #: 5 Well #: 6 1,1,2,2 -TETRACHLOROETHANE NDND ND N❑ UGA- CHLOROMETHANE ND ND ND ND UGIL 13ROMOMETHANE ND ND IND ND LIGIL CAR60NDISULFIDE ND ND ND ND UOL 2-HEXANONE ND ND ND ND UGlL ACROLEIN IND ND f — J� ND I IND UG& ACRYLONITRILE ND ND ND IND UCA TRANS-1,3•DICHLOROPROPENE ND ND INDI ND UGIL CIS-1,3-13ICHLOROPROPENE { ND IND ND ND UG/L 1 my,dgwp-blank.doc • rev. 09/15/15 Monitoring Well Data for Groundwater Permit • Page 1 of 1 u Important:when filling out farms on the computer, use only the tab key to move your cursor - do not use the return key. Any person signing a document under 314 CMR 5.14(l) or (2) shall make the following certification If you are fling electronic -ally and want to attach additional comments, select the check box. F Uu1 C:Qu VI r%GOVV1 VG 1 IUCU] Llulr - Vi Vui IU vyu lG1 L law ILu yG I 1Vul Cil I Groundwater Permit Facility Information REWSTER MANOR a. Name 873 HARWICH ROAD 1. r Qf lllrC IYutl iuvk 2. Tax identification Number b. Street Address BREWSTER IMA 102631 C. City d. Stake a. Zip Cade Certification "I certify under penalty of lane that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the Information, the information submitted is, to the best of my knowledge and belief, true, accurate arxi complete. I am aware that the are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." ELIZABETH BELAIR - — 211812022 a. Signature b. Date (mmldd/nyy) gdpols 2015.09-15.doc - rev. 09115/15 Groundwater Permit • Page 1 of 1 T� COASTAL engineering co. TECHNICAL SERVICES 260 cranberry Highway Orleans, MA 02653 509,255.6511 P 508.255.6700 F Orleans I Sandwich I Nantucket c aastalengin ee ri ngcorn p any.com L Y�n�4�EAL�N a� o�PR�T 1 To: Brewster Town Hall Date: Board of Health Department Via: 2198 Main St Brewster, MA 02631 Subject: Cape Cod Sea Camps 3057 Main Street Brewster, MA GWDP 977-0 Plans F] Copy of Letter We are sending the following items: Copies Date No. 1 0112022 C16845,02 1 0112022 C16845.O2 1 02/15/2022 C1684S.O2 'these are transmitted as checked below: F]for approval ®far your use E Specifications 02/15/2022 NSMITTAL Project No. 016845.02 ®1st Class Magi Pick up DCertified EFed Ex ® Other Description Daily Log Sheet (Not field-tested — Camp is Closed) Monthly Discharge Monitor Report (Nat sampled -- Camp is Closed eDEP Electronic Receipt Oas requested Ofor review 6 comment Remarks: Enclosed are the recent monthly reporting forms for the system at the above referenced ioration under GWDP 977-0. The laundry mat has been shut down since the camp has been closed. No flow or pH was able to be recorded and the distribution box was not sampled. Please do not hesitate to contact us if you have any questions or comments, JGSIacc By: John G. Schnaible, R.S. Cc: plombardi(@hrewster-ma.gov NOTE: if enclosures are not as noted, please contact tis at (558) 255-5511 orteans I Sandwich I Nantucket D:IDOCIC16Boo 116845.021Tronsmit tals12022-02-15 Trensmittal (GWDP 2022),doC Massachusetts Department of Environmental Protection 077 Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number Groundwater Permit 2. Tax identification Number DAILY LOG SHEET - 2022 JAN DAILY 3. Sampling Month & Frequency C. Daily Readings/Analysis Information Date Effluent Reuse Irrigation Flow GPD Flow GPC Flow GPD 1 NS [ 2 NS f 3 NS 4 NS 5 NS 6 NS 7 NS $ NS 9 NS 10 NS 11 NS 12 NS 13 NS 14 NS 1s NS 16 NS 17 NS 18 NS 19 NS 20 NS [ 21 NS �J 22 NS _ �J 23 NS 24 NS 25 NS �. 26 NS 27 NS 28 NS771 29 NS 30 NS 31 NS Turbidity Influent pH Effluent Chlorine pH Residual (mg/1) UV Intensity V/oj gdpols.doc - rev. 09115/15 Groundwater Permit Daily Log Sheet - Page 1 of 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit MONITORING WELL DATA REPORT 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 LAUNDRYEFFL . Units Well #: 1 TSS �c MGIL o[L & GREASE INS MGIL FOAMING AGENTS (MBAs) NS MG/L sJ 1. Permit Number 2. Tax identification Number 2022 JAN MONTHLY 3. Sampling Month & Frequency Well Well M 2 Well #: 3 Well #: 4 Well #: 5 12 - Well #: 6 mwdgwp-blank.doc • rev. 09/15/15 Monitoring Well Data for Groundwater Permit • Page 1 of 1 2115122, 12:14 PM . W7:1 M MaSSr]FP's Online Filina Svstem eDEP - MassDEP's OniineFiling System MassDEP dome I Contact ! Privacy Policy Receipt Summary/Receipt Your submission is complete. Thank you for using DEP's online reporting system. You can select "My eDEP" to see a list of your transactions. DEP Transaction ID: 1346324 Date and Time Submitted: 2/1512022 12:11:47 PM Other Email : DEP Transaction ID: 1346324 Date and Time Submitted: 2/15/2022 12:11:47 PM Other Email: DEP Transaction ID: 1346324 Date and Time Submitted: 2/1512022 12:11:47 PM Other Email : Form Name: Groundwater Discharge Monitoring Report Forms Facility Information: Tax Identification Number: 043070847 location: 3057 MAIN STREET Address: BREWWSTER ZIP: 02631 Daily Log Sheet(2022 JAN DAILY) Form Name: Groundwater Discharge Monitoring Report Farms Facility Information: Tax Identification Number: 043070847 location: 3057 MAIN STREET Address: BREWSTER ZIP: 02631 Monitoring Well Data Report(1 - 2022 Jan Monthly) Form Name: Comments Farms Signature Receipt print receipt Exit My eDEP MassDEP Home i Contact i Privacy Policy MassDEP's Online Filing System ver.15.21.6.00 2022 MassDEP https://edep.dep.mass.govIeDEP/PagesIPrintReceipt.aspx 111 COASTAL engineering co. TECHNICAL SERVICES 260 Cranberry Highway Orleans, MA 02653 509.255.6511 p 508.255.670❑ F Orleans i Sandwich I Nantucket coastaleng ineeringcompany.c om To: Jacquelyn Linehan, Property Mgr, Bate: King's Landing Apartments Via: 1200 South State Street Brewster, MA 02631 Subject: King's Landing Apartments 3 State Street Brewster, MA Permit #934-1 Plans Copy of letter []Specifications ®Other We are sending the following items: RECEIVED KMAR 2022 8R DvVSTEFZ L7'I i EPAFZ rl\/IEf T TRANSMITTAL 02/28/2022 Project No. W1314007.00 ®1st Class Mail 0Pick up QCertified ❑Fed Ex copies Date No. Description 1 0112022 934-1 Daily Log Sheet 1 01/28/2022 934-1 Annual, Quarterly, & Monthly Discharge Report w/Laboratory Test Results 1 01/02/2022 934-1 Monthly Monitoring Well Report (Field-tested Data) 1 ❑212812022 934-1 eDEP Electronic Receipt These are transmitted as checked below: F]for approval ®for your use ®as requested Elfor review 6 comment 171 Remarks: Enclosed are the recent reporting forms for the wastewater treatment facility at the above -referenced location, Annual system testing results indicate no detection of Volatile Organic Compounds {VOCs). Quarterly system test results indicate good treatment. Monthly system test results indicate high levels of Total Nitrogen that exceed the upper discharge limit due to elevated levels of TKN. Test results also indicated high levels of Total Suspended Solids, We will adjust the system settings and use of process control chemicals to help improve treatment of the system, The average daily flow was approximately 10,658 gpd, If you have any questions regarding this report or the WWTF, please do not hesitate to contact us. cc: Brewster Board of Heath By: Chad A. Simmons, WWTPO CC Commission Horsley Witten Group, Inc. AquaPoint.3 LLC NOTE: If enclosures are not as noted, please contact us at (508) 255-6511 ❑AD❑C\W I WBR\Q W\TRANSmiTTAts\TRANSMITTAL (JAnum Y 2022).aac ❑deans I Sandwich I Nantucket Massachusetts Department of Environmental Protection 1934 Bureau of Resource Protection - Groundwater Discharge Program 1- Permit Number - Groundwater Permit 2-T . ax identification Number FF DAILY LOG SHEEN 2022 JAN DAILY f 3. SSampling Month & Frequency C. Daily Readings/Analysis Information Date Effluent Reuse Irrigation Turbidity Influent pH Effluent Chlorine UV Flow GPD Flaw GPD Flow GPD pH Residual Intensity (mgll) NO) 1 8612 2 11972 3 9889 �� 7.09 7.42 _ 4 10678 I 7.05 7.40 8998 7.11 7.41 JJ 6 10352 J 7.04 7.39 7 9395 I 7.10 7.36 $ 9947 !J f� ��FLI -. 9 11215 777d 10 93467.11 7.34 11 11758 �� � 7.16 7.38 12 10077 7,14 7.40 13 9738 7.11 7.36 14 10310 !� T.., -6 7.42 15 11025 �. 16 10390 Q 17 10954 7.14 7.33 7 a 10414 7.10 7.38 19 9674 7.13 7.40 20 9322 7.04 7.36 21 10513 � 7.1� 7.38 22 11062 23 12484 24 9645 7.16 7.42 25 11485 7.09 7.40 26 4771 F�! 7.14 7.47 27 25,55 _� 7.02 7.45 28 9964 �� 7.16 7.42 29 14448 3U -d [145143 31 971 �J 7.11 7.38 gdpols.doc • rev. 49/15/15 GrounchNater Permit Daily Log Sheet • Page 1 of 1 This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. Massachusetts Department of Environmental Protection 934 Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number Groundwater Permit 2- Tax1dontification Number USCHARGE MONITORING REPORT 2p22 ANNUAL -- .._. 3. Sarripling_Whffi & Frequency • If VDCs are present, please indicate the amounts of the individual compounds in pg/l. • For "0", below detection limit, less than (<) value, or not detected, enter "ND" • NS= Not Sampled 1. ParameterIContaminant 2. Influent 3. Effluent 4. Effluent Method Units Detection limit ACETONE ND UGL BENZENE Nb 1 •p ^� UG& 1,1 IDICHLOROETHANE UGIL 1,2 MCHLOROETHANE ND I rj.5 WL 1,1 DICHLOROETHYLENE ND 1.0 UGI_ GIS-1,2-DICHLOROETHYLENE ND 1.0 Wk TRANS 1,2 DICHLOROETHYLENE f ND (1.5 uGI ETHYL -BENZENE ND W/L METHYLENECHLORIDE UGIL TOLUENE ND 1.p UGIT_ o3CYLENENp F-1-6 . . UGJL PIM XYLENE ND 2,0 UGIL ^ CARBON TETRACHLORIDE ND I 1.0 UGR CHLOROFORM ND 1.0 UG& 2-BUTANONE (MEPC)ND 16 UGIL infefrrp-Hank.doc • rev. 09/15/15 Groundwater Permit Discharge Monitoring Report • Page 1 of 1 This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. Massachusetts Department of Environmental Protection 934 5 Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number Groundwater Permit 2. Tax identification Number DISCHARGE MONITORING REPORT 2022 ANNUAL 3. Sampling Month &Frequency • If VOCs are present, please indicate the amounts of the individual compounds in pgll. • For "0", below detection limit, less than (<) value, or not detected, enter"ND" • NS =Not Sampled 1. Parameter/Contaminant 2. Influent 3. Effluent 4. Effluent Method Units detection limit 4-METHYL-2-PENTANONE (NMBK) 10 UGIL TRICHLOROETHYLENE Np [ 1.0 LEGA. TETRACHLOROETHYLENE ND 1.0 UGIL 1,1,1 TRICHLOROETHANE ND 2.0 UGL MNYLCHLORIDE ND J 1.0 LY31L STYRENE ND 1.0 UGA- CHLORDBENZENE ND �J _ 3.5 UGL METHYL TERTIARY BUTYL ETHER 110 UGL CHLOROETHANENp 2.0 UGL 1,2-DICHLOROPROPANE ND 3,5 UGIL DIBROMOCHLOROMETHANE ND 1.0 UGL 1,1,2 -TRICHLOROETHANE ND 1.5 UCNL 2-CHLOROETHYLMNYL ETHER ND F-10 LIGIL BROMODiCHLOROMETHANE ND 1.0 UGH.. BROMOFORM ND UGt_. infeffrp-blank.doc • rev. 09/15/15 Groundwater Permit Discharge Monitodng Report • Page 1 of 1 This document was created by an application that isn't licensed to use novae F. Purchase a license to generate PDF files without this notice. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program 1. Parmit Number Groundwater Permit Tax is ntieication Number DISCHARGE MONITORING REPORT € 2(V ANNUAL_ 3. Sampling R,16riih & Frequency • If VOCs are present, please indicate the amounts of the individual compounds in Pg/l. • For "0", below detection limit, less than al ue, or not detected, enter "ND" • NS =Not Sampled 1. Parameter/Contaminant Units f ,1,2, 2-TETRAC H LORO E-fHA N E UGIL CHLOROMETHANE UG,- BROMOMETHANE UGIL CARBON04SULFIDE WIL 2-HEXANONE UG/L ACRDLEIN UGdL ACRYLONITRILE UG - TRA NS-1,3-DICH LO ROPRO P ENE JGIL C Is -1, 3 -Dic H LO ROPRDPEN E U.GIL infeffrp-blank.doc • rev. 09115/15 2. Influent 3. Effluent 4. Effluent Method Detection limit 5.0 ND _ 5.0 ND s 5.O ND I ND { ND ND i ND Groundwater Permit Discharge Monitoring Report • Page 1 of 1 This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. Massachusetts Department of Environmental Protection - It4 Bureau of Resource Protection - Groundwater Discharge Program1. Permit Number Lj Groundwater Permit 2. Tax identification Number DISCHARGE MONITORING REPORT 2fl21 QLfAF2TERLY 4 1 3 5arripling Idlorith & Frequency For "0", below detection limit, less than {<} value, or not detected, enter "ND" • TNTC = too numerous to count. (Fecal results only) • N5 = Not Sampled 1. Parameter/Contaminant 2. Influent 3. Effluent 4. Effluent Method Units Detection limit TOTAL PHOSPHORUS AS P 7.45 j 0.100 Knc - QRTH❑ PHOSPHATE 4.95 10.125 MGL infeffrp-blank-doc • rev. D9115/15 Groundwater Permit Discharge Monitoring Report • Page 1 of 1 This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. Massachusetts Department of Environmental Protection 934 _____� Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number Groundwater Permiti� 2. Tax identification Number DISCHARGE MONITORING REPORT' i -- 2022. JAN MONTHLY . 3.. 5amplingMonth & Frequency • For "0", below detection limit, less than (<) value, or not detected, enter "ND" • TNTC = too numerous to count. (Fecal results only) + N5 = Not Sampled 1. ParameterlContaminant Units BOD MGIL TSS PRGA- TOTAL SOLI Ds UG L AFAMONiA-N MGIL NITRATE -N MGIL TOTAL NITROGEN(NO3+NO2+TKN) MGL OIL & GREASE MCA- infeffrp-blank.doc • rev. 09/15/15 2, Influent 128 3. Effluent 4. Effluent Method Detection limit 11 ❑ �� 38 B.0 370 17.2 0.31 O.t0 Q.050 38.2 F4 70- ­ Groundwater Permit Discharge Monitoring Report • Page 1 of 1 This document was created by an application that isn't licensed to use novaPDF. Purchase a license to generate PDF files without this notice. HA A N A LYT i CAL ANALYTICAL REPORT Lab Number: L2204910 Client: Coastal Engineering Company 260 Cranberry Highway Route 6A Orleans, MA 02653 ATTN: Chad Simmons Phone: (508) 255-6511 Project Name: KINGS LANDING BREWSTER Project Number: WBR007.00 Report Date: 02/11/22 SerialNo:02112212:38 The original project reporddata package is held by Alpha Analytical. This report/data package is paginated and should be reproduced only in its entirety. Alpha Analytical hadds no responsibility for results and/or data that are not consistent with the original. Certificattnns & Approvals: MA (M-MAO86), NH NELAP (2064), CT (PH -0574), IL (200077), ME (MAO 086), MD (348), NJ (M A935), NY (i 1148), NC (25700/666), PA (68-03671), RI (LAC00065), Tx (7104704476), VT (VT -0935), VA (460195), USDA (Permit #P330.17-00196). Eight Walkup Drive, Westborough, MA 01581-1019 508-898-9220 (Fax) 508-898.9193 800-624-9220 - www.alphalab.com :ALFHA Page 1 of 30 VOLATILES Page 6 of 30 Serial No:02112212:38 *M Project Name: KINGS LANDING BREWSTER Project Number: WBR007.00 SAMPLE RESULTS Lab ID: L2204910-03 Client ID: EFFLUENT(GRAB) Sample Location: 3 STATE ROAD, BREWSTER, MA Sample Depth: ND Matrix: Water Analytical Method: 128,624.1 Analytical Date: 01/29/22 01:16 Analyst: GT Result Quatifter Units Parameter 1.0 -- Volatile Organics by GC/MS - Westborough Lab Ug/1 Mathylene chloride NO 1,1-Dichloroethane ND Chloroform ............. ............. ND Carbon tetrachloride ND i ,2-Dichloropropane ND Dibromochloromethane NO 1,1,2 -Trichloroethane ND 2-Chloroethylvinyl ether .................................... No Teirachloroethene ND Chlorohenzene ND Trichlorofluoromethane NI) 1,2-Dichloroethane ND 1,1,1 -Trichloroethane NO Bromodfchiaromethane -... ND _ . trans•1,3-Dichloropropene ND cis-1,3-Dich$oropropeneND ............ 1 Bromoform ND 1,1,2,2 -Tetrachloroethane NO Benzene ND Toluene ND ............................................... Ethylbenzene ND Chloromethane ND Bromomethane NO Vinyl chloride ND ChlorcethaneND ............................................._............................................ 1 ........... _ ............... 1,1-Dichloroethene ................ ND trans-1,2-Dichloroethene ND cis 1,2 Dichloroethene ND Page 7 of 30 Serial No:02112212:38 Lab Number: L2204910 Report Date: 02/11/22 Date Collected: 01/27/22 08:30 Date Received: 01/28/22 Field Prep: Not Specified RL MDL Dilution Factor ugll 1.0 -- 1 Ug/1 1-5 -- 1 ugll 1.0 -- 1 ugit 1.0 ........... ugll 3.5 ug,+l 1.0 1 ug/11 1.5 1 ugli 10 1 ug41.0 ........ .... ._................. ............... 1 ... ugll ugrl ugh 1.5 1 ug/1 2.0 1 ugll 1.0 .............. ........ ... ..... ugll ......... 1.5 1 ugll 1.5 .............�..—_................_.......... 1._...... ._ ugll 1.0 -- 1 ugA 1.0 - 1 ugll 1.0 t ugll 1.0 -- ........ 1 ugll.... 1.0 ugll 5.0 1 ugll 5.0 1 ugrl 1.0 ugll 2.0 - 1 Serial No:02112212:38 Project Name: KINGS LANDING BREWSTER Lab Number: L2204910 Project Number: WBR007.00 Report Date: 02/11/22 SAMPLE RESULTS Lab ID: L2204910-03 Date Collected: 01/27/22 08:34 Client ID: EFFLUENT(GRAB) Date Received: 01/28/22 Sample Location: 3 STATE ROAD, BREWSTER, MA Field Prep: Not Specified Sample Depth: Parameter Result Qualifier Units RL MDL Dilution Factor Volatile Organics by GCIMS - Westborough Lab Trichloroethene ND ugA1 •U .. ..........................�. _.....— 1 _ .. _...........-----....... 12-01chlorobanzene ND ugA 1,3 -Dichlorobenzene ND ugA 5.01 1,4 -Dichlorobenzene ND ugll ....... ..._ - — 5.0 - -....-.......-- 1 _ _....- ....._...... .. plm-xylene ND ugll 2.0 1 e -xylene ND _....__...—...__..._.-- — ugA ........ .... 1.0 - _.... _...... __�--� .......-- 1 �..._ Xyienes, Total .......................... ND ugll 1.0 1 Styrene ND ugll 1.0 - 1 Acetone ND ugA 10 1 Carbon disulfideND — ugA v..._._. 5.0 _.._ .._..._........._ , _...-.........-. 2-ButanoneND --.._.................._ __...--......__�._.._... ugll 10 1 VinylND acetate ..... _.......... _ u ........._.......__._ ...........—..... 10 1 . 4-Methyl-2-pentanone ND ugA 10 1 2-Hexanone ND ugll 10 1 AcrolelnND ugn $.0 - 1 Acrylonitrile ND ---._._......._ ugA —........_. �---.... _- Dibromomethane _.�—.........._...........------.._..... ND ugA 1.0 1 Acceptance Surrogate % Recovery Qualifier criteria Pentafluorobeniene 1 co 60-140 Fluorobenzene 93 60-140 4-Bromofiuorobenzone 114 60-140 Page 8 of 30 Project Name: KINGS LANDING BREWSTER Project Number: VWBR007.00 Method Blank Analysis Batch Duality Control Analytical Method: 128,624.1 Analytical Date: 01129/22 00:41 Analyst: TAB Serial No:02112212:38 Lab Number: L2204910 Report Date: 02/11/22 Parameter Result Qualifier Units RL MOL Volatile Organics by GUMS -Westborough Lab for sample(s): 03 Batch: WGIS99692-4 Methylene chbride ND ugll i.0 ................ 1, 1 -D chl oroet hane NO utyl 1.5 Chloroform IND ug11 1.0 Carbon tetrachloride .................... ND ug/1 1.0 1,2-Dichlorepropane ND ugll 3.5 DibromoMoromethane IND ugll 1.0 1,1,2 -Trichloroethane N D ugrl 1.5 2-Chloroethylvinyl ether ND ugA 10 Tetrachloroethene NO ugll 1.0 Chlorol.,+anzene ND ugrl 3.5 .................................. .................... Trichlorofluoromethane ND u9 1,2-Dichloroethane ND ugll 1.5 1,1,1 -Trichloroethane ND ugil 2.0 ............. Bromodichloromethane NO up trans -l,3 -Di ch loroprop9ne ND ugll ......................... 1.5 - . ............................ ..... cis-1,3-Dichloropropene ............... ............. ND ugrl 1.5 Bromoform NO ugll 1.0 _.. .............. ..................................... 1,1,2,2 -Tetrachloroethane ... .. . ..................... ND ugh 1.0 ................ Benzene . .......... . ND ..... ..... ugil 1.0 Toluene ND ugll 1.0 .................. Ethylbenzene ND ug l 1.0 Chloromethane ND u[grl 5.0 - _ .. ............ _. Bromomethane ND ugll 5.0 Vinyl chloride N❑ ugll ............... 1.0 - ................................ . _ Chloroethane _..................—. ND . .............. ugA 2.0 1,1-DichloTo9thene ND ugll 1.0 trans-1,2-Dichloroethene N❑ ugl .1.5 ................................ cis-1,2-Dichboroethene ND ugll 1.0 Trichloroethene .......................... ND ........................... .............. ............................ ugll .................. . 1.0 ............................ .......................... ..................... Page 9 of 30 Serial Ne:02112212:38 Project Name: KINGS LANDING BREWSTER Lab Number: L2204910 Project Number: WBR007.00 Report Date: 02/11/22 Method Blank Analysis Batch Quality Control Analytical Method: 128,624.1 Analytical Date: 01/29/22 00:41 Analyst: TAB Parameter Result Qualifier units RL MDL Volatile Organics by GUMS -Westborough Lab for sample(s): 03 Batch: WG1599692-4 1,2 -Dichlorobenzene ND Ug/1 5.0 - 1,3 -Dichlorobenzene NO ugll 5A - 1,4 -Dichlorobenzene ND ugll 5.0 - p!m-Xylene .............. ND ugil 2,0 -- ...... ... - - ............_•_—•_.. o -xylene ..... ..... ND _......... ....... ...... _... -- ugll -............... .......... ...... ......... ... .. ___._-...... _—..— — 1.0 - _�_.._.... __..__... Xylenes, Total _ ._...- ND ug it . . ..._......_.._ - -W 1.0 - _.._.._...._.. .................................... Styrene ND ugh ... _.... ...... ... .......... _......_....... - ... -...... _ 1.0 - Acetone NR ugll 10 - Carbon disulfide ND ugll 5.0 - 2-Butanone ND ugA 10 - Vinyl acetate ND ugll 10 - 4-Methyl-2-pentanone ND ugll 10 - . ............ 2-Hexanone . . . . ... ....... .-........._ ND .. urPVl . ......- 10 -- -.. Acroiein ND ugA ... ......... ... ._._.... ....... _....... _ 8.0 - Acrylonitrile ND ug4 10 _......_ _.. _...._........... ——._..........._.........- Dibromomethane --- ND —.._..._............................................ ug�l ..._. _ _..........-..--..._.._._...—_......._._..._ ..._....................... 1.0 Acceptance Surrogate %Recovery Qualifier Criteria Pentafluorobenzene 101 60.149 Fluorobenzene 91 60.140 4-13romofiuorobenzene 112 60-140 ALPHA Page 10 of 30 INORGANICS MISCELLANEOUS Page 14 of 30 Serial No:02112212:38 Serial No:02112212:38 Project Name: KINGS LANDING BREWSTER Lab dumber: L2204910 Project Number: WBR007.00 Report Date: 02/11/22 SAMPLE RESULTS Lab I D: L2204910-01 Date Collected: 01/28/22 08:00 Client ID: INFLUENT(COMPOSITE) Date Received: 01/28/22 Sample Location: 3 STATE ROAD, BREWSTER, MA Field Prep: Not Specified Sample Depth: Matrix: Water Dilution Date Date Analytical Parameter Result Qualifier Units RL MDI.. Factor Prepared Analyzed Method Analyst General Chemistry - Westborough Lab Solids, Total 370 mg/1 20 NA ................._........._.............._.........._...._.. 2 02/07/22 09:25 121,25406 .. __._..._.._.- ...__.-.....-- ........... - ...__.._.... DW So4ids, Total suspended _. 110 rrrgll _....__ 11 ....-..._ NA 2.2 - 0210612213:57 Nitrogen, Ammonia 17.2 mgll 0.750 10 02/05/22 02:25 02106/2220:31 121,4500NH3-BH AT BOD, 5 day 120 mgll 30 NA 15 02/05/22 11:20 02/10/22 13:20 121,5210B JT ALPHA Project Name: KINGS LANDING BREWSTER Project Number: WBR007.00 SAMPLE RESULTS Lab ID: L2204910-02 121,2540D Jed Client ID: EFFLUENT(COMPOSITE) 121,4500NO2-13 Sample Location: 3 STATE ROAD, BREWSTER, MA Sample Depth: 44,353.2 MR 10 Matrix: Water AT NA 2,5 Parameter Result Qualifier Units RL General Chemistry - Westborough Lab Solids, Total Suspended 38. mgll 9.0 Nitrogen, Nitrite 0.090 mgA 0.020 Nitrogen, Nitrate 0.31 Mg/1 0.10 Nitrogen, Total Kjeldahl 37.8 mgil 3.00 BOD, 5 day 28, mgt! 5.0 Page 16 of 30 Serial No:02112212:38 Lab Number: L2204910 Report ❑ate: 02/11/22 Date Collected: 01/28/22 08:00 Date Received: 01/28/22 Field Prep: Not Specified Dilution Date Date Analytical MDL Factor Prepared Analyzed Method Analyst NA 1.8 02103/22 21:45 121,2540D Jed 1 01/29/22 08:03 121,4500NO2-13 KA 1 - 0210112210:27 44,353.2 MR 10 01131/22 15:50 01/31/22 18:22 121,4500NH3-H AT NA 2,5 0112EV2222:12 02102/2217:43 121,5210B JD ALPHA Serial No:02112212:38 Project Name: KINGS LANDING BREWSTER Lab Number: L2204910 Project Number: WBR007.00 Report Date: 02/11/22 SAMPLE RESULTS Date Collected: 0112712208:30 Lab ID: L2204910-03 Date Received: 01128122 Client ID: EFFLUENT(GRAB) Field Prep: Not Specified Sample Location: 3 STATE ROAD, BREWSTFR, MA Sample Depth: Matrix: Water Dilution date Date Analytical Result qualifier units RL MRL Factor Prepared Analyzed Method Analyst Parameter General Chemistry - Westborough Lab 5Q mgll 0.100 -- 16 02104!2208:40 16 :20 12i,45DOP-E _. Phosphorus, Total 7.45 _- _._... ._....... --..2.......-._ mgll 0.125 ... 25 -- - - 01128122 22.21 121;4500P- E A AS Phosphorus, orthophosphate 4.95 mgll 4.0 1 D2l01122 12:30 02/01122 19:15 140,1664B TL Oil & Grease, Hem-Grav ND ALPHA Page 17 of 30 00 LY) N 0 0 2 I U) 0 LL 0 Z IJ ❑ J L G � LU 7- � Yk7L[317i]a.0 n4 u° .3sea-JE) 8 114 e' a WP- Dan ❑ ❑ a do ❑ ❑ � � ❑ 21 a LL M � 3 M o 3. � Q 7 WN `{}N '9000 ❑ ❑ s co Ssi gLJZ C7 ❑ � � � C y1 Cj U I � cy m A- a. r 4 d A .3sea-JE) 8 114 e' a WP- Dan ❑ ❑ a do ❑ ❑ c p ❑ 21 BHN Z El ci 3 D a� WN `{}N '9000 ❑ ❑ co Ssi gLJZ Zy ❑ Sl 'Sflt��3 � ❑ ❑ � may{ �n rn E E s W g u S4 W [1 p Cx a a� � U •' ai ratyy C 15 U Si Rte. .3sea-JE) 8 114 e' a WP- Dan ❑ ❑ a do ❑ ❑ c p ❑ 21 BHN Z El ci ❑ ❑ D a� WN `{}N '9000 ❑ ❑ co Ssi gLJZ Zy ❑ Sl 'Sflt��3 � ❑ ❑ � may{ E E s Cx a� � U f v � p ti V: m p y vOL in a Q E .IF iSiv r 3 � m 1 I r —I ❑I I ❑ r � a � c a �? a ❑ 7y� l� CJ a� 0 r co Zy E � � may{ s Cx a� � U a p Ll p y vOL in I ❑ i5 ¢� LTJ a Q E .IF iSiv r 3 � m 1 I r —I ❑I I ❑ r � C 7 � 7 c �LU 0U a ❑ 7y� l� CJ Q 0 r co Zy LLc� may{ c - IL L)L) W 0 0U a ❑ l� CJ Q 0 r co Zy LLc� may{ s a� .r a c - IL L)L) W 0 0U a ❑ CJ Q 0 r co Zy L Massachusetts Department of Environmental Protection -934 Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number Groundwater Permit f ax•fdentificationNumber f MC)NITORIP�IG WELL DATA REPORT 2022 JAN MONTHLY 3, SampEing Month & Frequency • For "0", below detection limit, less than (�) value, ar not defected, enter "ND" • TNTC = too numerous to count. (Fecal results only) • N5 =Not Sampled • DRY = Not enough water in well to sample. Paramete rfContam1nant HW -1 HW -2 HW3 HW4 Units Well #: 1 Well #: 2 Well #: 3 Wel l #: 4 Well #: 5 Well #: 6 6.20 6.15 5.89 DRY s.u. STAT2 WATER LEVEL 21.63 20.60 19.71 DRY FEET SPECIFIC CONDUCTANCE 310 310 550 DRY UNC-�DS1C mwdg,,vp-blank.doc • rev. 09/15/15 Monitoring Well Data for Groundwater Permit • Page 1 of 1 This document was created by an application that isn't [icensed to use novaPDF. Purchase a license to generate PDF files without this notice. eDEP - MassDEP's OnlineFiling System MassDEP's bniina Filing System My eDEPI Formsd My Profiled Helpl Notifications Page 1 of 2 MassOEP Home I Contact I Privacy Policy Usemame:CASOMR Nickname: COASTAL260 Receipt ] VEEEENEIEW�: Forms S, ianature Receipt a SummarylReceipt print receipt Exit Your submission is complete. Thank you for using DEP's online reporting system. You can select "My eDEP" to see a list of your transactions. DEP Transaction ID: 1346107 Date and Time Submitted: 2/28/2022 10:56:19 AM Other Email : DEP Transaction ID: 1346107 Date and Time Submitted: 2/28/2022 10:56:19 AM Other Email DEP Transaction ID: 1346107 Date and Time Submitted: 2/28/2022 10:56:19 AM Other Email: DEP Transaction ID: 1346107 Date and Time Submitted: 2/28/2022 10:56:19 AM Other Email: DEP Transaction ID: 1346107 Date and Time Submitted: 2/2812022 10:56:19 AM Other Email : DEP Transaction ID: 1346107 Date and Time Submitted: 2/28/2022 10:56:19 AM Other Email : Form Narne: Groundwater Discharge Monitoring Report Forms Facility Information: Tax Identification Number: 352432096 location: 3 STATE STREET Address: BREWSTER ZIP: 02631 Monitoring Well Data Report(1 - 2022 Jan Monthly) Form Name: Groundwater Discharge Monitoring Report Forms Facility Information: Tax Identification Number: 352432096 location: 3 STATE STREET Address: BREWSTER ZIP: 02631 Discharge Monitoring Report - VOC(1 - 2022 Annual) Discharge Monitoring Report - VOC(2 - 2022 Annual) This document was created by an application that isn't licensed to use novae F. Purchase a license to generate PDF files without this notice. 2/28/2022 Massachusetts Department of Environmental Protection eDEP Transaction Copy� -- Here is the file you requested for your records. To retain a copy of this file you must save and/or print. Username: SFARRENKOPF Transaction ID: 1353053 Document: Groundwater Discharge Monitoring Report Forms Size of Fife: 1024.15K Status of Transaction: in process Date and Time Created: 31912022:2:25:42 PM Note: This file only includes farms 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 746 � Bureau of Resource Protection - Groundwater discharge Program 1. Permit Number _ Groundwater Permit 2. Tax identification Number DAILY LOG SHEET 2p22 FEBGAILY L Pi 3. Sampling Month & Frequency A. Facility Information Important. When filling out forms on 1. Facility name, address: the computer, use IPLEASANT BAY HEALTH CTR orgy the tab key to a. Name move your cursor- 383 s -66TH ORLEANS ROAD do not use the return key. b. Street Address BREWSTER IMA 102631 raj C. city d. State e. Zip Code 2. Contact information: rg+ A IJOSEPH SMITH a. Name of Facility Contact Person 7742125005 ljsrnith@NSUWater.com b. Telephone Number o. e-mail address 3. Sampling information: 12022 NOT APPLICABLE a. Date Sampled (mm/ddly ) b. Laboratory Name BEA NSU PERSONNEL e. Analysis Performed By (Name) B. Form Selection 1. Please select Form Type and Sampling Month & Frequency Daily Log Sheet - 2022 Feb Daily F All forms for submittal have been completed 2. r This is the last selection. 3. L- Delete the selected form. gdpols 2015-09-15.doc • rev. 09/15/15 Groundwater Permit Daily Lag Sheet • Page 1 of 1 Massachusetts Department of Environmental Protection 746 Li, Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number Groundwater PermitDAILY LOG SHEETTax identification Number 2422 FEB DAILY 3. Sampling Month & Frequency C. Daily Readings/Analysis Information Date Effluent Reuse Irrigation Turbidity Influent pH Effluent Chlorine UV Flow GPD Flow GPD Flow GPD pH Residual Intensity (mgll) N0 112247 E=6.7 65.6 - J 2 2303 8.4 6.7 71.7 3 13290 18.1 6.5 89.1 4 9738 _ I 8.5 66.3 5 9738 7 6480 5.8 I 70.0 8 10609 6.8 66.3 9 15M ^� 7.4 71.3 1 � 92g3 7.6 7.8 69.1 11 9099 7.2 ..... j 69.2 12 13 9099 14 10773 6.9 69.7 15 11082 8.9 I 74.4 16 10993 �7d r�j 71.9 17 3153 7.9 6.7 66.6 18 6145 6,6 74.3 20 6146 21 15946 6.9 75.9 22 6764 6.5 64.5 23 9148 8.8 6.8 66.7 24 4062 7.1 69.3 25 7705 7.Q 89.3 2s 7705 27 =7705 28 862 7.1 74.3 29 30 31 gdpols.doc • rev. 09115115 Groundwater Permit Daily Log Sheet • Page 1 of 'I Massachusetts Department of Environmental Protection 746 Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number Groundwater Permit 2. Tax identifcatian Numher DISCHARGE MONITORING REPORT 2022 FEB MONTHLY _ 3. Sampling Month & Frequency A. Facility Information fmportant:When filling out forms on 1. Facility name, address: the rvmputer, use JPLEASANT BAY HEALTH CTR only the tab key to a. Name move your cumor- 383 SOUTH ORLEANS ROAD do not use the return key. b . Street Address BREWSTER IMA 02631 IQ C. Clty d. State e. Zip Code I AV 2. Contact information: +� JOSEPH SMITH a. Name of Facility Contact Person 7742125005 )smith@NSU Water.com b. Telephone Number c. e-mail address 3. Sampling information: 12/10/2022 JALPHA ANALYTICAL a. Data Sampled [mmlddlyyyy] b. Laboratory Name ALPHA ANALYTICAL PERSONNEL G. Analysis Performed By (Name) B. Form Selection 1. Please select Form Type and Sampling Month & Frequency Discharge Monitoring Report - 2022 Feb Monthly r All forms for submittal have been completed. 2. )- This is the last selection. 3.— Delete the selected form. gdpols 2015-09-15.doc • rev. 09115115 Groundwater Permit Daily Log Sheet • Page 1 of 1 Massachusetts Department of Environmental Protection x746 - j Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number Groundwater Permit 2. Tax identification Number DISCHARGE MONITORING REPORT 12022 FEB MONTHLY 3. Sampling Month & Frequency D. Contaminant Analysis Information • For "0", below detection limit, less than (a) value, or not detected, enter "ND" • TNTC = too numerous to count. (Fecal results only) • NS = Not Sampled 1. ParameterlContaminant 2. Influent Units BOD 11-40 MGIL — - — Tss 49 VGL - TOTAL SOLIDS f310 MGJL AMMONIA -N 8 48 MC -1L NITRATE -N MGIL TOTAL NITROGEN(N43+NO2+TKN) MGA. OIL & GREASE MG4- FECAL COLIFORM 1100 ML CHLORIDE MG+L 3. Effluent 4. Effluent Method Detection limit IND--- FWD 1 16.0 230 110 I [2.80� 0.10 2.35 1 0.450 IND — - 14.0 1400 infeffrp-blank.doc • rev. 09115115 Groundwater Permit Discharge Monitoring Report • 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 retum key. VQ rerun jA Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater discharge Program Groundwater Permit MONITORING WELL DATA REPORT A. Facility Information Facility name, address: 746 f1. Permit Number i 2. Tax identification Number 2x22 FEB MONTHLY 3. Sampling Me nth & Frequency PLEASANT BAY HEALTH CTR a. Name 383 SOUTH ORLEANS ROAD b. Street Address BREWSTER IMA 02631 C. City d. State e. Zip Code 2, Contact information: OSEPH SMITH a. Naas of Facility Contact Person 7742125005 b. TeSaphcne Number 3. Sampling information: 2/23/2022 a, Date Sampded (mm/ftyyyy) BEA NSU PERSONNEL c. Analysis Performed By (Name) B. Form Selection jsmith@NSUWater.corn c. e-mail address NOT APPLICABLE b. Laboratory Name 1. Please select Form Type and Sampling Month & Frequency Monitoring Well Data Report - 2022 Feb Monthly r- All forms for submittal have been completed. 2. C++ This is the last selection. 3, r- Delete the selected form. gdpols 2015-09-15.doo • rev. 09/15115 Groundwater Permit Daily Log Sheet • Page 1 of 1 Massachusetts Department of Environmental Protection1746 Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number Groundwater Permit 2. Tax identification Number MONITORING WELL DATA REPORT 2F B MONTHLY 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. ParameterlContaminant DG -1 DG -2 DG4 UG -1 Units Well #: 1 Well #: 2 Well #: 3 Well #: 4 Well #: 5 Well #: 6 PH 6.11 6.75 - 1 rim F.72 S.U. STATIC WATER LEVEL 11 E4 11.66 11_76 11.77 FEET SPECIFIC CONDUCTANCE f 117.1302.2 -_ j ['121.6 - - UvHosrc mwdgwp-blank.doo - rev. 08115/15 Monitoring Well Data for Groundwater Permit • Page 1 of 1 Massachusetts Department of Environmental Protection 1746 � LlBureau of Resource Protection - Groundwater Discharge Program 1. Permit Number Groundwater Permit2. Tax identification Numbar Faeility Infolrmation Important:When IPLEASANT BAY HEALTH CTR filling out farms an a- Nave the computer, use only the tab key to 383 SOUTH ORLEANS ROAD move your cursor - b. Street Address do not use the JBREWSTER MA 102631 return key, C. City d. State e. Zip Code Certification rQ "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in lk At accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my Inquiry of the person a persons who manage the system, or those persons directly res pansVe for gathering the information, the Informatlon 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 poss!all lty of fine and imprisonment far knowing violations SAMANTHA FARRENKOPF 3/9/2022 Any person signing a document under 314 CMR 5.14(1) or (2) shall make the following certification If you are filing electronic -ally and want to attach additional comments, select the check box. r a. Signature Comments b. Date (mmlddlyyyy) BENNETT ENVIRONMENTAL ASSOCIATES, LLC. (BEA) HAS COMPLETED THE FEBRUARY 2022 MONTHLY INFLUENT AND EFFLUENT SAMPLING OF THE AMPHIDROME WASTEWATER TREATMENT SYSTEM. MONTHLY WASTEWATER SAMPLING WAS COMPLETED ON 2/14122. LABORATORY RESULTS REPORTED ALL PARAMETERS WITHIN DISCHARGE PERMIT LIMITATIONS. EFFLUENT PH WAS REPORTED WITHIN THE 6.5-8.5 RANGE THROUGHOUT THE MONTH. FLOW VOLUME MEASUREMENTS WERE ASSESSED DURING THE MONTH FROM THE SYSTEM'S EFFLUENT FLOW METER. DAILY FLOW REMAINED WITHIN THE 26,500 -GPD LIMITATION THROUGHOUTTHE MONTH. THE MINIMUM, MAXIMUM AND AVERAGE GPD FLOWS REPORTED OVER THE COURSE OF THE MONTH WERE 2,303 GPD, 15,946 GPD AND 8,960 GPD, RESPECTIVELY. gdpols 2015-09-15.doc • rev. 09/15/15 Groundwater Permit • Page 1 of 1 1 HA 'ANAL YT( CA r_ ANALYTICAL REPORT Lab Number: L2207199 Client: Bennett Environmental Associates 1573 Main Street Brewster, MA 02631 ATTN: Joseph Smith Phone: (508) 896-1706 Project Name: PLEASANT BAY Project Number: K47810DA.S.VVW.700 Report Elate: 02/22/22 Serial No:02222217:19 The original project report/data package is held by Alpha Analytical. This repoTUdata package is paginated and should be reproduced only in its entirety. Alpha Analytical holds no responsibility for results and)or data that are not consistent with the original. Certificaticns & Approvals: MA (M-MA456), NH NPLAP (2064), CT (PH -0574), IL (200077), MH (MA00086), lel❑ (348), NJ (PAA935), NY (11148), NC (2570 0/6 66), PA (68-03671), RI (LA000065), TX (T 1047 04476), VT (VT -0935), VA (460195), USDA (Permit #P330-17-00196). Eight Walkup Drive, Westborough, MA 01581-1019 508.898-9220 (Fax) 508-898-9193 800-624-9220 - www. alpha lab. corn Page 1 of 19 w' Ct_ 0� fS L] w w 0 0 m Q rn h N N cv r¢n o co + w ui LU a y t7 O Q a L [� z J EC a Q Q o w = z z L 6 r O Lr d f a7 C� to m Q r tY] 4 O � sa. N Na. N Ea zO G QI T T r ] N N N y O to O Q UD � o Q Q Q LL w I..LE a0. h h h o C ro G W W � wJ m m to w' Ct_ 0� fS L] w w 0 0 Q h z r¢n o co + w ui LU a a m a L [� z w w L (V EE w = z z r NCY) a o U U 07 d7 a7 C� to m O Q Q 4 4 O � sa. N Na. N an -1 -j Project Name: PLEASANT BAY Project Number: K47810DA.S.%WU.700 Case Narrative Serial No:02222217:19 Lata Number: L2207199 Report Date: 02/22/22 The samples were received in accordance with the Chain of Custody and no signlfcanf deviations were encountered during the preparation or analysis uniass otherwise noted. Sample Receipt, Container Information, and the Chain of Custody are located at the back of the report. Results contained within this report relate only to the samples submitted under this Alpha Lab Number and meet NELAP requirements for all NELAP accredited parameters unless othenmise noted in the following narrative. The data presented in this report is organized by parameter (i.e. VQC, SVOC, etc.). Sample specific Quality Control data (i.e. Surrogate Spike Recovery) is reported at the end of the target analyte list for each individual sample, followed by the Laboratory Batch Quality Control at the end of each parameter. Tentatively Identified Compounds (TICS), if requested, are reported for compounds identified to be present and are not part of the method/program Target Compound List, even 1f only a subset of the TCL are being reported. If a sample was re -analyzed c re -extracted due to a required quality control corrective action and if bath sets of data are reported, the Laboratory Ill of the re -analysis or re -extraction is designated with an "R" or "RE", respectively. When multiple Batch Quality Control elements are reported (e.g. more than one LCS), the associated samples for each element are noted in the grey shaded header Ilne of each data table. Any Laboratory Batch, Sample Specific % recovery or RPD value that is outside the listed Acceptance Criteria is bolded in the report. In reference to questions H (CAM) or 4 (RCP) when 'NO" is checked, the performance criteria for CRAB and RCP methods allow for some quality control failures to occur and still be within method compliance. In these instances, the spaciiio failure is not narrated but noted in the associated QC Outlier Summary Report, located directly after the Case Narrative. QC information Is also incorporated in the Data Usabillty Assessment table (Format 11) of our Data %larger too[, where it can be reviewed in conjunction with the sample result, associated regulatory criteria and any associated data usability implications. Soil1sediments, solids and tissues are reported on a dry weight basis unless otherwise noted. Definitions of all data qualifiers and acronyms used in this report are provided in the Glossary located at the back of the report. HOLD POLICY - For samples submitted on hold, Alpha's policy is to hood samples (with the exception of Air canisters) free of charge for 21 calendar days from the date the project is completed. After 21 calendar days, we will dispose of all samples submitted including those put on hold unless you have contacted your Alpha Project Manager and made arrangements far Alpha to continue to hold the samples. Air canisters will be disposed after 3 business days from the date the project is completed. Please contact Project Management at 800-624-3220 with any questions. k, the undersigned, attest under the pains and penalties of perjury that, to the best of my knowledge and belief and based upon my personal inquiry of those responsible for providing the information contained in this analytical report, such information is accurate and complete. This certificate of analysis is not complete unless this page accompanies any and all pages of this report. Authorized Signature: �` Michelle M, Morris Title: Technical Director/Representative Page 3 of 19 Date: 02/22/22 LILFI-iA INORGANICS MISCELLANEOUS Page 4 of 19 Serial No:D2222217:19 ALPHA Project Name: PLEASANT BAY Project Number: K47810DA.S.WW.700 Lab ID: L2207199-01 Dilution Factor Client ID: INFLUENT Analytical Method Sample Location: BREWSTER, MA NA Sample Depth: 02116/2211:10 Matrix: Water 20 Parameter Result Qualifier Units General Chemistry - Westborough Lab 121,2540D Solids, Total 310 mg11 Solids, Total Suspended 49. mg11 Nitrogen, Ammonia 8.48 mg11 BOO, 5 day 140 mgfl Page 5of19 SAMPLE RESULTS Serial No:02222217:19 Lab Number: L2207199 Report Date: 02/22/22 Date Collected: 02/10/22 13:00 Date Received: 02/10/22 Field Prep: Not Specified RL MDL Dilution Factor Date Prepared Date Analyzed Analytical Method Analyst 10 NA 1 02116/2211:10 121,2540E DW 20 NA 4 - 0211612216:15 121,2540D MD 0,150 -- 2 0211612212:16 02117/2220:40121,4500NH3-BH AT 30 NA 15 02/10/22 22:68 02/15/22 17:00 121,52105 JD Project Name: PLEASANT BAY Project Number: K4781ODA.S.WW.700 Lab ID: L2207199-02 0211612211:10 Client ID: EFFLUENT 5.0 NA Sample Location: BREWSTER, MA 121,2540D Sample Depth: 1.0 ! Matrix: Water TL Parameter Result qualifier Units General Chemistry - Westborough Lab 0.10 Solids, Total 230 mgA Solids, Total Suspended ND mgil Chloride 50. mgr Nitrogen, Nitrite 0.32 mgli Nitrogen, Nitrate 0.80 m911 Nitrogen, Total Kjeldahl 1.23 mgll BOD, 5 day ND mg/l Oil & Grease, Nem -Gray ND mgIl Page 6of19 Serial No:02222217:19 Lab Number: L2207199 Report Date: 02/22/22 SAMPLE RESULTS Date Collected: 02/10/22 13:15 Date Received: 02110122 Field Prep: Not Specified Dilution Date Date Analytical RL MDI. Factor Prepared Analyzed Method Analyst 10 NA 1 0211612211:10 121,25406 DW 5.0 NA 1 - 0211612216:15 121,2540D MD 1.0 ! 02115122 21:36 121,4500CL-E TL 0,050 1 02/11/22 07:27 44,353.2 MR 0.10 1 - 02/11/22 07:27 44,353.2 tvlR 0.300 - 1 0211412213:50 0211412219:47 121,4500NH3-H AT 2.0 NA 1 0211012222:58 0211512217:00 121,52108 JD 4.0 -- 1 02/14/22 19:45 02/14/22 21:45 140,16648 TL A Ir]f "A Project Name: PLEASANT BAY Project Number: K47810DA.S.WW.700 Lab ID: L2207199-03 Client ID: EFFLUENT Sample Location: BREWSTER, MA Sample Depth: Matrix: Water Parameter Result Qualifier Units Microbiological Analysis - Westborough Lab Coliform, Fecal (MF) 1400 c011100ml Page 7 of 19 SAMPLE RESULTS Serial No:02222217:19 Lab Number: L2207199 Report Date: 02/22/22 Date Collected: 02/10/22 13:30 Date Received: 02/10/22 Field Prep: Not Specified Dilution Date RL MDL Factor Prepared 10 NA 10 ❑ate Analytical Analyzed Method Analyst 0211012219:36 121,9222D Jw ALPHA Project Name: PLEASANT BAY Project Number: K47810DA.S.WW.700 Method Blank Analysis Batch Quality Control Serial No:02222217:19 Lab Number: L2207199 Report Date: 02/22/22 g General Chemistry -Westborough Lab for sample(s): 02 Batch: WG1604868-1 Oil & Grease, Hem -Gray ND mg11 4.0 Dilution Date Date Analytical TL Parameter Result Qualifier Units RL MDL Factor Prepared Analyzed Method Analyst General Chemistry - Westborough Lab for samples): 01-02 Batch: WG1603731-1 1.0 - 1 - 02/15/22 21:18 130P, 5 day ND mgll 2.0 NA 1 02110/22 22:58 42/15/22 17:00 121,521013 JD Microbiological Analysis - Westborough Lab for sample(s): 03 Batch: WG 1603765-1 10 NA 1 - 02116/22 11:10 Coliform, Fecal (MF) NO coV100ml 1.0 NA 1 - 02/10/22 19:36 121,9222D JW General Chemistry - Westborough Lab for sample(s): 02 Batch: WG1603823-1 0.075 1 02/1CJ2212:16 02/17/22 2021 Nitrogen, Nitrate ND mg/1 0.10 1 - 02/11/22 46:46 44,353.2 MR General Chemistry - Westborough Lab for samples): 02 Batch: WG1603824-1 NA 1 - 02/16122 16:15 121,2540D Nitrogen, Nitrite ND mgrs 0.050 1 - 02111/22 06:49 44,3532 MR General Chemistry - Westborough Lab for sample(s): 02 Batch: WG1604578-1 Nit— en Total Keldshl1 ND mgli 0.300 1 0211412213:50 0211412219:07 121,4500NH3-H AT g General Chemistry -Westborough Lab for sample(s): 02 Batch: WG1604868-1 Oil & Grease, Hem -Gray ND mg11 4.0 1 02/14122 19:45 02114122 21:45 140,166413 TL General Chemistry - Westborough Lab for sample(s): 02 Batch: WG1605270-1 Chloride ND mgll 1.0 - 1 - 02/15/22 21:18 121,4500CL-E TL General Chemistry - Westborough Lab for sample(s): 01-02 Batch: WG1605408-1 Solids, Total ND mgll 10 NA 1 - 02116/22 11:10 121,254013 DW General Chemistry - Westborough Lab for sample(s): 01 Batch: WG1605510-1 Nitrogen, Ammonia ND mgII 0.075 1 02/1CJ2212:16 02/17/22 2021 121,45DONH3-BH AT General Chemistry - Westborough Lab for sample(s): 01-02 Batch: WG1605730-1 Solids, Total Suspended ND mgll 5,0 NA 1 - 02/16122 16:15 121,2540D MD Page 8 of 19 e \ . k\ C'4 « 2 0 z� N w 2 / . 7 \ . k k �. 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S-VVVi.700 Report Date: 02/22122 GLOSSARY Acronyms DL Detection Limit_ This value represents the level to which target analyte concentrations are reported as estimated values, when those target analyte cormentrations are quantified below the limit of quantitation (LOQ), The DL includes any adjustments from dilutions, concentrations or moisture content, where applicable. (DOD report formats only.) EDL - Estimated Detection Limit: This value represents the level to which target analyte concentrations are reported as estimated values, when those target analyte concentrations are quantified below the reporting limit (RL), The EDL includes any adjustments from dilutions, concentrations or moisture content, where apps icable. The use of FDLs is specific to the analysis ofPAHs using Soiid-Phase Microextraction (SPME). EMPC - Estimated Maximum Possible Concentration: The concentration that results from the signal present at the retention time of an analytc.when the ions meet ail of the identification criteria except the ion abundance ratio criteria. An EM -PC is a worst-case estimate of the concentration. EPA Environmental Protection Agency. LCS - Laboratory Control Sample: A sample matrix, free from the analytes of interest, spiked with verified known amounts of analytes or a material containing known and verified amounts of analytes. LCSD - Laboratory Control Sample Duplicate: Refer to LCS. LFB Laboratory Fortified Blank: A sample matrix, free from the analytes of interest, spiked with verified known amounts of analytes or a material containing known and verified amounts of analytes. LOD - Limit of Detection: This value represents the level to which a target analyte can reliably be detected for a specific analyte in a specific matrix by a specific method. The LOD includes any adjustments from dilutions, concentrations or moisture content, where applicable. (DoD report formats only.) LOQ - Limit of Quantitation: The value at which an instrument can accurately measure an analyte at a specific concentration. The LOQ includes any adjustments from dilutions, concentrations or moisture content, where applicable. (DoD report formats only-) Limit of Quantitation: The value at which an instrument can accurately measure an analyte at a specific concentration. The LOQ includes any adjustments from dilutions, concentrations or moisture content, where applicable. (DoD report formats only,) MDL - Method Detection Limit: This value represents the level to which targe[ analyte concentrations are reported as estimated values, when those target analyte concentrations are quanti Fed below the reporting limit (RL). Thio MDL inchAes any adjustments from dilutions, concentrations or moisture content, where applicable. MS Matrix Spike Samp]e: A sample prepared by adding a known mass of target analyte to a specified amount of matrix sample for which an independent estimate of target analyte concentration is available. For Method 332.0, the spike recovery is calculated using the native concentration, including estimated values, MSD Matrix Spike Sample Duplicate: Refer to MS. NA Not Applicable. NC Not Calculated: Term is utilized when one or more of the results utilized in the calculation are non -detect at the parameler's reporting unit. NDPA/DPA N-Nitrosediphenyiamine/Diphenylamime. Ni Not Ignitable, NP Non -Plastic: Term is utilized for the analysis ofAtterberg Limits in soil. NR No Results; Term is utilized when 'No Target Compounds Requested' is reported for the analysis of Volatile or Sem ivolatiie Organic TIC only requests. RL Reporting Limit: The value at which an instrument can accurately measure an analyte at a spcciFiie concentration. The RL includes any adjustments from dilutions, concentrations or moisture content, where applicable. RPD Relative Percent Difference The results from matrix and/or matrix spike duplicates are primarily designed to assess the precision ofanaly[ical results in a given matrix and are expressed as relative percent difference {RPD). Values which are less than rive times the reporting limit for any individual parameter are evaluated by utilizing the absolute difference between the values; although the RPD value will be provided in the report. SRM Standard Reference Material: A reference sample of a known or certified value that is of the same or similar matrix as the associated field samples. STLP Semi -dynamic Tank Leaching Procedure per EPA Method I315. TEF Toxic Equivalency Factors: The values assigned to each dioxin and Furan to evaluate their toxicity relative to 2,3,7,8-TCDD. TEQ Toxic Equivalent; The measure ofa sample's toxicity derived by multiplying each dioxin and furan by its corresponding TEF and then summing the resulting values. TIC Tentatively Identified Compound: A compound that has been identified to be present and is not part of the target compound list (TCL) for the method and/or program. All TICS are qualitatively identified and reported as estimated concentrations. Report Format: Data Usability Report Page 14 of 19 Serial No:02222217:19 Project Name: PLEASANT BAY Lab Number: L2207199 Project Number: K47810DA.SXVW.700 Report Date: 02/22/22 Footnotes I - The reference for this analyte should be considered modified since this analyte is absent from the target analyte list of the original method, Terms Analytical Method. Both the document from which the method originates and the analytical refereme methed, (Exam plc; EPA 8260B is shown as 1,8260B.) The codes far the reference method documents are provided in the References section of the Addendum, Differences With respect to Total Oxidizable Precursor (TOP) Assay analysis, the difference is defined as the Past-Treannent value minus the Pre -Treatment value. Final pH As it pertains to Sample Receipt & Container Information section of the report, Final pH reflects pH of container detennined after adjustment at the laboratory, ifapp] icable. If no adjustment required, value reflects Initial pH. Frozen Date/Time, With respect to Volatile Organics in soil, Frozen DateMrne reflects the date/time at which associated Reagent Water - preserved vials were initially koaen. Note: If frozen date/time is beyond 48 hours from sample collection, value will be reflected in'bold'. Initial pl-I: As it pertains to Sample Receipt & Container InFormation section of the report, Initial pH reflects pH of container determined upon receipt, if applicable. PAH Total: With respect to Alkyiated PAH analyses, the'PAHs, Total' result is defined as the summation of results for all or a subset of the following compounds: Naphthalene, Cl -C4 Naphthalenes, 2 -Methylnaphthalene, 1-hfethy Inaphtha lene, Biphenyl, Acenaphthylene, Acenaphthene, FIuorene, C1-C3 FIuorenea, Phenanthrene, C1-C4 Phenanthrenms/Anthracenes, Anthracene, Fluoranthena, Pyrene, C1-C4 Fluoranthenes/Pyrenes, Benz(a)ambracene, Chrysene, Cl -C4 Chrysenes, Benzo(b)fluoranthene, Be nzoo)+(k)fl uoranthe ne, Benzc(e)pyrene, Berz:o(a)pyrene, Perylene, lndeno(1,2,3-cd)pyrene, Dihena(ah)t(ac)anthrace rip, Benzo(g,hJ)perylene. If a'Total' result is requested, the results of its individual components will also he reported. PFAS Total: With respect to PFAS analyses, the'PFAS, Total (5)' result is defined as the summation of results For: PFHpA, PFHxS, PFOA, PFNA and PFOS. In addition, the'PFAS, Total (6)' result is defined as the summation of results For: PFHpA, PFHXS, PFOA, ?FNA, PFDA and PFOS. For MassDEP DW compliance analysis only, the'PFAS, Total (6)' result is defined as the summation of results at or above the RL. /Vote_ Ifa'Total' result is requested, the results of its individual components will also W reported. The target compound Chlordane (CAS No. 57-74-4) is reported For GC ECD analyses. Per EPA,this compound "refers to a mixture of chlordane isomers, other chlorinated hydrocarbons and numerous other components." (Reference; US EPA Toxicological Review of Chlordane, In Support of Summary Information on the Integrated Risk Information System (11118), December 1447.) Total: With respect to Organic analyses, a'Total' result is defined as the summation of results for individual isomers or Aradm-If a'Total' result is requested, the results of its individual components will also be reported. This is applicable to'Total' results for methods 8266, 8081 and 8082. Data qualifiers A Spectra identified as "Aldol Condensates" are byproducts of the extractiort/concentration procedures when acetone is introduced in the process, 8 The analyte was delected above the reporting Iimit in the associated method blank. Flag only applies to associated field samples that have detectable concentrations of the analyte at less than ten times (1Ox) the concentration found in the blank. For MCP -related projects, flag only applies to associated field samples that have detectable concentrations of the analyte at less than ten times (1Ox) the concentration found in the blank, For DOD -related projects, flag only applies to associated field samples that have detectable concentrations of the analyte at less than ten times ( IOx) the concentration found in the blank ANO the, analyte. was detected above am -half the reporting limit (or above the reporting limit for common lab contaminants) in the associated method blank. For NJ - A i r -re lated projects, flag only applies to associated field samples that have detectable concentrations of the analyte above the reporting limit. For NJ -related projects (excluding Air), flag only applies to associated field samples that have delectable concentrations of the analyte, which was detected above the reporting limit in the associated method blank or above five times the reporting limit for common lab contaminants (Phthalates, Acetone, Methylene Chloride, 2-Butanone). C Co -elution: The target analyte cc -elutes with a known tab standard (i.e. surrogate, internal standards, etc.) for co -extracted analyses. D ConeentraUon of analyte was quantified from diluted analysis. flag only applies to field samples that have detectable concentrations of the analyte. E Concentration of analyte exceeds the range of the calibration curve and/or linear range of the instrument. F The ratio of quantifier ion response to quaiifier ion response falls outside of the laboratory criteria. Results are considered to be an estimated maximum comentration, G The concentration may be biased high due to matrix interferences (i. e, co -elution) with Bron -target compound(s). The result should be considered estimated. H The analysis of pH was performed beyond the regulatory -required holding time of 15 minutes from the time of sample collection. I The lower value for the two cot umns has been reprarted due to obvious interference. J - Estimated value. This represents an estimated concentration far Tentatively identified Compounds (T1Cs). M Reporting Limit (RL) exceeds the MCP CAM Reporting Limit for this analyte. PFD Not detected at the reporting limit (RL) for the sample. NJ - Presumptive evidence of compound. This represents an estimated cone out rat ion for Tentatively Identified Compounds (TICS), where Report Format: Data Usability Report A Page 15 of 19 Project Name: PLLASANT BAY Project Number: K4781ODA- S.WW.700 Serial No:02222217;19 Lab Number: L2207199 Report Date: 02/22/22 Data Qualifiers the identification is based on a mass spectral Iibrary search. P The RPD between the results for the two columns exceeds the method -specified criteria. Q The quality control sample exceeds the associated acceptance criteria. For DOD -related projects, LCS and/or Continuing Calibration Standard exceedences are also qualified on alt associated sample results. Note: This flag is not applicable for matrix spike recoveries when the sample concentration is greater than 4x the spike added or for batch duplicate RPD when the sample concentrations are less than 5x the RL. {Metals only.} R -Analytical results are from sample re -analysis. IRE -Analytical results are from sample re -extraction. S Analytical results are from modified screening analysis. V The surrogate associated with this target analyte has a recovery outside the QC acceptance limits. (Applicable to MassDEP DW Compliance samples only.) Z The batch matrix spike and/or dupIicate associated with this target analyte has a recovery/RPD outside the QC acceptance Limits. (Applicable to MassDEP DW Compliance samples only.) Report Format: Data usability Report Page 16 of 19 Serial No:02222217:19 Project Name: PLEASANT BAY Lab Number: L2207199 Project Number: K47810DA,S,W ,700 Report bate: 02/22122 REFERENCES 44 Methods for the determination of Inorganic Substances in Environmental Samples, EPA16001R-931100, August 1993, 121 Standard Methods for the Examination of Water and Wastewater. APHA-AWWA-WEF. Standard Methods Online. 140 Method 1664,Revision B: N -Hexane Extractable Material (HEM; Oil & Grease) and Silica Gel Treated N -Hexane Extractable Material (SGT -HEM; Non -polar Material) by Extraction and Gravimetry, EPA -821-R-10-001, February 2010. LIMITATION OF LIABILITIES Alpha Analytical performs services with reasonable care and diligence normal to the analytical testing laboratory industry. In the event of an error, the sole and exclusive responsibility of Alpha Analytical shall be to re -perform the work at it's own expense. In no event shall Alpha Analytical be held liable for any incidental, consequential or special damages, including but not limited to, damages in any way connected with the use of, interpretation of, information or analysis provided by Alpha Analytical. We strongly urge our clients to comply with EPA protocol regarding sample volume, preservation, cooling, containers, sampling procedures, holding time and splitting of samples in the field. dLPI-iA Page 17 of 19 Serial No;02222217;19 Alpha Analytical, Inc. ID No.:17873 Facility: Company -wide Revision 19 Department: Quality Assurance Published Date: 4!212021 1;14:23 PM Title: Certificate/Approval Program Summary Page 1 of 1 Certification Information The following analytes are not included in our Primary NELAP Scope of Accreditation: Westborough Facility EPA 6241624.1: m1p-xylene, o -xylene, Naphthalene EPA 6251625.1: alpha -Terpineol EPA 826OC1826OD: NPW: 1,2,4,5-Tetramethylbenzene; 4-Ethyltoluene, Azobenzene; SCM: lodometharne (methyl ioldide), 1,2,4,5-Tetramethylbenzene; 4-Ethyltoiuene. EPA 8270D1827GE- NPW: Dimethylnaphthalene,1,4-Diphenylhydrazine, alpha -Terpineol; SCM: Dimethylnaphthalene,1,4-Diphenylhydrazine, SM4500: NPW: Amenable Cyanide; SCM: Total Phosphorus, TKN, NO2, NO& Mansfield Facility SM 25400: TSS EPA 8082A: NPW: PCB: 1, 5, 31, 87,101, 110, 141, 151, 153, 180, 183, 187. EPA TO -15: Halothane, 2,4,4 -Tri methyl-2-pantene, 2,4,4-Trimethyl-l-pentene, Thiophene, 2-Methy1thtophene, 3-Methylthiophene, 2-Ethylthiopheno, 1,2,3-Trimethylbenzene, Indan, Indene, 1,2,4,5-TetramethyIbenzene, Benzothiophena, 1 -Methylnaphthalene, Biological Tissue Matrix: EPA 3050B The following analytes are included in our Massachusetts DEP Scope of Accreditation Westborough Facility: Drinking Water EPA 300.0: Chloride, Nitrate -N, Fluoride, Sulfate; EPA 353.2: Nitrate -N, Nitrite -N; SM4500NO3-F: Nitrate -N, Nitrite -N; SM45DOF-C, SM4500CWCE, EPA 180.1, SM2130B, SM4500Ci-D, SM232013, SM2540C, SM4500H-5, SM45ODN02-B EPA 332: Perchlorate; EPA 524.2: THMs and VOCs; EPA 504.9: EDB, DBCP. Microbiology: SM9215B; SM9223-PIA, SM9223B-Colilert-QT,SM9222D. Non -Potable Wafer SM4500H,B, EPA 120.1, SM2510B, SM2540C, SM23208, SM4500CL-E, SM4500F-BC, SM4500NH3-BH: Ammonia -N and Kjeldahl -N, EPA 350.1: Ammonia -N, LACHAT 10-107.06.1.13: Ammonia -N, EPA 351.1, SM4500NO3-F, EPA 353.2: Nitrate -N, SM4500P-E, SM4500P-B, E, SM4500SO4-E, SM5220D, EPA 410.4, SM5210B, SM5310C, SM4500CL-D, EPA 1664, EPA 420. 1, SM4500-CN-CE, SM2540D, EPA 300: Chloride, Sulfate, Nitrate. EPA 624.9: Volatile Ha[cc arbons & Aromatics, EPA 608.3: Chlordane, Toxaphene, Aldrin, alpha -BHC, beta -BHC, gamma -BHC, delta -BHC, Dieldrin, DDD, DDE, DDT, Endosulfan 1, Endosulfan II, Endosulfan sulfate, Endrin, Endrin Aldehyde, Heptachlor, Heptachlor Epoxide, PCBs EPA 625A1 SVOC (Acid/BaselNeutraI Extractables), EPA 60 014-81-0 4 5: PCB -Oil, Microbiology: SM9223H-Colilert-GIT; Enterolert-GIT, SM9221E, EPA 1600, EPA 1603, SM9222D. Mansfield Facility: Drinking Water EPA 200.7: Al. Ba, Cd, Cr, Cu, Fa, Mn, Ni, Na, Ag, Ca, Zn. EPA 200.8: Al, Sb, As, Ba, Be, Cd, Cr, Cu, Pb, Mn, Ni, Se, Ag, TL, Zn. EPA 245.1 Hg. EPA 522, EPA 537.1. Non -Potable Water EPA 200.7: At, Sb, As, Be, Cd, Ca, Cr, Co, Cu, Fe, Pb, Mg, Mn, Mo, Ni, K, Se, Ag, Na, Sr, TL, Ti, V, Zn. EPA 200.8: At, Sb, As, Be, Cd, Cr, Cu, Fe, Pb, Mn, Ni, K, Se, Ag, Na, TL, Zn. EPA 245.1 Hg. S M2340B For a complete listing of analytes and methods, please contact your Alpha Project Manager. Document Type: Form Pre-Qualtrax Document ID: 08-113 Page 18 of 19 CJ Z LO f� Po C 113 77d F CV C�1 N p �r7 bg _p a fl zl � n d ca N • U - K CL � CJ Z Lp L� Po C 113 77d F 11J p �r7 bg _p a 3W 1] lei, v a ❑ a o 1y n C K � j a n a iL ❑ L1 ❑ 4 ❑ 40 Ia V 1 I❑max ' m a ❑ n o n] I❑m W P ❑ ❑❑t[715 � c n ❑ El C JJ e�1rruM ❑ ❑ Y' 0A p s ❑ DDOEIDDE -1 ❑ a 4 ❑P � 11:1 E I��� N I ❑19.11❑❑❑ ❑ ®❑ ❑ ❑ ❑ 13s8aiE) g 110 �Plaot4Q'81uUN 'e;eapN'Sk CiQB ❑ ® ❑ ❑ ❑ dml S5t ®®❑ ❑❑C A a oo H ro Y � � V r j VS In Lp L� Po C 113 77d i!I 11J p �r7 bg _p a 3W 1] lei, v m K � c 1 I❑max ' m a ❑ n o n] I❑m W P ❑ � c n a 4 } n P JJ e�1rruM ❑ �L Y' 0A s ti -1 ❑ a 4 I � � Eia m c G Q dml O A a oo H ro Y � � V r j VS Cf D • aPi o b ani d d x 4 el mp L) • a 0. R tl Gl LL 0 S u o n LL O o o & R 0 dc6 p ¢ g m ,� t c a c) F -I Lu In Lp L� Po C � i!I 11J p �r7 bg _p a 3W 1] lei, v m � c 1 I❑max m a ❑ n o n] I❑m EI Lp � i!I 11J p �r7 bg _p a 3W 1] lei, v I❑max m a ❑ n o n] EI I Lp p �r7 bg _p a 3W 1] lei, v I❑max m a ❑ n o n] I❑m ❑ � c n I❑ n P e�1rruM ❑ a cs Y' 0A ti -1 ❑ a 4 I W G Q a C � � � V I February 17, 2022 Bryan Webb (via email) Ocean Edge Resort 2307 Main Street Brewster, MA 02631 RE: Ocean Edge Resort Wastewater Treatment Facility Monthly Operations Report — January 2022 Dear Mr. Webb: Weston O Sampson 55 Walkers Brook Drive, SLAte 1DIU, Reading, MA 01867 Tel:878.532AWO Enclosed please find the Monthly Operations Reporting Package for the Ocean Edge Resort wastewater treatment facility (WVVfF) located at 832 Village drive in Brewster, MA. Weston & Sampson Services, Inc. would like to note the following: • Monthly effluent SOD sample collected on January 18, 2022 was reported to be 100 mg1L, which is over the maximum permissible limit of 30 mg/L. Process control adjustments are being made. • All other regulated effluent parameters of samples collected throughout the month were reported to be within their respective permissible limits. • Quarterly and annual samples for both the effluent and monitoring wells were collected this month. ■ Data was filed with MassDEP electronically, via eDEP. A copy of the transaction is included in this package. If you have any questions or concerns regarding this report, or the wastewater treatment facility, please feel free to contact me at wsscomplianceC'seinc.com. Regards, WESTON & SAMPSON SERVICES, INC. James R. Tringale Compliance Coordinator M Brewster Board of Health (via email) FR Mahony Associates (via email) wasto nan d a am psora, corn bfr[ces In: MA, CT, NH, VT, NY, NJ, PA, SC & FL Massachusetts Department of Environmental Protection I eDEP Transaction copy Here is the file you requested for your records. To retain a copy of this file you must save and/or print. Username: WSSIHC Transaction ID: 1347288 Document: Groundwater Discharge Monitoring Report Forms Size of File: 2781.95K Status of Transaction: Submitted Date and Time Created: 31412022:9:25:22 AM Note: This file only includes forms that were part of your transaction as of the date and time indicated above. If you need a more current copy of your transaction, return to eDEP and select to "Download a Copy" from the Current Submittals page. Important:When filling out forms on the computer, use only the tab key to move your cursor do not use the return key. rah OA 11 r�rr�r� Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit DAILY LOG SHEET A. Facility Information 1, Facility name, address: ]OCEAN EDGE CONFERENCE CTR a. Name 633 1. Permit Number Y. Tax identification Number 2022 JAN DAILY 3. Sampling Pulonth & Frequency JROUTE 6A h. Streat Address BREWSTER IMA 102631 o. City d. State e. Zip Code 2, Contact information: JAMES R. TRINGALE a. Name of Facility Contact Person 9785321900 b. Telephone Number 3. Sampling information; IWSSCompliance@wseinc.com c. e-mail address 111!2022 ONSITE MEASUREMENTS a, Date Sampled (mmlddlyyyy) b. Laboratory Name CHRIS VIGNEAU c. Analysis Performed By (Name) B. Form Selection J. Please select Form Type and Sampling Month & Frequency } Daily Log Sheet - 2022 Jan Daily - All forms for submittal have been completed. 2. r- This is the last selection. 3, r Delete the selected form. T gdpols 2015-09-15.doc • rev. 09115/95 Groundwater Permit Daily Lag Sheet • Page 1 of 1 Massachusetts Department of Environmental Protection 1633 Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number _ Groundwater Permit 2. Tax identification Number DAILY LOG SHEET 2022 JAN DAILY 3. Sampling Month & Frequency C. Daily Readings/Analysis Information Date Effluent Reuse Irrigation Turbidity Influent pH Effluent Chlorine t1V Flow GPD Flow GPD Flava GPD PH Residual intensity (mgll) CM 1 6552 2 6552 ] I == 3 6552 4 6552 7.09 7.66 5 3281 7.07 7.61 6 3935 7.02 7.72 7 2339 7.04 7.77 8 5153 9 5153 10 5153 �� 7A8 7.74 11 5214 I !� 7.12 7.66 12 2271 7.09 1 7.71 13 31 � ^� 7.16 7.74 14 4729 7.12 7.76 71 7 j 15 8582 u 16 17 8,82 7.14 7.72 18 5189 7.08 7.77 19 1453 7.04 7.6 20 2810 7.07 7.62 21 2135 7.05 7.71 22 5302 771 23 5302 _�771 24 5302 7.11 7.68 25 4379 � 7.14 7.63 26 2393 7.08 U7.66 27 2476 �� 7.12 28 2645 7.15 7.61 29 6787 30 6787 31 6787 7.07 7.73 gdpols.doc • rev. 09115/15 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. fdd Af r€t�n Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit MONITORING WELL DATA REPORT A. Facility Information Facility name, address: OCEAN EDGE CONFERENCE CTR a. Name 633 1. Permit Number 2. Tax identification Number 2D22 JAN MONTHLY_ 3. 5amplireg Month & Frequency 1ROUTE 6A b. Street Address eREWSTER IMA 02631 C. City d. State e. Zip Cade 2. Contact information: JAMES R. TRINGALE a. Name of Facility Contact Person 9785321900 wsscompliance@wselnc.com b. T06phane Number c, e-mail address 3. Sampling information: 11 11 8/2022 a. Date Sampled (mmlddlyyyy) CHRIS WIGNEAU c. Analysis Performed By (Name) B. Form Selection ONSITE MEASUREMENTS b. Laboratory Name 1. Please select Form Type and Sampling Month & Frequency Monitoring Well Data Report - 2022 Jan Monthly i- All forms for submittal have been completed. 2. F This is the last selection. 3. r- Delete the selected form. gdpols 2015-09-15.dcc • rev. 09115115 Groundwater Permit Daily Log Sheet • Page 1 of 1 Massachusetts Department of Environmental Protection 633 Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number Groundwater Permit + 2. Tax identification Number MONITORING WELL DATA REPORT ---- [W022 JAN 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. Parameter/Contaminant DG2 DG3 DG4 DG5 UG1 Units Well #: 1 Well #: 2 Well #: 3 Well #: 4 Well #: 5 'r'+lell #: 6 PH 6.60 y S.I1. _ STATIC WATER LEVEL 146.8 45.6 143.1 _ 479 41.3 --_ FFEr SPECIFIC CONDUCTANCE 440 410 _� J 1270 J 1350 UMHOSIC mwdgwp-b[ank.doc • rev. 49/15115 Monitoring Well Data for Groundwater Permit • Page 1 of 1 Important: W hen filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. IeC lk Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit DISCHARGE MONITORING REPORT A. Facility Information 1. Facility name, address: OCEAN EDGE CONFERENCE CTR a. Name ROUTE 6A b. Street Address BREWSTER IMA G' City d. State 2. Contact information: 633 j 1. Permit Number 2. Tax identification Number 2022 JAN MONTHLY _ 3. Sampling Month & Frequency 02631 e. Zip Code JAMES R. TRINGALE a. Name of Facility Contact Person 9785321900 WSSCompliance@wseinc.com b. Telephone Number c. e-mail address 3. Sampling information: 1/18/2022 JR1 ANALYTICAL a. Date Sampled (mmldd+yyyy) b. Laboratory Name VARIOUS ANALYSTS c. Analysis Performed By (Name) B. Form Selection 1. Please select Form Type and Sampling Month & Frequency Discharge Monitoring Report - 2022 Jan 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 1 Massachusetts Department of Environmental Protection 633 Bureau of Resource Protection - Groundwater discharge Program 1. Permit Number L Groundwater Permit 2. Tax identification Number DISCHARGE MONITORING REPORT 12022 JAN MONTHLY � 3. Sampling Month & Frequency D. Contaminant Analysis Information • For "0", below detection limit, less than (<) value, or not detected, enter "NY • TNTC = too numerous to count. (Fecal results only) • NS =Not Sampled 1. ParameterlContaminant 2. Influent Units Detection limit BOD RIGA. TSS f96 MGIL TOTAL SOLIDS 1480 J MGL AMMONIA -N 4 6 M"./L — N(TRATE-N NIGIL TOTAL NITROGEN(NO3+NO2+TKN) MC51L OIL & GREASE MGIL 3. Effluent 4. Effluent Method Detection limit 1.102 F14 0+50 infeffrp-blank.doc • rev. 09/95115 Groundwater Permit Discharge Monitoring Report • Page 1 of 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit 1 DISCHARGE MONITORING REPORT ;' T1111111110 A. Facility Information Important:When filling out forms on 1, Facility name, address: the computer, use ]OCEAN EDGE CONFERENCE CTR only the tab key to a. Name move your cursor - ROUTE 6A do not use the return key. b. Street Address BREWSTER MA VQ C. City d. State 2. Contact information; �WtwOAJ]JAMES R. TRINGALE a. Name of Facility Contact Person 9785321900 b. Telephone Number 3. Sampling information: 1/18/2022 533 --- --- — 1. Permit Number 2. Tax identification Number 1'2' QUARTERLY 1 3. Sampling Month & Frequency 102631 e. Zip Code WSSCompliance ance@wseinc.com c. e-mail address RI ANALYTICAL a. Date Sampled (mn1ddlyyyy) b. Laboratory Name VARIOUS ANALYSTS c. Analysis Performed By (Name) B. Farm Selection 1. Please select Form Type and Sampling Month & Frequency Discharge Monitoring Report - 2022 Quarterly 1 rr 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. 09/15/15 Groundwater Permit Dally Log Sheet • Page 1 of 1 Massachusetts Department of Environmental Protection 1633 Bureau of Resource Protection _ Groundwater Discharge Program 1. Permit dumber Groundwater Permit 1. 2. Tax identification Number DISCHARGE MONITORING REPORT 2022 QUARTERLY 1 3. Sampling Month & Frequency D. 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 1. ParameterlContaminant 2. Influent 3. Effluent 4. Effluent Method Units Detection limit TOTAL PHOSPHORUS AS P 5,7 MGIL ORTHO PHOSPHATE 14.9 — m - 1 MCWL infeffrp-blank.doc • rev. 09/15/15 Groundwater Permit Discharge Monitoring Report • Page 1 of 1 �]J Important:When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. VQ 1.0 rr(urr Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit DISCHARGE MONITORING REPORT A. Facility Information 533 1. Permit Number 2. Tax Mentification Number 2022 ANNUAL 3. Sampling Month & Frequency Facility name, address: OCEAN EDGE CONFERENCE CTR a. Name ROUTE 6A b. Street Address BREWSTER JMA 102631 C. City d. State e. Zip Code 2, Contact information: JAMES R. TRINGALE a. Name of Facility Contact Person 9785321900 b, Telephone Number 3. Sampling information: 111$12022 WSSCompliance@wseinc.com c. e-mail address RI ANALYTICAL a. Date Sampled (mmlddlyyyy) b. Laboratory Name VARIOUS ANALYSTS c. Analysls Performed By (Name) B. Form Selection 1. Please select Form Type and Sampling Month & Frequency Discharge Monitoring Report - 2022 Annual F All forms for submittal have been completed. 2, F This is the last selection. 3. F Delete the selected form. gdpols 2015-09-15.doc • rev. 09!15115 Groundwater Permit Dally Log Sheet • Page 1 of 1 Massachusetts Department of Environmental Protection 1533 Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number Groundwater Permit 2. Tax identification Number DISCHARGE MONITORING REPORT —� 20.22 ANNUAL _ 3. Sampling Month & Frequency E. VOC Analysis Information ■ If VOCs are present, please indicate the amounts of the individual compounds in pgll. • For "C", below detection limit, less than (<) value, or not detected, enter "ND" ■ NS = Not Sampled 1. Parameter/Contaminant Units ACETONE UG,L BENZENE UGIT. 1,1 DICHLOROETHANE UGf- 1,2 ❑ICHLOROETHANE US L 1,1 DICHLOROETHYLENE UGIL CIS -1,2-D IC H LORO ETHY LEN E UGIL TRANS 1,2 DICHLOROETHYLENE UGIL ETHYL BENZENE UGIL. MF-THYLENECHLORIDE UGIL TOLUENE UGIL D XYLENE UGIL PIM XYLENE UGIL CARBON TETRACHLORIDE J01 CHLOROFORM UGIL 2-BUTANONE (N15K) UGIL 2. Influent 3. Effluent 4. Effluent Method Detection limit IND -- I 10 - - ND 1.o _ 1 ND - -- _-I 1.0 - ND �1.0 rvD 1.0 ND ND -. J ND — J IND } 1.0 I1.0 �ND �ND I �1.0 ND 1 11,0 infeffrp-blank.doc • rev. 09115/15 Groundwater Permit Discharge Monitoring Report • Page 1 of 1 Massachusetts Department of Environmental Protection 1633 J Bureau of Resource Protection _ Groundwater Discharge Program 1. Permit Number Groundwater Permit 2. Tax identification Number DISCHARGE MONITORING REPORT 12022 ANNUAL Lill" 3. Sampling Month 8 Frequency E. VOC Analysis Information ■ If VOCs are present, please indicate the amounts of the individual compounds in pg/1. • For "0", below detection limit, less than (r) Value, or not detected, enter "ND" • NS =Not Sampled 1. ParameterlContaminant Units 4-METHYL-2-PENTANONE (MIBK) UG/L TRICHLOROETHYLENE UGIL TETRACHI-OROETHYLENE LPS/L 1,9,1 TRICHLOROETHANE LGL VINYLCHLORIDE UG1L STYRENE UGIL CHLOROSENZENE UGIL METHYL TERTIARY BUTYL ETHER UC_A_ CHLORCETHANE UGL 1,2-MCHLOROPROPANE UGIL D I8 ROMOC H LORO METHAN E UG 1_ 1, 9 , 2TRIG H LO RO ETH AN E UGIL 2 -C H LOROETH YLVI NY L ETHER UCIL BROMODICH LOBO M ETH AN E UGIL BROMOFORM UGIL 2, Influent 3. Effluent 4. Effluent Method f rr Detection limit IND 1.0 ND 1.0 ND ND ND I ND ND _� ND ND I ND ND ND IND - -- -I i nfeff rp-bl ank. d o c • rev. 09/15/15 Groundwater Permit Discharge Monitoring Report • Page 1 of 1 Massachusetts Department of Environmental Protection 1633 J Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number Groundwater Permit L11.2. Tax identification Number DISCHARGE MONITORING REPORT 2022 ANNUAL 3. Sampling Month & Frequency E. VOC Analysis Information • if VOCs are present, please indicate the amounts of the individual compounds in pg/l. • For "0", below detection limit, less than (<) value, or not detected, enter "ND" • NS = Not Sampled 1, Parameter/Contaminant Units 1,1, 2,2-TETRACH LOROETH A N E UGIL CHLOROMETHANE UGIL BROMOMETHANE UG,IL CAR1301110ESULFIDE uGIL 2-HEXANONE UG/L ACROLEIN UGIL ACRYLONITRILE LDGIL TRANS-1,3•pl CH LO ROP ROPE N E L1GIL CIS-1,3-13IC H LO ROP ROPE N E UGIL 2. Influent 3. Effluent 4. Effluent Method Detection limit IND I 11.0 - IND a- ND 1.0 ND ND IND ND I Nd -- - - --i 0.40 infeffrp-blank.doc • rev. 09/15/15 Groundwater Permit Discharge Monitoring Report - 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, VQ rxru,r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit MONITORING WELL DATA REPORT A. Facility Information 1. Facility name, address: OCEAN EDGE CONFERENCE CTR a. Name R0UTE 6A b. Street Address IBREWSTER c. City 2. Contact information: JAMES R. TRINGALE a. Name of Facility Contact Person 9785321°00 b. Teleoone Numher 3. Sampling information: 6 J 1. Permit Number 2. Tax identification Number 2022 QUARTERLY 1 _ 3. Sampling Month & Frequency MA 102631 d. State e. Zip Code WSSCom pliance@wseinc.com c. a -mail address 1/18/2022 RI ANALYTICAL a. pate Samplad (mmtddlyyyy) b. Laboratory Name VARIOUS ANALYSTS c. Analysis Performed By (flame) B. Form Selection t. Please select Form Type and Sampling Month & Frequency Monitoring Well Data Report - 2022 Quarterly 1 17- 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 1 Massachusetts Department of Environmental Protection 1633 Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number Groundwater Permit 2. Tax identification Number MONITORING WELL DATA REPORT 2022 QUARTERLY 1 LLI 1 3. Sampling Month & Frequency C. Contaminant Analysis Information • For "0", below detection limit, less than (a) value, or not detected, enter "ND" • TNTC = too numerous to count. (Fecal results only) ■ N5 =Not Sampled • DRY = Not enough water in well to sample. ParameterlContaminant DG2 DG3 DG4 DG5 UG1 Units Well #: 1 Well #: 2 Well #: 3 Well #: 4 Well #: 5 Well #: 6 NITRATE -N [:C6:=]2.7 3..9 MGL TOTAL NITROGEN[NO3+N42+TK 4.66 2.7 3.9 5.2 5.85 M&L TOTAL PHOSPHORUS AS P p 87 0,58 0,48 0.48 0.24 pint ORTHO PHOSPHATE fl 46 Nd N❑ I:N:D= I NO ma.t mwdgwp-blank.doc • rev. 09/15/15 Monitoring Well Data for Groundwater Permit • Page 4 of 1 [mpottant:When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. red rrruw Massachusetts Department of Environmental Protection Bureau of Resource Protection _ Groundwater Discharge Program Groundwater Permit MONITORING WELL DATA REPORT A. Facility Information 1633 1. Permit Number 2. Tax identification Number 2022 ANNUAL - 3. Sampling Month & Frequency 1. Facility name, address: OCEAN EDGE CONFERENCE CTR a. Name ROUTE 6A b. Street Address eIREWSTER IMA 2631 G. City d. State e. ZIP Code 2. Contact information: MES R. TRINGALE a. Name of Facility Contact Person 9785321900 b. Tedephme Number 3. Sampling information: WSSCompliance@wseinc.com c. e-mail address 1/18/2022 RI ANALYTICAL a. Date Sampled (mmlddlyyyy) b. Laboratory Name VARIOUS ANALYSTS c. Analysis Performed By (Name) B. Form Selection 1. Please select Form Type and Sampling Month & Frequency JMonitoring Well Data Report - 2022 Annual r- All forms for submittal have been completed. 2. r- This is the last selection. 3. T- Delete the selected form. gdpols 2015-09-15.doc • rev. 09/15115 Groundwater Permit Daily Log Sheet - Page 1 of 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit MONITORING WELL DATA REPORT D. VOC Analysis Information 633 1. Permit Number 2. Taxi identificatiar Number 2022 ANNUAL. _ 3. Sampling Month & Frequency • If VOCs are present, please indicate the amounts of the Individual compounds in pg/l. • For "0", below detectlon limit, less than [<) value, or not detected, enter "ND" • N5 =Not Sampled • DRY = Not enough water in well to sample. Parameter/Contaminant DG2 003 DG4 DG5 UG1 Units Well #: 1 Well #: 2 Well #: 3 Well #: 4 Well #: 5 Well #: 6 ACETONE ND _ NO ND NQ - IND UG - BENZENE ND ___j IND ND ND ND I UGIL 1,1 DIGHLOROETHANE IND I ND ND UGI - 1,2 DICHLOROETHANE ND ND ND NQ IN UG - 1,1 01CHLOROETHYLENE IND IND ND ND Urti C!S 1,2.0lCHLOROETHYLENE IND _ ND ND--7�= IND ND UG/L TRANS 1,2 DiCHLOROETHYLENE ND ND ND ND ND UGIL ETHYL BENZENE NQ ND ND I IND IND UGIL METHYLENECHLORIDE [ND== IND I IND IIID 5.T UGIL TOLUENE NDND Np ND ND UG,L O -XYLENE ND NQ ND ND ND UGA- PI'ut XYLENE ND ND ND IND ND UG/L CARBON TETRACHLORIDE I ND _ I I ND -I I ND IND IND UG/L CHLOROFORM ND =1 I ND JIND ND IND UG+L 2-SUTANONE (MEK) 'ND IND NQ _ ND I ND UGIL mwdgwp-blank.doc • rev. 09/15/15 Monitoring Well Data for Groundwater Permit • Page 1 of 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit MONITORING WELL DATA REPORT r D. VOC Analysis Information 1633 --- 1. Permit Number 2. Tax identification Number 2022 ANNUAL J 3. Sampling Month &Frequency • If VOCs are present, please indicate the amounts of the individual compounds in Pg/l. • For "0a, below detection limit, less than (<) value, or not detected, enter "N D" • NS =Not Sampled ■ DRY = Not enough water in well to sample. ParameterlContaminant DG2 DG3 DG4 DG5 UG1 Units Well #: 1 Well #: 2 Well #: 3 Well #; 4 Well #: 5 Well #: 6 4-METHYL-2-PENTANONE [MEEK ND ND ND ND ND J UGL TMCHLOROETHYLENE IND I ND j Uct_ TETRACHLOROETHYLENE IND IND IND ND UGIL 1,1,1 TRICHLOROETHANE ND ND I ND ND ND UGL VINYLCHLORIDE ND ND ND �NQ ND UGL STYRENE ND NQ -- — ND ND ND J UGAL CHLOROBENZENE IND I IND N❑ UC -IL MET14YL TERTIARY BUTYL ETHEND ND ND IND ND UGL. CHLOROETHANE IND ND I ND NQ ND UGti 1,2.OICHLOROPROPANE [N—D=NID IND uc,2 DIBROMOCHLOROMETHANE ND NQ [— ND UGI ND UGL 1,1,2 -TRICHLOROETHANE ND - NDND --- N❑ I IND UGIL 2-CHLOROETHYLVINYL ETHER ND N❑ ND ND NQ UGIL BROMODICHLOROMETHANE ND ND ND NQ NQ UGL BROMDFORM ND ND IND ND - IND UGL mwdgwp-blank.doc • rev. 09/15/15 Monitoring Well Data for Groundwater Permit • Page 1 of 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit MONITORING WELL DATA REPORT D. VOC Analysis Information 1633 _ 1. Permit Number 2. Tax Wentification Number 2022 ANNUAL _ 3. Sampling Month & Frequency • If VOCs are present, please indicate the amounts of the individual compounds in pg/l. • For "0", below detection limit, less than (<) value, or not detected, enter "Na" • NS = Not Sampled ■ DRY = Not enough water in well to sample. ParameterlContaminant DG2 DG3 DG4 DGS UG1 Units Well #: 1 Well #: 2 Well #: 3 Well #: 4 Well #: 5 1,1,2,2 TETRACHLOROETHANEND IND IND ND UGIL CHLOROMETHANE FN � Nb ND ND ND_ UG& BROMOMETHANE rp [ND ND ND FD UGIL , CARBOND15ULFIDE f Ne� ND I IND ND ND UG+L 2-HEXANONE IND IND I IND Nb UGIL ACROLEIN IND ND ND UGIL ACRYLONITRILE "p ND ND ND ND UGC. TRANS-1,3-DICHLOROPROPENE ND ND NDI IND IND UG/L CIS-1,3-DICHLOROPROPENE ND ND ND ND ND UGIL Well #: 6 mwdgwp-blank.doc • rev. 09115115 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 fallowing certification If you are filing electronic -ally and want to attach additional comments, select the check box. r - Massachusetts Department of Environmental Protection 1633 Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number Groundwater Permit 2. Tax identification Number Facility Information JOCEAN EDGE CONFERENCE CTR a. Name ROUTE GA b. Street Address JBREWSTER C' City MA 102631 d. State e. Zip Code Certification `I certify under penalty of law that this document and all attachments were prepared under my direction or supervlsIon in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my Inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the Information, the information submitted is, to the best of my knowiedga and belief, true, accurate and complete. I am aware that the are significant penalties for submitting false Information, including the possibllity of fine and Impriscnment for knowing violations." MARIANNA COOM135 3/3/2022 a. Signature b. Date (mmlddlyyyy) gdpols 2015-09-15.doc • rev. 09/15/15 Groundwater Permit • Page 1 of 1 M L ANALYTICAL Specialists in Environmental 5ervlces LABORATORY REPORT W SS Ine.dba Weston & Sampson Date Received: Attn: Chris Vigneau Date Reported: 55 Walkers Brook Drive P.O. Number Suite 100 Reading, MA 01867 Work Order #: 2201-00909 Project Name: PROJECT#25364 OCEAN EDGE RESORT - ANNUAL, I+E+W 1/19/2022 2/312022 Page 1 of 6 Enclosed are the analytical results and Chain of Custody for your project referenced above. The samples) were analyzed by our Warwick, RI laboratory unless noted otherwise. When applicable subcontracted results are noted and subcontracted reports are enclosed in their entirety. All samples were analyzed within the established guidelines of US EPA approved methods with all requirements met, unless otherwise noted at the end of a given sample's analytical results or in a case narrative. The Detection Limit is defined as the lowest level that can be reliably achieved during routine laboratory conditions. These results only pertain to the samples submitted for this Work Order # and this report shall not be reproduced except in its entirety. We certify that the following results are true and accurate to the best of our knowledge. If you have questions or need further assistance, please contact our Customer Service Department. Approved by: &6141.6" Nicole Skyieson Data Reporting Manager Laboratory Certification Numbers (as applicable to sample's origin state): Warwick RI * RI LA100033, MANY-RI015, CT PH -0508 Page 2 of 6 R.I. Analytical Laboratories, Inc. Laboratory Report WSS Inc.dba Weston & Sampson Work Order #: 2201-00909 Project Name: PROJECT#25364 OCEAN EDGE RESORT - ANNUAL I+E+W Sample Number: Sample Description: Sample Type : Sample Date/ Time: PARAMETER BOD 5 Total Suspended Solids Total Solids Ammonia (as N) Sample Number: Sample Description: Sample Type : Sample Date 1 Time: PARAMETER BOD 5 Total Suspended Solids Nitrite (as N) Nitrate (as N) TKN (as N) 001 INFLUENT COMPOSITE 1/18/2022 C3a 17:00 SAMPLE DET. DATE/TIME RESULTS LIMIT UNITS METHOD ANALYZED ANALYST 90 60 mgA SM5210B 2led 1/19/2022 23:36 ERS 96 2.0 mgll SM2540D 2011 1/21/2022 14.47 KPG 480 10 mgll SM2540B 18-21ed 1/20/2022 17:30 TP 4.6 0.40 mg/l EPA 350.1 1/20/2022 11:53 KPG 002 EFFLUENT COMPOSITE 1/18/2022 @ 17:15 SAMPLE DET. DATEITIME RESULTS LIMIT UNITS METHOD ANALYZED ANALYST 100 30 m9/1 SM52tOB 21ed 1/19/2022 22:54 ERS 14 2.0 m9/1 SM2540D 2011 1/21/2022 14:47 KPG 0.094 01050 me EPA 300.0 1/19/2022 23;16 TP <0.050 0.050 mg11 EPA 300.0 1/19/2022 23:16 TP 1.7 0.50 mgll SM4500NOrg-D I8.2led 1/22/2022 10:00 JMD Page 3 of 6 R.I. Analytical Laboratories, Inc. Laboratory Report WSS Ine.dba Weston & Sampson Work Order #: 2201-00909 Project Name: PROJECT#25364 OCEAN EDGE RESORT - ANNUAL I+E+W Sample Number: 003 - Sample Description: EFFLUENT Sample Type : GRAB Sample Date 1 Time: 1/18/2022 ® 17:30 Volatile Organic Compounds ChLoromethane SAMPLE DET. ugll EPA624.1 DATE/TIME 17:36 PARAMETER RESULTS L)'_WIT UNITS METHOD ANALYZED ANALYST Oil & Grease Gravimettic <0,50 0.50 mgll EPA 1664A 1%2$12022 12:00 ]HID Orthophosphate 4,9 0.020 mgll SM 4500 PES -2011 1/14/2022 21:19 KPG Total Phosphorus (as P) 5.7 0.010 mg)] SM4504P-B,E-201I 1/27/2022 16:04 TML Volatile Organic Compounds ChLoromethane <1.0 1.0 ugll EPA624.1 1120120.22 17:36 KE Bromomethane X1,0 1.0 ug/1 EPA 624.1 1/20/2022 17:36 KE Vinyl Chloride <0.40 0.40 ugll EPA 624.1 1/20/2022 17:36 ICE Chloroethane ¢1.0 1.0 ug/l EPA 624.1 1/20/2022 17:36 KE Methylen a Chloride r1.0 1.0 ug/l EPA 624.1 1/20/2022 17:36 KE Trichlorofluoromethane -,LO 1.0 Ug/1 EPA 624.1 1/20/2022 17:36 KE l,l-Diehlowethylene ALO I.0 ug/l EPA 624A I120/2022 17:36 KE IJ-Dichlornethane <1.0 1,0 ug/1 EPA 624.1 1/2012022 17:36 KE trans-1,2-Dichloroe0tylene X1.0 1.0 ug/1 EPA 624,1 1/20/2022 17:36 KE Chlorofonn <1.0 1,0 u911 EPA 624.1 1/2012022 17:36 KE 1,2-13ichloroethane t1.0 1.0 ug/l EPA 624.1 1/20/2022 17:36 KE 1,1,1 hicl�3arve#hanc r1,0 1.0 ugA EPA 624.1 1/20/2022 17:36 KE CarbonTe(rachlorido X1.0 1.0 Ug/1 EPA 624,1 3/20/2022 17.36 ICE Bromodicb1crornethane <1,0 1.0 ugll EPA 624.1 1/20/2022 17:36 ICE 1,2-DichLoropropane -CIA 1,0 11g/1 EPA 624.1 1/20/2022 17:36 KE cis- 1,3-Dichloropropylene -0.40 0.40 119/1 EPA 624,1 1/2012022 17:36 KE Trichloroethylene c1,0 1.0 ugh EPA 624.1 1/20/2022 17:36 KE trans-1,3-Dichloropropylene X0,40 0.40 ngll PPA 624.1 1120/2022 17:36 KE 1,1,2 -Trichloroethane 01.0 1.0 ttgll EPA 624.1 I120/2022 17:36 ICE Dibromchloromeihane <l,e 1,0 ugjl EPA 624A 1/20/2022 17:36 KE Bromolbnn c1.0 1.0 ugl] EPA 624.1 1 /20/2022 17:36 KE Tetrachloroethylene <1,0 1.0 ugfl EPA 624.1 1/20/2022 17:36 ICE 1,1,2,2-Tetraclslcroethane <1.0 1.0 ug/l EPA624.1 1120/2022 17:36 KE Chlorobenzene X1.0 1.0 ug/l EPA624.1 1120/2022 17:36 KE 2-Chtmoethyl vinyl ether X1.0 1,0 ug/l EPA 624.1 1/20/2022 17:36 KE 1,2 -Dichlorobenzene <1.0 1.0 ugll EPA 624,1 112MG22 17:36 KE 1,3-13ichlorobenzene [1.0 1,0 ug11 EPA 624.1 1/20/2022 17:36 KE 1,4 -Dichlorobenzene <1,0 1.0 ug1] EPA 624.1 1/20/2022 17:36 KE Ilichlombenzenes <1.0 1.0 ug/1 BPA 624.1 1/20/2022 15:10 KE Benzene <1,0 I.0 ug/l EPA624.1 1120/2022 17:36 ICE Toluene 4.0 1.0 ug/l EPA 624,1 1120/2022 17:36 KE Ethylbenzene X1.0 1.0 ugll EPA 624.1 1/20/2022 17:36 KE o -Xylene <1,0 1.0 ugh EPA624.1 1/20/2022 17:36 KE m,p-Xylene <1.0 1.0 ugll EPA 624A 1/20/2022 17:36 KE Acetone X10 10 ugll EPA 624.1 1/20/2022 17:36 KE Acrnlein <1 .0 1.0 usa EPA 624.I 1120/2022 17:36 KE Page 4 of 6 R.I. Analytical Laboratories, Inc. Laboratory Report WSS Inc.dba Weston & Sampson Work Order 4: 2201-00909 Project Name: PROJECT#25364 OCEAN EDGE RESORT - ANNUAL 1+E+W Sample Number: 003 Sample Description: EFFLUENT Sample Type: GRAB Sample Date 1 Time: I/18/2022 @ I7:30 Orthephosphate - Pilterod upon receipt at the laboratory, The filtration shouId occur within fifteen minutes of sample collection, SAMPLE, DET. DATE/TIME PARAMETER RESULTS LIMIT UNITS METHOD ANALYZED ANALYST Acrylonitrile <1.0 1.0 ugll EPA 624.1 112012.022 17:36 KE Methyl Tertiary Butyl Ether (MTBE) X1.0 1.0 ugll. EPA 624,1 1/20/2022 17:36 KE Carbon Disulfide X1.0 1.0 ugll EPA 624.1 1/24/2022 17:36 KE styrene X1.0 1.0 ugll EPA 624.1 1/20/2022 17:36 KE Vinyl Acetate <1.0 1.0 UO EPA 624.1 1/20/2022 17:36 KE 4-methyl-2-pen1arwue(MIBK) t1.0 1.0 ug/1 EPA 624.1 1/2012022 17:36 KE 2-Hexanone <1.0 1.0 ugll EPA 624.1 3/20/2022 17:36 KE 2-Butanone(MEK) <1.0 1.0 ug/l EPA 624.1 1/20/2022 17:36 KE cis-1,2-Dichlomethylene 4.0 1.0 ugli EPA 624.1 1120/2022 17:36 KE 1,2,Dibromoethane(EDB) c1.0 1.0 ugli EPA 624,1 11200022 17:36 KE Dibromomethane <1.0 1.0 ug11 EPA 624.1 1/2012022 17:36 KE Bromochloromethane <1.0 1.0 ugll EPA 624.1 1/20/2022 17:36 KE Surrogates RANGE EPA 624.1 1/20/2022 17.36 KE Dibromofluorometbane 110 60-i40% FPA 624.1 1/20/2022 17:36 KE Thlucne-D8 96 64-140% EPA 624,1 1/20/2022 17:36 KE 4-Bromofluorobenzene 120 60-140% EPA 624.1 1/20/2022 17:36 KE Orthephosphate - Pilterod upon receipt at the laboratory, The filtration shouId occur within fifteen minutes of sample collection, R.I. Analytical Laboratories, Inc. Laboratory Report WSS Ine.dba Weston & Sampson Work Order #: 2201-00909 Project Name: PROJECT#25364 OCEAN EDGE RESORT - ANNUAL I+E+W Sample Number: Sample Description: Sample Type : Sample Date 1 Time 004 MW UG -1 GRAS 1/18/2022 ®15:45 Page 5 of 6 Volatile Organic Cwnpounds Chloromethane SAMPLE DET. uel Brum methane DATEITIME 1.0 PARAMETER RESULTS LIMIT UNITS METHOD ANALYZED ANALYST Nitrite (as N) 0.052 0.050 Mel EPA 300.0 1/19/2022 23:28 TP Nitrate (as N) 5.8 0.050 rnel EPA 300.0 1/19/2022 23:28 TP TKN (as N) r0.50 0.50 mgli SM4500NOrg-D 18-21ed 1/2212022 10:00 JMD Orthophosphate X0.020 0.420 mgll 5M 4500 P E-2011 212!2022 20:04 KPG Total Phosphorus (as P) 0.24 0.010 ragll SM4500P-B,E-2011 1/27/2022 16:04 TML Volatile Organic Cwnpounds Chloromethane <1.0 1.0 uel Brum methane <1.0 1.0 ugll Vinyl Chloride 00.40 0.40 ugli Chloroethane r1.0 1.0 Be[ Methylene Chloride 5.7 1.0 ugll TrichlomllrrnrozneSlrane X1.0 1.0 uel. 1,1 -Di chloroethylene c1.0 1.0 uel 1,1-Dicldoroethane X1.0 1.0 ugll trans-1,2-Dichloroethyieoe Q.0 1.0 ugli Chloroform <L0 1.0 ugll 1,2-Dichloroethane r1.0 1.0 41 1,1,1 -Trichloroethane X1.0 1.0 ugll Carbon Telmcbioride <1.0 1.0 uel Braanodichlormnethane <1.0 1.0 ug/l 1,2-Dichloropropane <1.0 1.0 uel cis-1,3-1)ichloropropylene <0.40 0.40 uel Tiichlorocthylene X1.0 1.0 uel isans-1,3-Dichloropropylene 00.40 0.40 ugll 1,1,2 -Trichloroethane X1.0 1.0 ug/1 Dibrontoohlorarnethane X1.0 1.0 ugll l3wrnofotm <1.0 1.0 ugll Tetrachloroethylene 4.0 1.0 ugll 1,1,2,2-Telrachlornethane <1.0 I.0 Uel Chlorobenzene <1.0 1.0 ug/l 2-Chloroethyl vinyl ether <1.0 1,0 ug/1 1,2 -Dichlorobenzene X1.0 1.0 uel 1,3 -Dichlorobenzene <1.0 1.0 uel 1,4-13ichlorobenzene 01.0 1.0 Uel Dichlorobenzenes <1.0 1.0 ug/l Benzene X1.0 1.0 ug/l Toluene <1.0 1.0 ugll Etbylbenzene X1.0 1.0 ugll 0 -Xylene r1.0 1.0 ugll m,p-xylene <1.0 1.0 ug11 EPA 624.1 1/20/2022 L7:59 KE EPA 624.1 1/20/2022 17:59 KE EPA 624. ] I 1'2012022 17:59 KE EPA 624.1 1/20/2022 17:59 KE EPA 624,1 1/20/2022 17:59 KE EPA 624.1 1/20/2022 17:59 KE EPA 624.1 1/20/2022 17:59 ICE EPA 624.1 1/20/2022 17:59 KE EPA 624A 1/20/2022 17:59 KE EPA 624.1 1/20/2022 17:59 KE EPA 624.1 1/20/2022 17:59 KE EPA 624.1 1/20/2022 1739 KE EPA 624.1 1/20/2022 17:59 KE EPA 624.1 1/20/2422 17:59 KE EPA 624.1 1/20/2022 17:59 KE EPA 624.1 1/20/2022 17:59 KE EPA 624.1 1/20/2022 17:59 K13 EPA 624.1 1/20/2022 17:59 KE EPA 624.1 1120/2022 17:59 KE FPA 624,1 1/20/2022 17:59 KE EPA 624.1 V2012022 17:59 KE RPA 624.1 1/20/2022 17:59 KE EPA 624.1 1/20/2022 17:59 KE EPA 624.1 1/20/2022 17:59 KE EPA 624.1 1/20/2022 17:59 KE EPA 624.1 1/20/2022 17:59 KE EPA 624.1 1/20/2022 17:59 KE EPA 624.1 1/20/2022 17:59 KE EPA 624.1 1/20/2022 17:59 KE EPA 6241 1/20/2022 17:59 KE EPA 624.1 1 n012022 17:59 KE EPA 624.1 1120/2022 17:59 Kir EPA 624.1 I120/2022 17:59 KE EPA 624.1 1/20/2022 17:59 LCE Page 6 of 6 R.I. Analytical Laboratories, Inc, Laboratory Report WSS Ine.dba Weston & Sampson Work Order #: 2201-00909 Project Name: PROJECT#25364 OCEAN EDGE RESORT - ANNUAL I+E+W Sample Number: 004 Sample Description: MW UG -1 Sample Type : GRAB Sample Date / Time : 1/18/2022 rr 15;45 Orthophosphate - Filtered upon receipt at the laboratory. The filtration should occur within fifteen minutes of sample collection. Orthoplwasphate - Sample analyzed outside of recommended hold time. SAMPLE DET. DATE/TIME PARAMETER RESULTS LIMIT UNITS METHOD ANALYZED ANALYST Acetone <10 10 ugll EPA624.1 1/2012022 17:59 KE Acrolein <1.0 1.0 ugll EPA 624.1 1/20/2022 17:59 KE Acryle:ihfle X1.0 1.0 ue EPA 624.1 1/20/2022 17:59 KE Methyl TI rtiaryHutyl Ether (MTBE) <1.0 1.0 ug/1 EPA 624.1 1/20/2022 17;59 KE Carbon Disulfide r1.0 1.0 ugR EPA 624.1 1/20/2022 17:59 KE Styrene t1.0 1.0 ug/1 EPA 624.1 1/20/2422 17:59 KE Vinyl Acetate <1.0 1.0 ugn EPA 624.1 1/20/2022 IT59 KE 4-methyl-2-pentanone(MMK) X1.0 1.0 ugll EPA 624.1 1/20/2022 IT59 KE 2-Hexanone X1.0 1.0 ugll EPA 624.1 1/20/2022 17:59 KE 2-Butanone(MEK) X1.0 1.0 no EPA 624.1 1/20/2022 17:59 KE cis-1,2-Dichloroelhylene t1.0 1.0 ugl] EPA 624.1 1/20/2022 17:59 KE 1,2-Dibromaethane(EDB) <.0 1.0 uel EPA 624.1 1/20/2022 17:59 KE Dibromomethane <1,0 1.0 ug/l EPA 624.1 1/20/2022 17:59 KE Bromochlorcamtham <l.0 1.0 ug/I EPA 624.1 1/20/2022 17:59 KE Surrogates RANGE EPA 624.1 1/20/2022 17:59 KE Dibmmofluoromethane 1l0 60-140% EPA 624.1 1/20/2022 17:59 KE Toluene -D8 98 60-140% EPA 624.1 1/20/2022 17:59 KE 4•Bnomolluorobenzene 120 60-144°/0 EPA 624.1 1/20/2022 I7:59 KE Orthophosphate - Filtered upon receipt at the laboratory. The filtration should occur within fifteen minutes of sample collection. Orthoplwasphate - Sample analyzed outside of recommended hold time. o O N � � E Em o v C a m 7 N a I 07 b W a IdV�f kxua�Ho� le�ed 0 U :s4s;eV� �I q 0 r7 yasAr��z z dS � G •vzs poy;ew - gDoA d'a rn (n%) eseeJE) '8110 - f7'8D 2 � � m U_ W rA � II st e;e4dsoyd le;oi- d-1 CA a a n � ❑ Q O � e;e4dsa4d oqup - d -p E w ae U7 N se UBBw;IN elUGWWV- tHN UeBosMN 1413p1e(7l IU;oj--w1 co �mQ a= Uol;elnalUD UeB0.11IN 11R19i - N1 M N UU) N se U800AN e;eU;IN `EDN } Lo CC CD 4 N Sc uaBaakN a;u;1N - EON w SPIPS 19101- 51 splloS pepuodsnS-SSl + x sp1lo5 peAmsia mol - 5Oi pUBWOUZQ 1031wGQPalg--(308 opoo xijww 3 y ap03 U0TjRAl3S9dd41 adAl 7,? wo nnuoo 3o # o4!soduro7;3- io gulf—) 00 r r. 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Number Suite 100 Reading, MA 01867 Work Order #; 2201-00908 1/19/2022 2/1/2022 Project Name; PROJECT# 25364 OCEAN EDGE RESORT - ANNUAL WELLS Enclosed are the analytical results and Chain of Custody for your project referenced above. The sample(s) were analyzed by our Warwick, RI laboratory unless noted otherwise. When applicable subcontracted results are noted and subcontracted reports are enclosed in their entirety. All samples were analyzed within the established guidelines of US EPA approved methods with all requirements met, unless otherwise noted at the end of a given sample's analytical results or in a case narrative. The Detection Limit is defined as the lowest level that can be reliably achieved during routine laboratory conditions. These results only pertain to the samples submitted for this Work Order # and this report shall not be reproduced except in its entirety. We certify that the following results are true and accurate to the best of our knowledge. If you have questions or need further assistance, please contact our Customer Service Department. Approved by: Nicole Skyleson Data Reporting Manager Laboratory Certification Numbers (as applicable to sample's origin state): Warwick RI * RI LA100033, MA M -RIO 15, CT PH -0508 R.I. Analytical Laboratories, Inc. Laboratory Report WSS Inc.dba Weston & Sampson Work Order #: 2201-00908 Project Name: PROJECT# 25364 OCEAN EDGE RESORT - ANNUAL WELLS Sample Number: Sample Description - Sample Type : Sample Date 1 Time 001 MW DG -2 GRAB 1/18/2022 c@ 16:00 Page 2 of 9 Volatile Organic Compounds Chloromethane SAMPLE DET. ugll EPA 624.1 DATEITIME 16:04 PARAMETER RESULTS LEWITI' UNITS METHOD ANALYZED ANALYST Nitrite (as N) 0.060 0.050 mgll SPA 300.0 1/20/2022 1:14 TP Nitrate (as N) 4.6 0.050 mgll EPA 300.0 1/10/2022 1:14 TP TKN (as N) <0.50 0.50 mg4 SM4500NO7 g -D 18-2I ed 1/22/2022 10:00 7MD Orthophosphate 0.46 0.020 mgfl SM 4500 P E-2011 1/19/2022 21:19 KPG Total Phosphorus (as P) 0.67 0.010 me SM4500P-13,E-2011 1/27/2022 1604 TML Volatile Organic Compounds Chloromethane <1.0 1.0 ugll EPA 624.1 1/20/2022 16:04 KE 13romomethane <1.0 1.0 ugh EPA624.1 1/20/2022 16:04 KE Vinyl Chloride <0.40 0.40 ugJl EPA 624.1 1/20/2022 16:04 KE Chloroethane <1.0 1.0 ugll EPA 624,1 1120!2022 16:04 KE Methylene Chloride <1.0 1.0 -41 EPA 624.1 1/20/2022 16:04 KE Trichlorofluoromethane <1.0 1.0 ug/l EPA 624.1 1120/2022 16:04 KE l,1-Dichloroethylene <1.0 1.0 ug/l EPA 624.1 1/20/2022 16:04 KE L,I-Dichloroethane <1.0 t.0 ugll EPA 624.1 1/20/2022 16:04 KE trans-l,2-Dichloroethyleue <1.0 1.0 ug/1 EPA 624.1 1/20/2022 26:04 KE Chloroform <1.0 1.0 ugh EPA 624.1 1x2.012022 16:04 KE 1,2-Dichloroethane <1,0 1.0 ugll EPA 624.1 1/20/2022 16:04 KE 1,1,1-7Yichlomethane 4.0 10 ug/1 EPA 624.1 1/20/2022 16:04 KE Carbon Tetrachloride <1.0 10 Ug/1 EPA 624.1 11x012022 16:04 KE Bromodichlorvmethane <1.0 1.0 ugll EPA 624.1 1120/2022 16:04 ICE 1,2-Dichloropmpane <1.0 1.0 ugl] EPA 624.I 1/20/2022 16;04 KE cis-1,3-Dichlompropylene <0.40 0.40 ue EPA 624.1 1/20/2022 16:U4 KB Trichloroethylene <1.0 1.0 no EPA 624.1 1/20/2022 16:04 KE trans-l,3-13khloropropylene <0.40 0.40 ugll EPA 624.1 1/20/2022 16:04 KE 1,1,2-TriehlvraeUiane 41.0 1.0 ugli EPA 624.1 1/20/2022 16:04 KE Dibromvchloromethane, <1,0 1.0 ugll EPA 624.1 1/20/2022 16:04 KE Bromoform ¢1.0 1.0 u911 EPA 624.1 1120x2022 16:04 KE Tetrachloroethylene C1.0 1.0 ug/l EPA 624.1 1/20/2022 56:04 KE 1,1,2,2-Tenachlomethane <10 1.0 ug/I EPA 624,1 1/20/2022 16:04 KL Chlorobamene <10 1.0 ug/l EPA 624.1 1/20/2022 16:04 KL 2-chloreethyl vinyl ether <I.0 1.0 ug/l EPA 624.1 1/20/2022 16:04 KE 1,2•Diehlorobe2ene X1.0 1.0 ugll EPA 624,1 1/20/2022 16:04 KE 1,3 -Dichlorobenzene <1.0 1.0 ugll EPA 624.1 112012022 16:04 Y.F. 1,4 Diehlorobenxene <1.0 1.0 ug/l EPA 624.1 1/20/2022 16:04 ICE Mblorobenxenes <1.0 1.0 ugll EPA 624.1 1/20/2022 16:04 KE Berime <1.0 1.0 ugR LPA 624.1 1/20/2022 16:04 KE Toluene <1.0 1.0 ug/l EPA 624.1 1/20/2022 16:04 KE Ethylbenwne <L0 1.0 u911 EPA 624.1 1/20/2022 16:04 KE o-Rylcnc <1.0 1.0 ug/l EPA 624.1 1/20/2022 14:04 KE m.p-Xylene <1.0 1.0 ugll EPA 624.1 1/20/2022 16;04 ICE Page 3 of 9 R.I. Analytical Laboratories, Inc. Laboratory Report WSS Inc.dba Weston & Sampson Work Order #: 2201-00908 Project Name: PROJECT# 25364 OCEAN EDGE RESORT - ANNUAL WELLS Sample Number: 001 Sample Description: NM DG -2 Sample Type : GRAB Sample Date 1 Time : 1/18/2022 ® 15:00 SAMPLE DET. DATE/; RAE PARAMETER RESULTS LIMIT UNITS METHOD ANALYZED ANALYST Acetone ¢10 10 ugll EPA 624.1 1/20/2022 16:04 KE Acrolein <1,0 Lo 11g11 EPA 624.1 1/24/2022 16:04 KE Acrylonitrile r1.0 1.0 ugli EPA 624.1 1/20/2022 16:04 KE Methyl Tediary Butyl Ether (MTBE) <1.0 1.0 ugll EPA 624.1 1120=22 16:04 KE Carbon Disulfide 4.0 lA ugll EPA 624.1 1/20/2022 16:04 KE Styrene <1.0 1.0 ugll EPA 624.1 1%20/2022 16:04 KE Vinyl Acetate <1.0 Lo ugll EPA 624.1 1/20/2022 16:04 KE 4-metltyl-2-pentanone(Iv1iX) X1.0 1.0 usa EPA 624.1 1%20/2022 16.04 KE 2-Hennone <1.0 1.0 u84 EPA 624.1 1/20/2022 16:04 KE 2-Butanone(MEK) <1.0 1.0 ug13 EPA 624.1 1/20/2022 I6.04 KE cis -1,2 Dichloroethylcatc <1.0 1.0 ug/l EPA 624.1 1/20/2022 16:04 KE 1,2-Dibrornmt bave(ED14) <1.0 1.0 ug/l EPA 624.1 1/20/2022 16:04 KE Dibmi-nomethane <1.0 1.0 ugll EPA 624,1 MO/2022 16.04 KE Bromochloromethana r1.0 1.0 ugll EPA 624.1 1/20/2022 I6:04 KE Surrogates RANGE EPA 624.1 1/20/2022 16:04 KE Dibromofluorcmethane 110 60-140% EPA 624,1 1/20/2022 16:04 KE Toluene -W 94 60-140% EPA 624.1 1/20/2022 16.04 KE 4-Bromofiuorobenzene 120 60-140% EPA 624.3 1120/2022 16:04 KE Orthophosphate - Filtered upon receipt at the laboratory. The filiation should occur within fifteen minutes of sainple collection. Page 4 of 9 R.X. Analytical Laboratories, Inc. Laboratory Report WSS inc.dba Weston & Sampson Work Order #: 2201-00908 Project Name: PROJECT# 25364 OCEAN EDGE RESORT - ANNUAL WELLS Sample Number: 002 Sample Description: MW DG -3 Sample Type : GRAB Sample Date/ Time., 1/1812022 Q 16:15 SAMPLE DET. DATEITWE PARAMETER RESULTS LIMIT UNITS METHOD ANALYZED ANALYST Nitrite (as N) <0.050 0.050 mgll EPA 3009 1/20/2022 1:50 TP Nitrate (as N) 2.7 0.050 mgll EPA 300,0 t120/2022 1:50 TP TKN (as N) <0.50 0.50 mgll SM4500NOrg-D 18-2led 1/22/2022 10:00 D D Orthophosphate <0.020 0.020 tng/1 SM 4500 P E-2011 1/19/2022 21:19 KPG Total Phosphorus (as P) 0.58 0.010 mg/1 SM4 500P-B,E-2011 1/27/2022 16:04 TML Volatile Organic Compounds Cliloromethane <1.0 DO u911 EPA 624.1 1/20/2022 16,27 KE Bromomethane 01.0 1.0 ug/1 EPA 624.1 1%20/2022 16:27 Kar Vinyl Chloride <0.40 0.40 uel EPA 624.1 1/20/2022 16:27 KE Chlorodhane <1.0 1.0 uw] EPA624.1 1/20/2022 16:27 KE Methylene Chloride <1.0 1.0 ugll EPA 624.1 1/20/2022 16:27 KE Trichlorofluommethaue <1.0 1.0 ugll EPA 624.1 1/20/2022 16:27 KE 1, 1 -Dichlorocthylene <1.0 1.0 ugll EPA 624.1 1/20/2022 16:27 KE 1,1-Dichlnmethane <1.0 1.0 ugll EPA 624.1 1120/2022 16:27 KE trans-1,2-Dichloroethylene <1.0 1.0 ugll EPA 624.1 1/20/2022 16,27 KE Chlot-ofonn <1.0 1.0 ug/l EPA 624.1 1/20/2022 M27 %Cir 1,2-Dkblowethsne <1.0 1.0 u9/1 EPA 624.1 1/20/2022 16:27 KE 1,1,1 -Trichloroethane 4.0 1.0 u911 EPA 624.1 1120/2022 16:27 KE Carbon Tetrachloride <1.0 1.0 ttgll EPA 624.1 1/20/2022 16:27 KE Bromodichloromethane <1.0 1.0 ugll EPA 624.1 1/20/2022 16:27 KE 1,2-Dinhloropropanc <1.0 1.0 ugll EPA 624.1 1/20/2022 16:27 KE cis•1,3•Dichloropropytene <0.40 0.40 ugji EPA624.1 1/20/2022 16:27 KE Trichloroethylene <1.0 1.0 ug/1 EPA 624.1 112{112022 16:27 KE trans -1,3-D oMmpropylene <0.40 0.40 ugli EPA 624.1 1/2012022 16:27 KLA 1,1,2-Trichloroelhaue <1.0 1.0 ug11 EPA 624.1 112012022 16:27 KE Dibronambloromethane <L.0 1.0 ugll EPA 624.1 1/200022 16:27 KE Bromofotrn <I.0 1.0 ugll EPA 624.1 1/20/2022 16:27 KE Tetrachloroethylene <L0 1.0 ugll EPA 624.1 1120/202.2 16:7.7 KE 1,1,2,2-Tetrnahloraethane <1.0 1.0 ugll EPA 624.1 1120!2022 167 KE Chlorobenaene 4.0 1.0 ug/l EPA 624.1 1/20/2022 16'27 KE 2-Chlcroethyl vinyl ether [1.0 1.0 ug/l EPA 624.1 1/20/2022 16:27 KE 1,2 -Dichlorobenzene <1.0 L.0 ug1l EPA 624.1 1%20/2022 16:27 KE 1,3-131chlorobenzene <1.0 1.o ug/l EPA 624,1 1/20/2022 16:27 KE 1,4-Dichlorobeaxeac <1.0 l.0 ugll EPA 624.1 1/20/2022 16:27 KE Dichlorohenzenvs <1.0 1.0 ug/l EPA 624.1 1/20/2022 16:27 KE Benzene <1.0 1.0 ug/1 EPA 624.1 1/20/2022 16:27 KE Toluene <1.0 1.0 ug/l EPA 624,1 1/20/2022 16:27 KE Ethylb=ene <1.0 1.0 ug/1 EPA 624.1 1/20/2022 16:27 KE o -Xylene <1.0 1.0 ugll EPA 624.1 1/20/2022 16:27 KE rn p -Xylene <1.0 1.0 ugll EPA 624.1 %12012022 16:27 KE Page 5 of 9 R.I. Analytical Laboratories, Inc. Laboratory Report WSS Inc,dba Weston & Sampson Work Order #: 2201-00908 Project Name. PROJECT# 25364 OCEAN EDGE RESORT - ANNUAL WELLS Sample Number: 002 Sample Description: MW DG -3 Sample Type : GRA13 Sample Date/ Time: 1/18/2022 rQ 16:15 orthophosphate - Filtered upon receipt at the laboratory. The filtration should occur within Been minutes of sample collection. SAMPLE DET. DATE/TIME PARAMETER RESULT'S LIMIT UNITS METHOD ANALYZED ANALYST Acetone <10 10 ug)) EPA 624.1 1120/2022 16:27 KE Aorolcin E1.0 1.0 ugli EPA 624.1 1/20/2022 16:27 KE Aerylonitrile r1.0 1.0 ugll EPA 624.1 1/20/2022 16:27 KE Methyl Turliary 13 Lily[ Ether (MTBE) E1.0 110 ug/l EPA 624.1 112012422 16:27 KE Carbon NsWfi& X1.0 1.0 ug11 EPA 624.1 1120)2022 I6.27 KE styrene s1.0 1.0 ugll EPA 624.1 1/20/2022 16:27 KE Vinyl Acetate X1.0 1.0 ugll EPA 624.1 1120)2022 16,27 KE 4-methyl-2-pentanone(MMIC) ¢1,0 1.0 ugll EPA 624.1 1!26/2022 16,27 KE 2-Hexunone 4.0 1.0 ug/f EPA 624.1 1/20/2022 16:27 KE 2-Butanone(MEK) <1,0 1.0 ugll EPA 624.1 1/20/2022 16:27 KB cis-1,2-Dichloroethylene X1,0 1.0 ugll EPA 6243 1120)2022 16:27 ICE 1,2-Dibnomaethane(EDB) 4.0 1.0 vg/1 EPA 624.1 1/20/2022 16:27 KE Dibromomethane <1.0 1.0 110 EPA 624.1 1/20/2022 16:27 KE Bromoebloromethane r1.0 l.0 ugA EPA 624.1 1/20/2022 16:27 KE Surrogates RANGE EPA 624.1 1/20/2022 16:27 KE Dibromofluerometharre 110 60-140% EPA 624.1 1120!2022 16:27 KE Toluene -DS 96 60-140% EPA 624.1 1/20/2022 16:27 KE 4 Bromofluerobenxene 120 60-140% EPA 624.1 1/20/2022 16:27 KE orthophosphate - Filtered upon receipt at the laboratory. The filtration should occur within Been minutes of sample collection. Page 6 of 9 R.I. Analytical Laboratories, Inc. Laboratory Report WSS Inc.dba Weston & Sampson Work Order #: 2201-00908 Project Name: PROJECT#iE 25364 OCEAN EDGE RESORT - ANNUAL WELLS Sample Number: 003 Sample Description: MW DG -4 Sample Type: GRAB Sample Date/ Time; 1/18/2022 Q 16:30 Volatile Organic Compounds Chloromethane SAMPLE DET. ugll EPA 624.1 DATEITIME 16:50 PARAMETER RESULTS LIMIT LIMITS METHOD ANALYZED ANALYST Nitrite (us iW) X0.050 0.050 mgll EPA 300.0 1/20/2022 6:33 TP Nitrate (as N) 3.9 0.050 rng/1 EPA 300.0 1/20/2022 6:33 TP TKN (as N) X0.50 0,50 mgll SM4500NOrg-D 18-2led 1/22/1022 10:00 JMD Orthophosphate X0.020 0.020 mgl0 SM 4500 P E-2011 1/19/2022 21:19 KPG 'Ibtal Phosphorus (as P) 0,48 0.010 mgll SM4500P•B,&2011 1/2712022 16:04 TML Volatile Organic Compounds Chloromethane e1.0 1.0 ugll EPA 624.1 1/20/2022 16:50 KE Bromomethane <A 1.0 ugll EPA 624.1 1/20/2022 16:50 ICE Vinyl Chloride <0.40 0.40 ugll EPA 624.1 1/20/2022 I6:50 KE Chloroethane t1.0 1.0 ug/1 EPA 624.1 1/20/2022 16:50 ICE Methylene Chloride a 1.0 1.0 ug/l EPA 624.1 1/20/1022 16:50 ICE Tdchlomfluorotnethane <1.0 1.0 ug/1 EPA 624.1 1/20/2022 16:50 KE 1,1-Diehlorcethylene <1.0 1.0 ug/1 EPA 624.1 1/20/2022 16:50 KE 1,1-Dichlonethane <1.0 1.0 ugll EPA 624.1 1/20/2022 16:50 KE trans-1,2-Diohloroethylme X1.0 1.0 ugll EPA 624.1 1/2012022 16:50 KE Chloroform X1.0 1.0 ug/l PPA 624.1 1/20/2022 16:50 KE 1,2-1:liohloroethane <I.0 1.0 ugA EPA 624.1 1/20/2022 16:50 KE 1,1,1 -Trichloroethane t1,0 1.0 1181! EPA 624.1 1/20/2022 16:50 KE Carbon Tetrachloride X1.0 1.0 ug/l EPA 624.1 I/20/2022 16:50 KE Bramodichlorotnethane ¢1.0 110 ugll EPA 624.1 1/20/2022 16:50 KE 1,2-Dichloropmpane t1.0 lA ugll 13PA624.1 1/20/2022 16:50 KE cis-1,3-Dichlompropylene [0.40 0.40 ugll EPA 624.1 1/20/2022 16:50 ICE Trichloroethylene X1.0 1.0 ug/l EPA 624.1 1/20/2022 16:50 KE tants-1,3-Dichloropropylene ¢0.40 0.40 ngll EPA 624.1 1/20/2022 16:50 KE 1,1,2-Michloroethane --<3.0 1.0 ug/l EPA624.1 1/20/2022 16:50 KE Dibromochloromethane 01,0 1.0 ug/l EPA 624.1 1/20/2022 16:50 KE Bromoform < 1.0 1.0 ug/1 BPA 624,1 !120!2022 16:50 KE Tetrachloroethylene r1,0 1.0 ug/l EPA 624.1 1/20/2022 16:50 KE 1,1,2,2 TelraLhloroethane <1.0 1.0 ug/l EPA624. t 1/20/2022 16:50 KE Chlombenxene <1,0 1.0 ugll EPA 624.1 1120/2022 16:50 KE 2-Chloroethyl vinyl ether <1.0 i.0 ug/l EPA 624,1 1/20/2022 16:50 KE 1,2 -Dichlorobenzene E1,0 1.0 ug/1 .EPA 624.1 1/20/2022 16:50 KE 1,3•Dichlarobcrnzene <L0 1.0 ugll EPA 624.1 1120/2022 16:50 KE 1,4 -Dichlorobenzene <1,0 1.0 ug/1 EPA 624.1 1/20/2022 16:50 KE t] ichlaroheaaenes X1,0 1.0 ug/l EPA 624.1 1/20/2022 16:50 KE Benzene X1.0 1,0 ugll EPA 624.1 1/20/2422 16:50 KE Thluene 4.0 1,0 ugll EPA 624.1 1/20/2022 16:50 KE Ethylbenzene ¢1.0 1.0 ug/l EPA 624.1 1/20/2022 16:50 KE o -Xylene e1,0 1.0 uga EPA 624.1 1/20/2022 16:50 KE m,p-Jiylenc <1.0 1.0 ngll EPA 624.1 1/20/2022 I6:50 KE Page 7 of 9 R.I. Analytical Laboratories, Inc. Laboratory Report WSS Inc.dba Weston & Sampson Work Order 4:2201-00908 Project Name: PROJECT# 25364 OCEAN EDGE RESORT - ANNUAL WELLS Sample Number: 003 Sample Description: MW DG -4 Sample Type: GRAB Sample Date 1 Time : 1/18/2022 @ 16:30 Orthophosphate - Filtered upon receipt at the laboratory. The filtration should occur within fifteen minutes of sample collection. SAMPLE DET. DATEITIME PARAMETER RESULTS LIMIT UNITS METHOD ANALYZED ANALYST Acetone <10 10 ugll EPA 624.1 112012022 16:50 KE Aerolein <1.0 1.0 ug/1 EPA 624,1 1/20/2022 16:50 KE Acrylonitrile <1.0 1.0 ug/l EPA 624.1 1/20/2022 16:50 KE Methyl Tertiary Butyl Ether (MTBE) el.0 1.0 U911 EPA 624,1 1/20/2022 16:50 ICE Carbon Di O!& t1,0 1.0 awl EPA 624.1 1/20/2022 16;50 ICF Styrene X1.0 1.0 ug/l EPA 624,1 1/20/2022 M50 KB Vinyl Acetate <1.0 1.0 ugll EPA 624.1 1/20/2022 16:50 KE 4-methyl-2-pentanone(MI61C) < 1.0 1.0 ug/l EPA 624,1 1/20%2022 16:50 KE 2-Hexanone X1.0 1.0 ug/1 EPA 624.1 1/20/2022 16:50 KE 2-Hutanone(MEK) [1.0 1.0 ugh EPA 624.1 1/20/2022 16:50 KE cis-1,2-Diehloroethylene X1.0 1.0 ugll EPA 624.1 1/20/2022 16;50 KE 1,2-Dibronaoethane(EDH) <1.0 1.0 ug/l EPA 624.1 1/20/2022 16:50 KE Dibromomethane [1.0 1.0 ug/l EPA 624.1 1/20/2022 16:50 KB Bromochlorometirane X1,0 1.0 11811 EPA 624,1 1/20/2022 16:50 KE Surrogates RANGE EPA 624.1 1/20/2022 16:50 ICE Dibromotluoromethaue 110 60440% EPA 624,1 1/20/2022 16:50 KE Tolucn*-D8 97 60-140% EPA 624.1 1/20/2022 16:50 KE 4-33romoflucrobenzene 120 60-140% EPA 624.1 1/20/2022 16;50 KE Orthophosphate - Filtered upon receipt at the laboratory. The filtration should occur within fifteen minutes of sample collection. Ed Page 8 of 9 R.I. Analytical Laboratories, Inc. Laboratory Report WSS Ina.dba Weston & Sampson Work Order 4:2201-00908 Project Name: PROJECT# 25354 OCEAN EDGE RESORT - ANNUAL WELLS Sample Number: 004 Sample Description: MW DG -5 Sample Type : GRAB Sample Date I Time : 1/18/2022 rQr 16:45 SAMPLE DET. DATE/TIME PARAMETER RESULTS LIMIT UNITS METHOD .ANALYZED ANALYST Nitrite (as N) 0.068 0,050 tngll EPA 300.0 1/20/2022 7:09 TP Nitrate (as N) 4.4 0.050 mgll EPA 300.0 1/20/2022 7:09 TP TKN (as N) 0.74 0.50 Teel SM4500NOrg-D 18-2led 1/22/2022 10:40 JMD Orthaphosphnte X0.020 0.020 mgll SM 4500 P P-2011 1/19/2022 21:19 KPG Total Phosphorus (as P) 0.46 0.010 mg/l SM4500P-B,1-2011 1/27/2022 I6:04 TML Volatile Organic Compounds Chloromethane t1.0 1.0 ugh EPA 624.1 1/10/2022 17:13 KE Bromomethane X1.0 1.0 ugli EPA 624.1 1/20/2022 17:13 KE Vinyl Chloride X0.40 0.40 ug/1 EPA 624.1 1/20/2022 17.13 KE Chloroethane 4.0 1,0 ug/1 EPA 624.1 1/20/2022 17:13 KE Mothylen a ChImide <1.0 1.0 ugll EPA 624.1 1/20/2022 17:13 KE Trichiorofluoratnethane X1.0 1.0 ug/l EPA 624.1 1/20/2022 17:13 KBE 1,1 -Dich lorodbylenc <1.0 1.0 ug/l EPA624.1 1/20/2422 17-13 KE 1,]-Dichloroethane r1,0 1.0 Ug/1 EPA 624.1 1120/2022 17:13 KE Vans-1,2-Diehloroethylene X1.0 1.0 ugll EPA 624,1 1/20/2022 17-13 KE Chlorofbrm <110 1.0 ugll EPA 624.1 1/20/2022 17:13 KE 1,2-Drcliloroethane X1.0 1.0 ug/l EPA 624,1 1/2012022 17:13 KE 1,1,1 -Trichloroethane ¢1.0 1.0 ugll FPA 624.1 1/20/2022 17:13 KE CarbonTetmehloride cl.0 1.0 ug/l EPA 624,1 1120/2022 17:13 KE Bromodichloromethane "1.0 1.0 ug/l EPA 624,1 1/20/2022 17:13 KE 1,2-Dichloropropene ¢1.0 1.0 low] EPA 624.1 1/20/2422 17:13 KE cis-1,3-Dichloropropylene -0.40 0.40 ug/l EPA 624.1 1/20/2022 17:13 KE Trichlowahytene <1.0 1.0 ugl] EPA 624.1 1/20/2022 17:13 KE trans-1,3-Dichloropsopylene c0.40 0,40 ug/1 EPA 624.1 I/20/2022 17:13 KE 1,1,2-Ttiohloroethane <1.0 lA ug/1 LPA 624,1 1%20/2022 17:13 KE Dibrumooldoromethane 4.0 1.0 ug/1 EPA 624.1 1120/2022 17:13 KE 13romofonn <1.0 1.0 ug11 EPA 624,1 1/20/2022 17:13 KE Tetrachlaimthylene <1.0 1.0 ug/1 EPA 624,1 1/20/2422 17:13 KE 1,1,2,21fmchloroethane <L0 1.0 ug/l EPA 624.1 1/20/2022 17:13 KS Chlorobenzene X1.0 1.0 Ug/1 EPA 624,1 1/20/2022 17:13 KE 2-Chloroethyl vinyl ether {1.0 1.0 ugll EPA 624,1 1120.12022 17:13 KE 1,2 -Dichlorobenzene c1,0 i.0 ug/l EPA 624.1 1/20/2022 17:13 KE 1,3 -Dichlorobenzene < 1.0 1.0 ug/l EPA 624.1 1/2012022 17:13 KE 1,4-Dichlor6enzene [I,0 1.0 ug/l EPA 624.1 1/2012022 17:13 KE Dichlarobenxenes r1,0 lA ugll EPA624.1 1/20/2022 17:13 KE Benzene X1.0 1.0 WA EPA 624.1 1/20/2022 17:13 KE Toluene E1,0 1.0 ugl] EPA 624.1 1/20/2022 17:13 KE Ethylbenzene --1.0 1.0 ugll EPA624.1 1/20/2022 17:13 KE o -Xylene <1,0 1.0 u911 EPA 624.1 1/20/2022 17:13 KE nip -Xylene c1.0 1.0 ug/l EPA624.1 1/20/2022 17:13 KE Page 9 of 9 R.I. Analytical Laboratories;, Inc. Laboratory Report WSS Inc.dba Weston & Sampson Work Order #: 2201-00908 Project Name: PROJECT# 25364 OCEAN EDGE RESORT - ANNUAL WELLS Sample Number: 004 Sample Description: MW DG -5 Sample Type: GRAB Sample Date 1 Time : 1/18/2022 @ 16:45 Orthophosphate - filtered upon receipt at the laboratory. The filtration should occur within fitteen minutes of sample collection. SAMPLE DET. DATE/TIME PARAMETER RESULTS LIMIT UNITS METHOD ANALYZED ANALYST Acetone <10 10 Ugjl 12PA 624,1 1/20/2022 17:13 KE Acrolein <1.0 1.0 U911 EPA 624.1 1/20/2022 17:13 KE Acrylonitrile <.O 110 Ug/1 EPA 624.1 1/20/2022 17:13 KE Methyl Tediaiy Butyl Ether (MTBE) X1.0 1.0 "el EPA 624,1 1/20/2022 17:13 KE Carbon Disulfide X1.0 1.0 ugll EPA 624.1 1/20/2022 17:13 KE Styrene <1.0 1.0 11911 EPA 624,1 I/20/2022 17:13 KE Vinyl Acetate <1.0 1.0 ugll EPA 624.1 1/20/2022 17:13 KE 4 methyl-2•pcntanane(MIBK) <1.0 1.0 Ug/1 EPA 624.1 112012022 17:13 KL 2-Hexanone [1.0 1.0 Ug11 EPA 624.1 1120/2022 17:13 ICS 2-Butano*MFK) r1.0 t.0 ugll EPA 624.1 1/20/2022 17:13 KE cis-1,2-13ichloroethylene <1.0 1.0 ug11 EPA624.1 1/20/2022 17:13 KE 1,2-Dibromoethane(ED13) c1.0 1.0 uglt SPA 624.1 1/20/2022 17:13 KE Dibromomelhane <1.0 1,0 ugll 'EPA 624.1 1/20/2022 17:13 KE Bnamochlommethane <1.0 1.0 ugll EPA 624.1 1/20/2022 17:13 KE Surrogates RANGE EPA 624.1 1/20/2022 17:13 KE Dibromofiuoromethane Ila 60-140% EPA 624.1 1/20/2022 17:13 KE Tolueno-D8 97 60-140% EPA 624.1 1/2012022 17:13 KE 4-Bro=noiluorobenzene 120 60-140% EPA 624.1 1/20/2022 17:13 KE Orthophosphate - filtered upon receipt at the laboratory. The filtration should occur within fitteen minutes of sample collection. t3Wf two poo 1808=1 SPiIoS P9Pued4qnS —SSl SPHOS PaA1aSS1❑ 12101—Sfll PuewapxO W01WO4aopg—pD8 w opoo xii;t>ow 3 a apuo uvl1»n,Tasaid Z Ll tJy a adAl V srau!tj toD jo # ca, z ►� p- r•irl--- —► 00 r7 :s}elayy; oa � 'h'," �+ h', N Is 41 0 ID 4 1eec! 1'hZ9 P041ew -- SODA (P99 1) esee3O V 11D - i,lgo � +- ' C ' f r ele4dso4d Ie101—d-1 a 00^ Pa ele4dso4d 04VO — d•O � � C �i .a yi r ,ra rF �� •a .5�d N 00 N SE Ue60311N 10IU01u1UV CHN Ue6011N ILM181N lg101— NXL }� uopepn',1eD uaB0.r;1N Ie101—N1 N se USBO41N 01 MIN —£ON N SB U060311N 0114IN -'ON SPUDS 119101— s1 SPiIoS P9Pued4qnS —SSl SPHOS PaA1aSS1❑ 12101—Sfll PuewapxO W01WO4aopg—pD8 w opoo xii;t>ow 3 a apuo uvl1»n,Tasaid Z Ll tJy a adAl V srau!tj toD jo # ca, z ►� p- r•irl--- —► 00 r7 oa � 'h'," �+ h', N Is 41 0 ID 4 1eec! Q V4p Dep � +- ' C °°45 f r a 00^ Pa � � C �i .a yi r ,ra rF �� •a .5�d N 00