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HomeMy Public PortalAboutBOH10.5.22packetBoard of Health Penny Holeman Annette Graczewski Kimberley Crocker Pearson David Bennett Casey Chatelain 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 October 5, 2022, at 7:OOPM Pursuant to Chapter 20 of the Acts of 2021, this meeting will be conducted in person and via remote means, in accordance with applicable law. This means that members of the public body may access this meeting in person or via virtual means. In person attendance will be at the meeting location listed above, and it is possible that any or all members of the public boy may attend remotely. No in -person attendance of members of the public will be permitted, 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 4509 Passcode: 979174 To request to speak: Press *9 and wait to be recognized. Zoom Webinar: httos://us02Web.zoom.us/i/82043944509/owd=MvtpM2kvUExKbUIRS0hmM01Zb3dQZzO9 Passcode: 979174 To request to speak: Tap Zoom "Raise Hand", then wait to be recognized. When required by law or allowed by the Chair, persons wishing to provide public comment or otherwise participate in the meeting, may do so by accessing the meeting remotely, as noted above. Additionally, the meeting will be broadcast live, in real time, via Live broadcast (Brewster Government? V Channel 18), Livestream (livestream.brewster-ma.gov) or Video recording (tv.brewster-ma.gov) 1. Call to Order 2. Chairman's announcements 3. Citizen's 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. Habitat for Humanity - fee waiver for Red Top Road property (DWCP & Perc fees) 5. Brewster Farms Tobacco Violation 6. 0 Seamans Lane- Abigail Rhodes — Animal Regulations variance request 7. Liaison Reports 8. Matters not reasonably anticipated by the Chair 9. Items for next agenda 10. Next meeting: October 19, 2022 11. Informational items: a. Monthly reports for Serenity (July & August) b. Monthly report for Maplewood c. Monthly report for Pleasant Bay d. Testing report for 17 Russell's Path e. Testing report for 320 Satucket Road f. Monthly report for Kings Landing 12. Adjournment Date Posted: 9/30/2022 Date Revised: Received by Town Clerk: \\fileserver16\rdocuments$\tmason\Desktop\Agenda template.docx \\\11111111II 111(11/11/l0�i�ii l O 10 E;L% " *-(14 . . ��ra O I Pr OR P Oft 0'73 r /////11I11I111111111111111��\�\\\\\\\�\\ Town of Brewster 2198 MAIN STREET BREWSTER, MASSACHUSETTS 02631-1898 PHONE: 508.896.3701 EXT. 1120 FAX: 508.896.4538 brhealth@brewster-ma.2ov 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 Habitat for Humanity Fee Waiver Request/26 Red Top Road Community Housing Project Habitat for Humanity has requested that the Board of Health waive the fees for the Disposal Works Construction Permits and perc testing for 2 homes to be built in Brewster. The fee for the homes would be roughly $110 each and perc testing would be $85 each. In the past, the Board of Health has waived fees for Habitat for Humanity and the Brewster Woods project. Habitat for Humanity of Cape Cod 411 Main Street Suite 6 • Yarmouth Port, MA 02675 • 508-362-3559 x24 www.habitatcapecod.org land@habitatcapecod.org Annette Graczewski, Chair Brewster Board of Health Town of Brewster 2198 Main Street Brewster, MA 02631 September 16, 2022 RE: Request for waiver of Board of Health fees for 26 Red Top Road Community Housing Project Dear Ms. Graczewski, On behalf of Habitat for Humanity of Cape Cod, I am here requesting the Board of Health's consideration of a waiver of permitting fees for our community housing project at 26 Red Top Road. The two -home project was approved by Brewster ZBA on October 12, 2021, with the 40B Comprehensive Permit recorded at the Barnstable County Registry of Deeds in BK 34849 PG 19. As we look to soon start infrastructure on this project, we appreciate your consideration of any eligible fee waivers in keeping with the Board of Health's policy. The following waiver request was included in our ZBA application of August 3, 2021: "Waivers are requested from all applicable fees. Fee Waivers — Under MGL Chapter 408, the Zoning Board has the authority to grant fee waivers. Habitat typically requests waivers from local fees such as Building Department, Health Department and Fire Department. Habitat respectfully requests the Zoning Board of Appeals waive all local fee payments to the Town of Brewster. In the alternative, at the Board's preference and request, Habitat would approach the Selectmen to approve these waivers." We have submitted a corresponding request regarding other fees waivers to the Selectboard which will be determined at their September 26th meeting. We look forward to creating and offering these Affordable ownership homes, including a Veteran preference home within the project. Please feel free to reach out with any questions. Most sincerely yours, S�izafiet`nethrnardylrade Director of Land Acquisition & Project Development cc by email: Amy von Home, Jill Scalise & Donna Kalinick Tammi Mason From: Erika Mawn Sent: Friday, September 30, 2022 9:19 AM To: Tammi Mason Subject: FW: Habitat for Humanity fee waiver approved Attachments: cl. Request to Selectboard re. fee waiver Brewster 9.12.2022.pdf Erika .lawn Executive Assistant to the Town Administrator 2198 Main Street Brewster, MA 02631 (508) 896-3701 ext. 1100 www.brewster-ma.gov Brewster Town Offices are open to the public Monday - Thursday from 8:30 to 4:00pm, and by appointment on Fridays. For the latest updates on Town services, please visit www.brewster-ma.gov From: Erika Mawn Sent: Tuesday, September 27, 2022 8:31 AM To: Davis Walters <dwalters@brewster-ma.gov>; Robert Moran <rmoran@brewster-ma.gov> Cc: Donna Kalinick <dkalinick@brewster-ma.gov> Subject: Habitat for Humanity fee waiver approved Good Morning, At the Select Board meeting last night it was approved to waive the Habitat for Humanity fees from the applicable Building Department permit fees and Fire Department inspection fees for the community housing project at 26 Red Top Road. Waivers for Health Department fees are granted through the Board of Health. Please let me know if you have any questions. Thank you, Erika Erika ivlawn Executive Assistant to the Town Administrator 2198 Main Street Brewster, MA 02631 (508) 896-3701 ext. 1100 www.brewster-ma.gov Brewster Town Offices are open to the public Monday - Thursday from 8:30 to 4:00pm, and by appointment on Fridays. For the latest updates on Town services, please visit www.brewster-ma.gov 1 \\\\\\\\\\\\\11111111llI Iillffi15% \04 ,ii %* 4 — � U � , raj %• ; � —d� �//���/1 IiHi11A1111U111\\\\ September 23, 2022 Town of Brewster 2198 MAIN STREET BREWSTER, MASSACHUSETTS 02631-1898 By Certified Mail and Regular Mail Mr. Saumil Patel 2771 Main Street Brewster, MA 02631 Health Department Amy L. von Hone, R.S., C.H.O. Director PHONE: 508.896.3701 EXT. 1120 FAX: 508.896.4538 Sherrie McCullough, R.S. t)rhealth@hrewster-ma,.gov Assistant Director W W W,BREWSTER-MA.GOV RE: Notice of Violation — Retail Sale of Tobacco Products Brewster Farms Quick Pic, 2771 Main Street, Brewster, MA Dear Mr. Patel: Tammi Mason Senior Department Assistant The Brewster Health Department has been informed by the Cape Cod Regional Tobacco Control Program that a compliance check of your establishment by same was conducted on August 24, 2022 and three violations of the state and town tobacco regulations were observed. (See enclosed Tobacco Compliance Check Form). Per the Brewster Board of Health Regulation Restricting the Sale and Use of Tobacco Products & Nicotine Delivery Products and MA 105 CMR 665.000: Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery Systems: Brewster Regulation Section H/MA 105 CMR 665.010 (D): Sale of Flavored Tobacco Products Prohibited - Flavored Delta -8 Products were available for sale Brewster Regulation Section M: Self -Service Displays and MA 105 CMR 665.010 (B) Sale of Tobacco Products and Electronic Nicotine Delivery Systems - The humidor was unlocked Please also make note, a verbal warning was issued regarding missing signage and any future violations will be reported to the Health Department. Per our records, these current violations qualify as a first violation. The last violation on record occurred on November 6, 2020 (prior to the effective date of the current regulations). Per the Brewster Board of Health Regulation Restricting the Sale and Use of Tobacco Products & Nicotine Delivery Products: - Section S (2) (a): In the case of a first violation under state regulations, a fine of one thousand dollars ($1000.00) may be imposed. (Sale of Flavored Tobacco Products) Section S (3) (a): In the case of a first violation under local regulations, a fine of one hundred dollars ($100.00) may be imposed. (Self-service Humidor unlocked) N:\Health\Violation Notices\Tobacco\Brewster Farms 11.06.20\BrewsterFarmsQuickPicTobaccoViolation08.24.22.doc Please be advised that the Board of Health will discuss these violations at their meeting scheduled for October 5, 2022 at 7:00 pm to determine whether you have violated the terms of the local and state tobacco regulations listed above, and to impose sanctions and/or fines as deemed appropriate. The Hearing will be held via remote video streaming only. Information for logging into and participating in the hearing will be provided prior to the hearing. Please confirm via phone or email (brhealth(a,brewster-ma.gov ) your receipt of this letter and your attendance at the Board of Health meeting by either you or your representative. Please do not hesitate to contact this office with any questions at 508-896-3701 X1120. Sincerely, Amy L. von Hone, R.S., C.H.O. Health Director Enclosure cc: Cape Cod Regional Tobacco Control Program file Regular Mail Certified Mail N:\Health\Violation Notices\Tobacco\Brewster Farms 11.06.20\BrewsterFarmsQuickPicTobaccoViolation08.24.22.doc POST ••'CS TOU TER POINT OF SALE TOOLKIT ♦♦flISUC I`u" 'u" Violation visit #1067890 summary: Retailer info: • Retailer name: Brewster Farms • Address line 1: 2771 Main St • Address line 2: • City, State: Brewster, MA • Zip:02631-1948 Submission info: • Survey Submitted Date: Aug 24, 2022 • Survey Submitted Time: 2:48:00 PM America/New_York ((UTC -0400)) • Visit Completed By: Bob Collett (# 821) Visit info: • If violations were found, check all that apply: Missing signage, Flavored products or flavor enhancers (including mint/menthol flavors) sold, Other (please specify) • Specify other violation: Unlocked Humidor • What action was taken? Check all that apply Referral given to another agency (e.g. Department of Revenue, Attorney Generals€TMs office, local Board of Health) • Specify other fine: • Employee/merchant name: • Employee/merchant title: Owner • Enter field notes Several Flavored Delta -8 vape products for sale. Humidor is unlocked Visit link: http://mass.countertools.org/education/1067890 PDF generated on: Aug. 31, 2022 r, J3 113 D D • D t-rl m D a nJ • D P- • Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. U.S. Postal ServiceTM CERTIFIED MAIL° RECEIPT Domestic Mail Only „Or delivery information, visit our website at www,usps.com-, F-- 13 f h . _. kl 1j `' ' Certified Mail Fee / Postmark H Extra Services & Fees (check box, add fedas'd15piopnafe) ❑Return Receipt (hardcopy) $ t1 ❑ Return Receipt (electronic) jib' ['Certified Mail Restricted Delivery)/ $ Delivery( ❑ Adult Signature Required S ❑ Adult Signature Restricted Delivery $ r ii Postage Total Postage and Fees Sent -' Street and �A7pt. No., or p Q x No. /- aiki City,,rate ZIP+4 ,}r / tia._/ 1. Article Addressed to: •z 7 7/ /lid r III1111111111 111111111I II I II IIII I I Ili 9590 9402 6578 1028 6442 89 2. Article Number (Transfer from service label) 7021 0350 0000 0857 6976 C. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No I• PS Form 3811, July 2020 PSN 7530-02-000-9053 3. Service Type ❑ Adult Signature ❑ dull Signature Restricted Delivery edified Mall® rtlried Mall Restricted Delivery ❑ Collect on Delivery 0 Collect on Delivery Restricted Delivery ^ ' cured Mail cured Mall Restricted Delivery ver $500) ❑ Priority Mall Express® ❑ Registered Mail"' ❑ Registered Mall Restricted Delivery ❑ Signature ConfirmationhM ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt Brewster Farms Tobacco Violations February 13, 2019- Inspection by County revealed - Juul Pods on counter for sale, cigars on top of Humidor for self-service, Humidor unlocked. March 7, 2019 — BOH voted to fine them $100 as it was their first violation. November 6, 2020 — Inspection by County revealed - No signage present, Humidor was unlocked, Fronto King Blunt Wraps for sale December 2, 2020 — BOH did not fine Brewster Farms. They agreed that the legality of the Fronto King Blunt Wraps was not clear with regards to flavored tobacco prohibitions (the BOH agreed to let them remove the Blunt Wraps and notify their supplier), The Humidor was to be relocated behind the self- service counter where it was inaccessible to the public or must always remain locked. If another violation occurred prior to February 13, 2021, Brewster Farms would be subject to a fine and the Tobacco permit would be suspended for 7 days. August 24, 2022 — Inspection by County revealed -Missing signage, flavored products, or flavor enhancers (including mint/menthol flavors) were being sold, Humidor was unlocked Brewster Farms Tobacco Violations Violations were: Section H — Flavored Tobacco product or Flavored Tobacco product enhancers (STATE VIOLATION) Section M — Self Service Displays (including Humidors) (TOWN VIOLATION) Section D — Tobacco Sales to persons under 21 years old: #2 Required Signage- Brewster Farms was given a verbal warning by inspector (not technically reported to BOH) The current Tobacco Regulations went into effect on September 15, 2021. The last violation by Brewster Farms was November 6, 2020, before these went into effect. The latest violation was August 24, 2022. According to the new regulations, this would be a 1st offense by Brewster Farms. Which, under the State would be a $1,000 fine for the violation of selling flavored tobacco/flavored enhancers This would also be a 1st offense by Brewster Farms for the Humidor being unlocked, which under Local regulations would be a $100 fine. If the Board is going to include the 2020 violations (before regulations went into effect), the STATE violation would be a 2nd one and would be a $2000 fine and their permit would be suspended for 7 consecutive business days. If the Board is going to include the 2020 violations (before regulations went into effect), the TOWN violation would be a 2nd one and would be a $200 fine and their permit would be suspended for 7 consecutive business days. The Board of Health must provide written notice of intent to revoke a Tobacco Product Sales Permit, which shall contain the reason therefor and establish a date for a hearing, which date shall be no earlier then 7 days after date of said notice. The permit holder or its business agent shall have an opportunity to be heard at such hearing and shall be notified of the Board of Health's decision and the reason therefor in writing. After a hearing, the Board of Health shall suspend or revoke the Tobacco Product Sales Permit if the Board find that a violation of this regulation occurred. All tobacco products, as defined in the regulations shall be removed from the retail establishment upon suspension or revocation of the Tobacco Product Sales Permit. Failure to remove all tobacco products as defined in the regulations shall constitute a separate violation of the regulation. Compiled by Tammi Mason on September 6, 2022 Town of Brewster 2198 MAIN STREET BREWSTER, MASSACHUSETTS 02631-1898 PHONE: 508.896.3701 EXT. 1120 FAX: 508.896.4538 brhealth brew ster-ma. eov 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 BREWSTER BOARD OF HEALTH REGULATION RESTRICTING THE SALE OF TOBACCO AND NICOTINE DELIVERY PRODUCTS THIS REGULATION INCORPORATES THE FOLLOWING: 1. The minimum standards required pursuant to the United States Food and Drug Administration on the sale and distribution of cigarettes; and 2-. The minimum standards required pursuant to Massachusetts state law and regulation. This includes but is not limited to M.G.L. Chapter 270 regarding sales to those under the minimum legal sales age of 21, tobacco and vaping product sales including flavored products, required signage, matching definitions and other relevant state statutes and regulations, as of September 2020. A. Statement of Purpose: Whereas there exists conclusive evidence that tobacco smoking causes cancer, respiratory and cardiac diseases, negative birth outcomes, irritations to the eyes, nose and throat'; Whereas the U.S. Department of Health and Human Services has concluded that nicotine is as addictive as cocaine or heroine and the Surgeon General found that nicotine exposure during adolescence, a critical window for brain development, may have lasting adverse consequences for brain development,3 and that it is addiction to nicotine that keeps youth smoking past adolescence4; Whereas a Federal District Court found that Phillip Morris, RJ Reynolds and other leading cigarette manufacturers "spent billions of dollars every year on their marketing activities in order to encourage young people to try and then continue purchasing their cigarette products in order to provide the replacement smokers they need to survive" and that these companies were likely to continue targeting underage smokers5; I Center for Disease Control and Prevention, (CDC) (2012), Health Effects of Cigarette Smoking Fact Sheet. Retrieved from: http://www.cdc.gov/tobacco/data_statistice/fact sheets/health effects/effects cig_smoking/index. htm. 2 CDC (2010), How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking -Attributable Disease. Retrieved from: http://www.cdc.gov/tobacco/data_statistics/sgr/2010/. 3 U.S. Department of Health and Human Services. 2014. The Health Consequences of Smoking — 50 Years of Progress: A Report of the Surgeon General. Atlanta: U.S. National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, p. 122. Retrieved from: http://www.surgeongeneral.gov/library/ reports/ 50-years-of-progress/full-report.pdf. a Id. at Executive Summary p. 13. Retrieved from: http://www.surgeongeneral.gov/library/reports/50-years-of-progress/exec- summary.pdf 'United States v. Phillip Morris, Inc.; RJ Reynolds Tobacco Co., et al., 449 F.Supp.2d 1 (D.D.C. 2006) at Par. 3301 and Pp. 1605-07. 1 N:\Health\Tobacco\Brewster Regulations\Final Adopted Tobacco Regulation July 2021.doc Whereas more than 80 percent of all adult smokers begin smoking before the age of 18, more than 90 percent do so before leaving their teens, and more than 3.5 million middle and high. school students smoke6; Whereas cigars and cigarillos, can be sold in a single "dose;" enjoy a relatively low tax as compared to cigarettes; are available in fruit, candy and alcohol flavors; and are popular among youth; Whereas research shows that increased cigar prices significantly decreased the probability of male adolescent cigar use and a 10% increase in cigar prices would reduce use by 3.4%8; Whereas 59% of high school smokers in Massachusetts have tried flavored cigarettes or flavored cigars and 25.6% of them are current flavored tobacco product users; 95.1 % of 12 —17 year old's who smoked cigars reported smoking cigar brands that were flavored9; Whereas the Surgeon General found that exposure to tobacco marketing in stores and price discounting increase youth smoking'°; Whereas the U.S. Food and Drug Administration and the U.S. Surgeon General have stated that flavored tobacco products are considered to be "starter" products that help establish smoking habits that can lead to long- term addiction'1; Whereas the U.S. Surgeon General recognized in his 2014 report that a complementary strategy to assist in eradicating tobacco -related death and disease is for local governments to ban categories of products from retail sale12; Whereas the U.S. Food and Drug Administration and the Tobacco Products Scientific Advisory Committee concluded that menthol flavored tobacco products increased nicotine dependence, decreased success in smoking cessation13; Whereas menthol makes it easier for youth to initiate tobacco use14; 6 SAMHSA, Calculated based on data in 2011 National Survey on Drug Use and Health and U. S. Department of Health and Human services (HHA). CDC (2009), Youth Risk Behavior, Surveillance Summaries (MMWR 2010: 59, 12, note 5). Retrieved from: http:www.cdc.gov/mmwr/pdf/ss/ss5905.pdf. 8 Ringel, J., Wasserman, J., & Andreyeva, T. (2005) Effects of Public Policy on Adolescents' Cigar Use: Evidence from the National Youth Tobacco Survey. American Journal of Public Health, 95(6), 995-998, doi: 10.2105/AJPH.2003.030411 and cited in Cigar, Cigarillo and Little Cigar Use among Canadian Youth: Are We Underestimating the Magnitude of this Problem?, J. Prim. P. 2011,. Aug: 32(3-4):161-70. Retrieved from: www.nebi.nim.gov/pubmed/21809109. 9 Massachusetts Depaitinent of Public Health, 2015 Massachusetts Youth Health Survey (MYHS); Delneve CD et al., Tob Control, March 2014: Preference for flavored cigar brands among youth, young adults and adults in the USA. to U.S. Department of Health and Human Services. 2012. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta: U.S. National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, p. 508-530, ivlvi>>.surgeongeneral.gov/library/reports/preventing-vouch-tobacco-use/fir11-report.pdf. 11 Food and Drug Administration. 2011. Fact Sheet: Flavored Tobacco Products, www f la.gov/dotiunloads/TobaccoProducts/ProtectingKidsfr omTobacco/FlavoredTobacco/UCM183214.pd[ U.S. Department of Health and Human Services. 2012. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta: U.S. National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, p. 539, witrw.surgeongeneral.goy/librar v/repor ts/preventing-youth-tobacco-use/full-report.pdf: 12 See fn. 3 at p. 85. 13 www.fda.gov/downloads/ucm361598.pdf, Https://tobacco,ucsf.edu/tpsac-gave-fda-what-it-needs-to-ban-menthol 14 www.tobaccofreekids.org/assets/factsheet/0390.pdf 2 N:\Health\Tobacco\Brewster Regulations\Final Adopted Tobacco Regulation July 2021.doc Whereas use of e -cigarettes among students in Massachusetts is 20.1%, representing a 78% increase for high schoolers and a 48% increase for middle schoolers from 2017 to 201815; • Whereas the Massachusetts Department of Environmental Protection has classified liquid nicotine in any amount as an "acutely hazardous waste"16; Whereas according to the CDC's youth risk behavior surveillance system, the percentage of high school students in Massachusetts who reported the use of cigars within the past 30 days was 10.8% in 201317 Whereas data from the National Youth Tobacco Survey indicate that more than two -fifths of U.S. middle and high school smokers report using flavored little cigars or flavored cigarettes'$; Whereas the Massachusetts Supreme Judicial Court has held that " .. [t]he right to engage in business must yield to the paramount right of government to protect the public health by any rational means"19. Whereas Communities that are densely populated with tobacco retailers make it easier for youths to obtain tobacco products.. Also, because retail outlets are a key marketing channel for tobacco products, a high density of tobacco retailers in a neighborhood creates a concentration of tobacco marketing, meaning children, youth and adults living in those neighborhoods will be exposed to multiple environmental cues designed to encourage tobacco use. • Whereas Studies have shown that youth who live and go to schools in neighborhoods with the highest density of tobacco outlets (or with the highest density of retail tobacco advertising) have higher smoking rates compared to youth who live, or attend school, in neighborhoods with fewer or no tobacco outlets. Whereas Studies have also shown that limitations on thenumber of tobacco retailers, combined with strong licensing requirements, has a positive effect on reducing youth smoking rates. Now, therefore it is the intention of the Brewster Board of Health to regulate the sale of tobacco products. B. Authority: This regulation is promulgated pursuant to the authority granted to the Brewster Board of Health by Massachusetts General Laws Chapter 111, Section 31 which states "Boards of health may make reasonable health regulations". C. Definitions: For the purpose of this regulation, the following words shall have the following meanings: Adult -Only Retail Tobacco Store (also known as "Retail Tobacco Store" in MGL Ch. 270): An establishment that does not share space with another business, that has a separate entrance, that does not sell food or alcohol, that does not have a restaurant license or lottery license, whose only purpose is to sell or offer for retail sale tobacco products and/ortobacco product paraphernalia, in which the entry of persons under the age of 21 is 15MAYRBS2017 16310 CMR30.136 17 See fn. 7. 18 King BA, Tynan MA, Dube SR, et al. 2013. "Flavored -Little -Cigar and Flavored -Cigarette Use Among U.S. Middle and High School Students." Journal ofAdolescent Health. [Article in press], winv.jahonline.org/article/S1054-139X%2813%2900415- 1/abstract. 19 Druzik et al v. Board of Health of Haverhill, 324 Mass.129 (1949). 3 N:\Health\Tobacco\Brewster Regulations\Final Adopted Tobacco Regulation July 2021.doc prohibited at all times, and which maintains a valid permit for the retail sale of tobacco products from the Brewster Board of Health and applicable state licenses. Entrance to the establishment must be secureso that access to the establishment is restricted to employees and to those 21 years or older. The establishment shall not allow anyone under the age of 21 to work at the establishment. Blunt Wrap: Any flavored tobacco product manufactured or packaged as a wrap or as a hollow tube made wholly or in part from tobacco that is designed or intended to be filled by the consumer with loose tobacco or other fillers regardless of any content. Business Agent: An individual who has been designated by the owner or operator of any establishment to be the manager or otherwise in charge of said establishment. Characterizing Flavor: A distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted or detectable either prior to or during consumption of a tobacco product or component part thereof, including, but not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb or spice; provided, however, that no tobacco product shall be determined to have a characterizing flavor solely because of the provision of ingredient information or the use of additives or flavorings that do not contribute to the distinguishable taste or aroma of the product. Child -Resistant Package: Packaging intended to reduce the risk of a child ingesting nicotine and that meetsthe minimum standards of 16 C.F.R. 1700 et seq., pursuant to 15 U.S.C. 1471 through 1476. Cigar: Any roll of tobacco that is wrapped in leaf tobacco or in any substance containing tobacco, with or without a tip or mouthpiece, that is in a readily usable state immediately when removed from its packaging without any modification, preparation or assembly required as in a kit or roll -your -own package, and is not otherwise defined as a cigarette under Massachusetts General Law, Chapter 64C, Section 1, Paragraph 1. Tobacco leaf in such kits or roll -your -own packages shall be considered "blunt wraps" for the purpose of this regulation. Component Part: Any element of a tobacco product, including, but not limited to, the tobacco, filter and paper, but not including any constituent. Constituent: Any ingredient, substance, chemical or compound, other than tobacco, water or reconstituted tobacco sheet, that is added by the manufacturer to a tobacco product during the processing, manufacturing or packaging of the tobacco product. Such term shall include a smoke constituent. Coupon: Any card, paper, note, form, statement, ticket or other communication distributed for commercial or promotional purposes to be later surrendered by the bearer so as to receive an article, service or accommodation without charge or at a discount price. Distinguishable: Perceivable by either the sense of smell or taste. Educational Institution: Any public or private college, school, professional school, scientific or technical institution, university or other institution furnishing a program of higher education. Employee: Any individual who performs services for an employer. Employer: Any individual, partnership, association, corporation, trust or other organized group of individuals that uses the services of one (1) or more employees. 4 N:\Health\Tobacco\Brewster Regulations\Final Adopted Tobacco Regulation July 2021.doc Electronic Nicotine Delivery System: An electronic device, whether for one-time use or reusable, that can be used to deliver nicotine or another substance to a person inhaling from the device including, but not limited to, electronic cigarettes, electronic cigars, electronic cigarillos, electronic pipes, vaping pens, hookah pens and other similar devices that rely on vaporization or aerosolization; provided, however, that "electronic nicotine delivery system" shall also include any noncombustible liquid or gel that is manufactured into a finished product for use in such electronic device; provided further, that "electronic nicotine delivery system" shall also include any component, part or accessory of a device used during the operation of the device even if the part or accessory was sold separately; provided further, that "electronic nicotine delivery system" shall not include a product that has been approved by the United States Food and Drug Administration for the sale of or use as a tobacco cessation product or for other medical purposes and is marketed and sold or prescribed exclusively for that approved purpose. Flavored Tobacco Product: Any tobacco product or component part thereof that contains a constituent that has or produces a characterizing flavor. A public statement, claim or indicia made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has or produces a characterizing flavor shall constitute presumptive evidence that the tobacco product is a Flavored Tobacco Product. Health Care Institution: An individual, partnership, association, corporation or trust or any person or group of persons that provides health care services and employs health care providers licensed, or subject to licensing, by the Massachusetts Department of Public Health under M.G.L. c. 112 or a retail establishment that provides pharmaceutical goods and services and is subject to the provisions of 247 CMR 6.00. Health care institutions include, but are not limited to, hospitals,clinics, health centers, pharmacies, drug stores, doctor offices, optician/optometrist offices and dentist offices. Liquid Nicotine Container: A package from which nicotine or other substance in a solution or other form is accessible through normal and foreseeable use by a consumer and that is used to hold a soluble nicotine or other substance in any concentration; provided however, that "liquid nicotine container" shall not include a sealed, prefilled and disposable container of nicotine or other substance in a solution or other form in which the container is inserted directly into an electronic cigarette, electronic nicotine delivery system or other similar product if the nicotine or other substance in the container is inaccessible through customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion or other contact by children. Listed or Non -Discounted Price: The higher of the price listed for a tobacco product on its package or the price listed on any related shelving, posting, advertising or display at the place where the tobacco product is sold or offered for sale plus all applicable taxes if such taxes are not included in the stated price, and before the application of any discounts or coupons. Non -Residential Roll -Your -Own (RYO) Machine: A mechanical device made available for use (including to an individual who produces cigars, cigarettes, smokeless tobacco, pipe tobacco, or roll -your -own tobacco solely for the individual's own personal consumption or use) that is capable of making cigarettes, cigars or other tobacco products. RYO machines located in private homes used for solely personal consumption are not Non - Residential RYO machines. Permit Holder: Any person engaged in the sale or distribution of tobacco products who applies for and receives a tobacco product sales permit or any person who is required to apply for a Tobacco Product Sales Permit pursuant to these regulations, or his or her business agent. 5 NAI-lealth\Tobacco\Brewster Regulations\Final Adopted Tobacco Regulation July 2021.doc Person: Any individual, firm, partnership, association, corporation, company or organization of any kind, including but not limited to, an owner, operator, manager, proprietor or person in charge of any establishment, business or retail store. Self -Service Display: Any display from which customers may select a tobacco product, as defined herein, without assistance from an employee or store personnel. Schools: Public or private elementary or secondary schools. Smoke Constituent: Any chemical or chemical compound in mainstream or sidestream tobacco smoke that either transfers from any component of the tobacco product to the smoke or that is formed by the combustion or heating of tobacco, additives or other component of the tobacco product. Smoking Bar: An establishment that: (i) exclusively occupies an enclosed indoor space and is primarily engaged in the retail sale of tobacco products for consumption by customers on the premises; (ii) derives revenue from the sale of food, alcohol or other beverages that is incidental to the sale of a tobacco product and prohibits entry to a person under 21 years of age; (iii) prohibits a food or beverage not sold directly by the establishment from being consumed on the premises; (iv) maintains a valid permit for the retail sale of a tobacco product as required to be issued by the Town of Brewster; and (v) maintains a valid permit issued by the department of revenue to operate as a smoking bar. "Smoking bar" shall include, but not be limited to, those establishments that are commonly known as "cigar bars", "hookah bars" and "vape bars". Tobacco Product Flavor Enhancer: Any product designed, manufactured, produced, marketed or sold to produce a characterizing flavor when added to any tobacco product. Tobacco Product: A product containing or made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, electronic cigarettes, electronic cigars, electronic pipes, electronic nicotine delivery systems or any other similar products that rely on vaporization or aerosolization regardless of nicotine content in the product; provided, however, that "tobacco product" shall also include any component, part or accessory of a tobacco product; and provided further, that "tobacco product" shall not include a product that has been approved by the United States Food and Drug Administration for the sale of or use as a tobacco cessation product or for other medical purposes and is marketed and sold or prescribed exclusively for the approved purpose.' Vending Machine: Any automated or mechanical self-service device, which upon insertion of money, tokens or any other form of payment, dispenses or makes cigarettes or any other tobacco products, as defined herein. D. Tobacco Sales to Persons Under Twenty -One (21) Years Old: 1. No person shall sell, offer for sale or provide a tobacco product to a person under twenty-one (21) years old. 2. Required Signage: a. All retail establishments, including smoking bars and adult -only retail tobacco stores, shall conspicuously post signage inside the establishment, in the form developed and made available by the Massachusetts Department of Public Health. Such signage shall include: (i) a copy of M.G.L. c. 270, §§ 6 and 6A; (ii) referral infouuation for smoking cessation resources; (iii) a statement that sale of tobacco products, including e -cigarettes, to someone younger than 21 years of age is prohibited; (iv) health warnings associated with using electronic nicotine delivery systems; and (v) except in the case of smoking bars, notice to consumers that the sale of flavored electronic nicotine systems are prohibited at 6 N:\Health\Tobacco\Brewster Regulations\Final Adopted Tobacco Regulation July 2021.doc all times. Such signage shall be posted conspicuously in the retail establishment or other place in such a manner so that it may be readily seen by a person standing at or approaching the cash register. The notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of less than four feet or greater than nine feet from the floor. b. All smoking bars and adult -only retail tobacco stores shall post signage, in the form developed and made available by the Massachusetts Department of Public Health, on the exterior of the door providing entrance to the tobacco retail store or smoking bar and such sign shall not be obstructed from view or placed at a height of less than four feet or greater than nine from the bottom of the door.. Such signage shall state that "No person younger than 21 years old is permitted on the premises at any time." c. All smoking bars and those adult -only retail tobacco stores that allow for onsite consumption of tobacco products shall post signage, in the form developed and made available by the Massachusetts Department of Public Health, on the exterior of the door providing entrance to the tobacco retail store or smoking bar and such sign shall not be obstructed from view or placed at a height of less than four feet or greater than nine from the bottom of the door. Such signage shall warn persons entering that smoking and vaping maybe present on the premises, and provide information concerning the health risks associated with second hand smoke and the use of tobacco products., including electronic nicotine delivery systems. 3. Identification: Each person selling, offering for sale or distributing tobacco products, or admitting entrance into a smoking bar or adult -only retail tobacco store, shall first verify the age of the purchaser by means of a valid government -issued photographic identification containing the bearer's date of birth that the purchaser is 21 or older. 4. All retail sales of tobacco products, as defined herein, must be face-to-face between the seller and the buyer and occur at the permitted location. E. Tobacco Product Sales Permit: 1. No person shall sell, offer for sale or otherwise distribute tobacco products, as defined herein, within the Town of Brewster without first obtaining a Tobacco Product Sales Permit issued annually by the Brewster Board of Health. Only owners of establishments with a permanent, non -mobile location in Brewster are eligible to apply for a permit and sell tobacco products, as defined herein, at the specified location in Brewster. 2. As part of the Tobacco Product Sales Permit application process, the applicant will be provided with the Brewster regulation. Each applicant is required to sign a statement.declaring that the applicant has read said regulation and that the applicant is responsible for instructing any and all employees who will be responsible for tobacco product sales regarding federal, state and local laws about the sale of tobacco and this regulation. 3. Each applicant who sells tobacco products is required to provide proof of current Tobacco Retailer Licenses issued by the Massachusetts Department of Revenue, when required by state law, before a Tobacco Product Sales Permit can be issued. Applicant may be asked to provide evidence that a legitimate business transfer or business purchase has taken place. 7 N:\Health\Tobacco\Brewster Regulations\Final Adopted Tobacco Regulation July 2021.doc 4. A separate permit, displayed conspicuously, is required for each retail establishment selling tobacco products, as defined herein. The fee shall be determined by the Brewster Board of Health annually. 5. Issuance of a Tobacco Product Sales Permit shall be conditioned on an applicant's consent to unannounced, periodic inspections of his/her retail establishment to ensure compliance with this regulation. 6. A Tobacco Product Sales Permit will not be renewed if the peiuiit holder has failed to pay all fines issued and the time period to appeal the fines has expired and/or the permit holder has not satisfied any outstanding permit suspensions. 7. A Tobacco Product Sales Permit will not be renewed if the permit holder has sold a tobacco product to a person under the age of 21 three times within the previous permit year and the time period to appeal has expired or appeal is pending. The violator may request a hearing in accordance with subsection 6 of the Violations section. 8. Maximum Number of Tobacco Product Sales Permits. a. At any given time, there shall be no more than 11 Tobacco Product Sales Permits issued in Brewster. No permit renewal will be denied based on the requirements of this subsection except any peiiiiit holder who has failed to renew his or her permit within thirty (30) days of expiration will be treated as a first-time permit applicant. New applicants for permits who are applying at a time when the maximum number of permits have been issued will be placed on a waiting list and will be eligible to apply for a permit on a "first -come, first -served" basis as issued permits are either not renewed, revoked, or are returned to the Board of Health. b. At any given time, of the allowed Permit number in subsection (a) above, there shall be no more than 1 Tobacco Product Sales Permits issued to Adult -Only Retail Tobacco Stores, per the definition, in Brewster. No permit renewal will be denied based on the requirements of this subsection except any permit holder who has failed to renew his or her permit within thirty (30) days of expiration will be treated as a first-time permit applicant. c. Any Tobacco Product Sales Permits that are surrendered, not renewed or revoked, will be returned to the Board of Health and will be made available to new applicants on a first -come, first serve basis, provided that any permits surrendered, not renewed or revoked at a time when there are more peiiirits than authorized by this section shall be permanently retired. d. Applicants who purchase or acquire an existing business that holds a valid Tobacco Product Sales Permit at the time of the sale or acquisition of said business must apply within sixty (60) days of such sale or acquisition for the peiniit held by the Current Permit Holder if the Applicant intends to sell tobacco products, as defined herein. Such applicant may choose to apply for a Tobacco Product Sales Permit for an Adult -Only Retail Tobacco Store if the Current Permit Holder possessed the same or if a Tobacco Product Sales Permit for an Adult -Only Retail Tobacco Store is available per subsection (b). 9. Setbacks a.. A Tobacco Product Sales Permit shall not be issued to any applicant for a new retail location within five hundred (500) feet of a public or private elementary or secondary school. b. No new adult -only retail tobacco stores shall be located within twenty-five (25) feet of a retailer with a tobacco product sales permit. 8 N:\Health\Tobacco\Brewster Regulations\Final Adopted Tobacco Regulation July 2021.doc c. For purposes of this section, distances shall be measured by a straight line from the nearest point of the property line of the applicant's proposed location to the nearest point of the property line of the other site. F. Prohibition of Smoking Bars: Smoking Bars are prohibited in the Town of Brewster. G. Cigar Sales Regulated: 1. No person shall sell or distribute or cause to be sold or distributed a single cigar unless such cigar is priced for retail sale at two dollars and fifty cents ($2.50) or more. 2. No person shall sell or distribute or cause to be sold or distributed any original factory -wrapped package of two or more cigars, unless such package is priced for retail sale at five dollars ($5.00) or more. 3. This Section shall not apply to a person or entity engaged in the business of selling or distributing cigars for commercial purposes to another person or entity engaged in the business of selling or distributing cigars for commercial purposes with the intent to sell or distribute outside the boundaries of Brewster. 4. The Brewster Board of Health may adjust from time to time the amounts specified in this Section to reflect changes in the applicable Consumer Price Index by amendment of this regulation. II. Sale of Flavored Tobacco Products Prohibited: No person shall possess, hold, keep, sell, offer for sale or distribute or cause tobe possessed, held, kept, sold or distributed any flavored tobacco product; as defined herein, or any flavored tobacco product enhancer, as defined herein per 105CMR 665.010 (E). Manufacturers shall provide documentation certifying those products. - sold by the retailer, that do not meet the definition of a flavored tobacco product flavor enhancer. I. Nicotine Content in Electronic Nicotine Delivery Systems: No person shall sell an electronic nicotine delivery system with nicotine content greater than 35 milligrams per milliliter; provided, however, that this subsection shall not apply to adult -only retail tobacco stores Per 105 CMR 665.010(C), manufacturers shall provide documentation indicating the nicotine content of each of their products sold by the retailer, expressed as milligrams per milliliter. J. Prohibition of the Sale of Flavored Blunt Wraps: No person or entity shall sell ordistribute flavored blunt wraps in Brewster. K. Free Distribution and Coupon Redemption: No person shall: 1. Distribute or cause to be distributed, any free samples of tobacco products, as defined herein; 2. Accept or redeem, offer to accept or redeem, or cause or hire any person to accept or redeem or offer to accept or redeem any coupon that provides any tobacco product, as defined herein, without charge or for • 9 N:\Health\Tobacco\Brewster Regulations\Final Adopted Tobacco Regulation July 2021.doc less than the listed or non -discounted price; or 3. Sell a tobacco product, as defmed herein, to consumers through any multi -pack discounts (e.g., "buy -two - get -one -free") or otherwise provide or distribute to consumers any tobacco product, as defined herein, without charge or for less than the listed or non -discounted price in exchange for the purchase of any other tobacco product. L. Out -of -Package Sales: 1. The sale or distribution of tobacco products, as defined herein, in any form other than an original factory - wrapped package is prohibited, including the repackaging or dispensing of any tobacco product, as defined herein, for retail sale. No person may sell or cause to be sold or distribute or cause to be distributed any cigarette package that contains fewer than twenty (20) cigarettes, including single cigarettes. 2. Permit holders who sell Liquid Nicotine Containers must comply with the provisions of 310 CMR 30.000, and must provide the Brewster Board of Health with a written plan for disposal of said product, including disposal plans for any breakage, spillage or expiration of the product. 3. All permit holders must comply with 940 CMR 21.05 which reads: "It shall be an unfair or deceptive act or practice for any person to sell or distribute nicotine in a liquid or gel substance in Massachusetts after March 15, 2016 unless the liquid or gel product is contained in a child -resistant package that, at a minimum, meets the standard for special packaging as set forth in 15 U.S. C.§§1471 through 1476 and 16 CFR §1700 et. Seq. )) 4. No permit holder shall refill a cartridge that is prefilled and sealed by the manufacturer and not intended to be opened by the consumer or retailer. M. Self -Service Displays: All self-service displays of tobacco products, as defined herein, are prohibited. All humidors including, but not 4 limited to, walk-in humidors must be locked. P7 - N. Vending Machines: All vending machines containing tobacco products, as defmed herein, are prohibited. O. Non -Residential Roll -Your -Own Machines: All Non -Residential Roll -Your -Own machines are prohibited. P. Prohibition of the Sale of Tobacco Products by Health Care Institutions: No health care institution located in Brewster shall sell or cause to be sold tobacco products, as defined herein. No retail establishment that operates or has a health care institution within it, such as a pharmacy, optician/optometrist or drug store, shall sell or cause to be sold tobacco products, as defined herein. 10 N:\Health\Tobacco\Brewster Regulations\Final Adopted Tobacco Regulation July 2021.doc Q. Prohibition of the Sale of Tobacco Products by Educational Institutions: No educational institution located in Brewster shall sell or cause to be sold tobacco products, as defined herein. This includes all educational institutions as well as any retail establishments that operate on the property of an educational institution. R. Incorporation of Other Laws and State Regulations: The possession, sale and distribution of tobacco products as defined and regulated herein, shall comply with all applicable federal, state and local laws, including but not limited to the following: 1. The sale or distribution of tobacco products, as defined herein, must comply with those provisions found at M.G.L. Ch. 270, §§6, 6A, 7, 28, 29 and M.G.L. Ch. 112, §61A. 2. The sale or distribution of tobacco products, as defined defined herein, must comply with those provisions found at 940 CMR 21.00 ("Sale and Distribution of Cigarettes, Smokeless Tobacco Products, and Electronic Smoking Devices in Massachusetts") and 940 CMR 22.00 ("Sale and Distribution of Cigars in Massachusetts"), and 105 CMR 665.00 ("Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery Systems"). In the event of a conflict between this regulation and any other applicable law, the more stringent requirement will apply. S. Enforcement : 1. It shall be the responsibility of the establishment, permit holder and/or his or her business agent, and not their employees, to ensure compliance with all sections of this regulation. 2. Whoever violates any provision of this Regulation may be penalized by indictment or on complaint brought in a court of competent jurisdiction. Except as may be otherwise provided by law and as the court may see fit to impose, for violations of the sections of this regulation that incorporate state laws and state regulations, the following penalties apply: a. In the case of a first violation, a fine of one thousand dollars ($1000.00). b. In the case of a second violation within thirty-six (36) months of the date of the current violation, a fine of two thousand dollars ($2000.00) shall be issued and the Tobacco Product Sales Permit shall be suspended for seven (7) consecutive business days. c. In the case of three or more violations within a thirty-six (36) -month period, a fine of five thousand dollars ($5000.00) shall be issued and the Tobacco Product Sales Permit shall be suspended for thirty (30) consecutive business days. 3. For violations of all. other sections specific to the Town of Brewster, the violator shall receive: a. In the case of a first violation, a fine of one hundred dollars ($100.00). 11 N:\Health\Tobacco\Brewster Regulations\Final Adopted Tobacco Regulation July 2021.doc b. In the case of a second violation within thirty-six (36) months of the date of the current violation, a fine of two hundred dollars ($200.00) and the Tobacco Product Sales Permit shall be suspended for seven (7) consecutive business days. c. In the case of three or more violations within a thirty-six (36) -month period, a fine of three hundred dollars ($300.00) and the Tobacco Product Sales Permit shall be suspended for thirty (30) consecutive business days. d. The sections specific to the Town of Brewster include: 1. The maximum number of tobacco sales permits allowed in Brewster (§E.9); 2. No new retailers near schools (§E.9); Q (nu) 3. The prohibition of smoking bars (§F); 4. Minimum pricing on the sale. of cigars (§G); �" 5. The prohibition ofthe sale of flavored blunt wraps (§J); 6. The prohibition of self-service displays (§M); 7. The prohibition of vending machines (§N); 8. The prohibition of non-residential roll -your -own machines (§O); 9. The prohibition of the sale of tobacco products in health care institutions (§P); and 10. The prohibition of the sale of tobacco products in educational institutions (§Q) e. Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense. 4. The Board of Health may refuse to renew, modify, suspend or revoke any permit issued pursuant to this Regulation for any violation of this Regulation, or any other applicable General Law, regulation or by-law relative to the control of tobacco. The Board shall follow the following guidelines when considering disciplinary action: • First Offense: Written Warning • Second Offense: Permit Suspension of up to seven (7) days • Third Offense: Permit Suspension for up to thirty (30) days • Fourth or subsequent Offense: Permit revocation • Failure to Cooperate with Inspection: Permit Suspension for up to thirty (30) days • Distribution of Tobacco Products During Suspension: Additional Suspension of up to thirty (30) days Only offenses which have occurred within the thirty-six (36) months preceding the date of violation shall be used in calculating the number of offenses for purposes of the penalty guidelines. 5. The Board of Health may enforce these Regulations or enjoin violations thereof through any lawful process, and the election of one remedy by the Board of Health shall not preclude enforcement through any other lawful means. 6. The Brewster Board of Health shall provide notice of the intent to suspend or revoke a Tobacco Product Sales Permit, which notice shall contain the reasons therefor and establish a time and date for a hearing which date shall be no earlier than seven (7) days after the date of said notice. The permit holder or its business agent shall have an opportunity to be heard at such hearing and shall be notified of the Board of 12 N:\Health\Tobacco\Brewster Regulations\Final Adopted Tobacco Regulation July 2021.doc Health's decision and the reasons therefor in writing. After a hearing, the Brewster Board of Health shall suspend or revoke the Tobacco Product Sales Permit if the Board of Health finds that a violation of this regulation occurred. All tobacco products, as defined herein,shall be removed from the retail establishment upon suspension or revocationof the Tobacco Product Sales Permit. Failure to remove all tobacco products, as defined herein, shall constitute a separate violation of this regulation. T. Non -Criminal Disposition: Whoever violates any provision of this regulation may be penalized by the non -criminal method of disposition as provided in Massachusetts General Laws, Chapter 40, Section 21D. If noncriminal disposition is elected, then the non -criminal fine for each such violation shall be: First Offense: one hundred dollars ($100); Second Offense: two hundred dollars ($200); Third and Subsequent Offense: three hundred dollars ($300). U. Separate Violations: Each day any violation exists shall be deemed to be a separate offense. V. Enforcement: Enforcement of this regulation shall be by the Brewster Board of Health or its designated agent(s). Any resident who desires to register a complaint pursuant to the regulation may do so by contacting the Brewster Board of Health or its designated agent(s) and the Board shall investigate. W. Severability: If any provision of this regulation is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect. X. Effective Date: This regulation shall take effect on September 15, 2021. 0' erwv44 on* Board of Health V 13 N:\Health\Tobacco\Brewster Regulations\Final Adopted Tobacco Regulation July 2021.doc 105 CMR: DEPARTMENT OF PUBLIC HEALTH 105 CMR 665.000: MINIMUM STANDARDS FOR RETAIL SALE OF TOBACCO AND ELECTRONIC NICOTINE DELIVERY SYSTEMS Section 665.005: Definitions 665.010: Sale of Tobacco Products and Electronic Nicotine Delivery Systems 665.013: Permitting Requirements 665.015: Required Signage 665.017: Advertising 665.020: Identification Requirements 665.025: Prohibition on Coupons and Other Discounts 665.030: Out -of -package Sales 665.035: Liquid Nicotine Containers 665.040: Requirements for Retail Establishments 665.045: Violations 665.050: Order to Cease and Desist 665.055: Enforcement 665.057: Preemption 665.060: Severability 665.005: Definitions Board of Health means the appropriate and legally designated health authority of the city, town, or other legally constituted governmental unit within the Commonwealth having the usual powers and duties of the board of health of a city or town. Business Agent means an individual who has been designated by the owner or operator of any tobacco retail store or smoking bar to be the manager or otherwise in charge of said establishment. Characterizing Flavor means a distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted or detectable before or during consumption of a tobacco product, including, but not limited to, a taste or aroma relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice; provided, however, that no tobacco product shall be determined to have a characterizing flavor solely because of the provision of ingredient information or the use of additives or flavorings that do not contribute to the distinguishable taste or aroma of the product. Child -resistant Packaging means packaging intended to reduce the risk of a child ingesting nicotine and that meets the minimum standards of 16 C.F.R. 1700 et seq., pursuant to 15 U.S.C. 1471 through 1476. Coupon means any card, paper, note, form, statement, ticket or other communication distributed for commercial or promotional purposes to be later surrendered by the bearer so as to receive an article, service or accommodation without charge or at a discount price. Department means the Massachusetts Department of Public Health. Distinguishable means perceivable by either the sense of smell or taste. Electronic Nicotine Delivery System means an electronic device, whether for one-time use or reusable, that can be used to deliver nicotine or another substance to a person inhaling from the device including, but not limited to, electronic cigarettes, electronic cigars, electronic cigarillos, electronic pipes, vaping pens, hookah pens and other similar devices that rely on vaporization or aerosolization; provided, however, that "electronic nicotine delivery system" shall also include any noncombustible liquid or gel that is manufactured into a finished product for use in such electronic device; provided further, that "electronic nicotine delivery system" shall also include any component, part, or accessory of a device used during the operation of the device even if the part or accessory was sold separately; provided further, that "electronic nicotine delivery system" shall not include a product that has been approved by the United States Food and Drug Administration for the sale of or use as a tobacco cessation product or for other medical purposes and is marketed and sold or prescribed exclusively for that approved 105 CMR: DEPARTMENT OF PUBLIC HEALTH purpose. Flavored Tobacco Product means any tobacco product, or component part thereof that contains a constituent that has or produces a characterizing flavor. A public statement, claim or indicia made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has or produces a characterizing flavor shall constitute presumptive evidence that the tobacco product is a Flavored Tobacco Product. Liquid Nicotine Container means a package: (1) from which nicotine or other substance in a solution or other form is accessible through nonnal and foreseeable use by a consumer; and (2) that is used to hold soluble nicotine or other substance in any concentration; provided however, that "liquid nicotine container" shall not include a sealed, prefilled and disposable container of nicotine or other substance in a solution or other form in which the container is inserted directly into an electronic cigarette, electronic nicotine delivery system or other similar product if the nicotine or other substance in the container is inaccessible through customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion or other contact by children. Listed or Non -discounted Price means the higher of the price listed for a tobacco product on its package or the price listed on any related shelving, posting, advertising or display at the place where the tobacco product is sold or offered for sale plus all applicable taxes if such taxes are not included in the state price, and before the application of any discounts or coupons. Person means any individual, firm, fiduciary, partnership, corporation, trust or association, however formed, or a club, trustee, agency or receiver. Retail Establishment means a physical place of business or a section of a physical place of business in which a tobacco product is offered for sale to consumers. Retailer means a person that operates a retail establishment. Retail Tobacco Store means an establishment which is not required to possess a retail food permit whose primary purpose is to sell or offer for sale to consumers, but not for resale, tobacco products and paraphernalia, in which the sale of other products is merely incidental, and in which the entry of persons younger than 21 years of age is prohibited at all times, and maintains a valid permit for the retail sale of tobacco products as required to be issued by the appropriate authority in the city, town, or other legally constituted governmental unit within the Commonwealth where the establishment is located. Smoking Bar means an establishment that: (1) exclusively occupies an enclosed indoor space and is primarily engaged in the retail sale of tobacco products for consumption by customers on the premises only; (2) derives revenue from the sale of food, alcohol or other beverages that is incidental to the sale of a tobacco product and prohibits entry to a person younger than 21 years of age; (3) prohibits a food or beverage not sold directly by the establishment from being consumed on the premises; (4) maintains a valid permit for the retail sale of a tobacco product as required to be issued by the appropriate authority in the city, town, or other legally constituted governmental unit within the Commonwealth in which the establishment is located; and (5) maintains a valid permit issued by the department of revenue to operate as a smoking bar. Tobacco Product means a product containing, made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, electronic cigarettes, electronic cigars, electronic pipes, electronic nicotine delivery systems or any other similar products that rely on vaporization or aerosolization regardless of nicotine content in the product; provided, however, that "tobacco product" shall also include any component, part or accessory of a tobacco product; and provided further, that "tobacco product" shall not include a product that has been approved by the United States Food and Drug Administration for the sale of or use as a tobacco 105 CMR: DEPARTMENT OF PUBLIC HEALTH cessation product and is marketed and sold exclusively for the approved purpose. Tobacco Product Flavor Enhancer means any product designed, manufactured, produced, marketed, or sold to produce a characterizing flavor when added to any tobacco product. 665.010: Sale of Tobacco Products and Electronic Nicotine Delivery Systems (A) No person shall sell or provide a tobacco product to any individual younger than 21 years of age, as verified by said person's valid government -issued photographic identification. (B) Retail establishments other than retail tobacco stores or smoking bars shall not place any tobacco product on the counter, but shall place all tobacco products for sale behind the counter where retail sales are made in the establishment and out of the reach of consumers. (C) No person shall sell an electronic nicotine delivery system with nicotine content greater than 35 milligrams per milliliter outside of a retail tobacco store or smoking bar. Retail establishments, including retail tobacco stores or smoking bars, may sell or provide unflavored electronic nicotine delivery systems with nicotine content less than or equal to 35 milligrams per milliliter. Prior to the sale of such a product in a retail establishment other than a retail tobacco store or smoking bar, such retail establishment shall obtain documentation from the product's manufacturer or the manufacturer's agent in a form and manner specified by the Department indicating, at minimum, the nicotine content expressed as milligrams per milliliter for each electronic nicotine delivery system to be sold in the retail establishment. A retail establishment may obtain such documentation through a distributor, provided the distributor obtained such documentation from the product manufacturer or the manufacturer's agent. The owner, retailer, or other person in charge of the retail establishment must maintain record of the nicotine content submitted by the manufacturer for each electronic nicotine delivery system sold or offered for sale within the retail establishment, and provide such records upon request of any authorized enforcement agent, including Boards of Health or their agents and the Department or its agents. (D) No person shall sell, distribute, cause to be sold or distributed, or offer for sale to a consumer located in the Commonwealth a flavored tobacco product or tobacco product flavor enhancer, except for a smoking bar for on -site consumption only in accordance with federal law and regulations. (E) Prior to the sale of a tobacco product, a retail establishment other than a smoking bar shall obtain documentation from the product's manufacturer or the manufacturer's agent in a form and manner specified by the Department certifying such tobacco product does not meet the definition of a flavored tobacco product or tobacco product flavor enhancer, and that the product lacks any characterizing flavor. A retail establishment may obtain such documentation through a distributor, provided the distributor obtained such documentation from the product manufacturer or the manufacturer's agent. The owner, retailer, or other person in charge of the retail establishment must maintain record of the certification documentation submitted by the manufacturer for each tobacco product sold or offered for sale within the retail establishment, and provide such records upon request of any authorized enforcement agent, including Boards of Health or their agents and the Department or its agents. (F) No person shall sell online, distribute online, or cause to be sold or distributed online to any consumer located in the Commonwealth, an electronic nicotine delivery system, except for a non -flavored electronic nicotine delivery system with nicotine content less than or equal to 35 milligrams per milliliter. 665.013: Permitting Requirements (A) All retail tobacco stores and smoking bars shall obtain prior to operation and shall maintain during any period of operation a municipal permit allowing the sale or distribution of tobacco products. (B) Retail tobacco stores and smoking bars in operation prior to December 11, 2019, and compliant with all then existing permitting requirements in the municipality in which they operate shall not be subject to 105 CMR 665.013(A), unless the municipality in which they 105 CMR: DEPARTMENT OF PUBLIC HEALTH operate later imposes a municipal permitting requirement applicable to such establishments. 665.015: Required Signage (A) All retail establishments, including smoking bars and retail tobacco stores, shall conspicuously post signage, in the form developed and made available by the Department. Such signage shall include: (1) a copy of M.G.L. c. 270, §§ 6 and 6A; (2) referral information for smoking cessation resources; (3) a statement that sale of tobacco products, including e -cigarettes, to someone younger than 21 years old is prohibited; (4) health warnings associated with using electronic nicotine delivery systems; and (5) except in the case of smoking bars, notice to consumers that the sale of flavored tobacco products are prohibited at all times. Such signage shall be posted conspicuously in the retail establishment or other place in such a manner so that it may be readily seen by a person standing at or approaching the cash register. The notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of less than four feet or greater than nine feet from the floor. (B) In addition to the signage required by 105 CMR 665.015(A), smoking bars and retail tobacco stores shall post signage, in the form developed and made available by the Department, on the exterior of the door providing entrance to the tobacco retail store or smoking bar and such sign shall not be obstructed from view or placed at a height of less than four feet or greater than nine from the bottom of the door. Such signage shall state that "No person younger than 21 years old is permitted on the premises at any time." (C) In addition to the signage required by 105 CMR 665.015(A) and (B), all smoking bars and those retail tobacco stores that allow for on -site consumption of tobacco products shall post signage, in the form developed and made available by the Department, on the exterior of the door providing entrance to the tobacco retail store or smoking bar and such sign shall not be obstructed from view or placed at a height of less than four feet or greater than nine from the bottom of the door. Such signage shall warn persons entering that smoking and vaping may be present on the premises, and provide information concerning the health risks associated with second hand smoke and the use of tobacco products, including electronic nicotine delivery systems. (D) The owner, retailer, or other person in charge of a retail establishment shall conspicuously post any additional signs required by the Department in a form and manner as required by the Department. (E) Any person who violates 105 CMR 665.015 shall be subject to the provisions of 105 CMR 665.045; provided that any retail establishment who violates 105 CMR 665.015(A)(1) or 105 CMR 665.015(A)(2) shall additionally be subject to a fine of not more than $50. Any person found to have unlawfully removed a copy of the postings required by 105 CMR 665.015(A)(1) or 105 CMR 665.015(A)(2) shall be punished by a fine of $10.00. 665.017: Advertising No person or retail establishment shall: (A) Market or advertise the proposed sale or distribution of any tobacco product prohibited for sale or distribution within the retail establishment or by such person; (B) Use fraudulent or misleading statements in advertisements for tobacco products, including the use of any safety or efficacy claims that have not been approved by the United States Food and Drug Administration; or (C) Use or display tobacco product advertisements that depict celebrities, mascots, sponsorships, cartoons, or any other similar endorsements. 665.020: Identification Requirements (A) Unless otherwise specified in 105 CMR 665.000, each person selling or providing tobacco products shall verify the age of the purchaser by means of a valid government -issued 105 CMR: DEPARTMENT OF PUBLIC HEALTH photographic identification containing the bearer's date of birth that the purchaser is at least 21 years of age or older, as verified by said person's proof of identification. (B) In addition to the requirements of 105 CMR 665.020(A), an employee of a retail tobacco store or smoking bar must inspect the individual's valid government -issued photographic identification and determine the individual's age prior to said individual entering said tobacco retail store or smoking bar. An individual shall not be admitted to the tobacco retail store or smoking bar unless the employee has verified that the individual is 21 years of age or older, as verified by said person's proof of identification. (C) Mail-order or internet sales shall require verification that the purchaser is 21 years of age or older. Verification of age through the mail or internet shall consist of, at a minimum: (1) verification that the purchaser is 21 years of age or older through a commercially available database, or aggregate of databases, that is regularly used by government and business for the purpose of age and identity verification; and (2) use of a method of mailing, shipping, or delivery that requires signature of a person who is 21 years of age or older before the shipping package is released. (3) Any information required to complete the age verification process must be requested on a form separate from that used to collect payment information, shall not include personal information as defined by M.G.L. c. 93H, and shall not be used for any purposes other than age verification. 665.025: Prohibition on Coupons and Other Discounts No person shall accept or redeem, offer to accept or redeem, or cause or hire any person to accept or redeem or offer to accept or redeem any coupon that provides any tobacco product without charge or for less than the listed or non -discounted price. No retail establishment that is not a retail tobacco store or smoking bar, or any other establishment shall distribute or cause to be distributed a free sample of a tobacco product. 665.030: Out -of -package Sales (A) The sale of tobacco products, as defined in 105 CMR 665.000, in any form other than an original factory wrapped package is prohibited, including the repackaging or dispensing of any tobacco product for retail sale. (B) No person shall refill a cartridge that is prefilled and sealed by the manufacturer and not intended to be opened by the consumer or retailer. 665.035: Liquid Nicotine Container Packaging No person shall knowingly sell or provide: (A) A liquid or gel substance containing nicotine, unless the substance is contained in child- resistant packaging; or (B) A liquid nicotine container unless the container includes child -resistant packaging as part of its design. 665.040: Requirements for Retail Establishments A retail establishment operating on or after December 11, 2019 must meet the following requirements: (A) Only establishments with a permanent, non -mobile location are eligible to operate. (B) Operation of a retail establishment shall be conditioned on the retailer's or retail establishment owner's consent to unannounced, periodic inspections of his or her retail establishment and tobacco products to ensure compliance with 105 CMR 665.000 and any applicable local regulations, orders, or ordinances. (C) A retail establishment shall be prohibited from selling tobacco products if the retailer or owner of the retail establishment has failed to pay all fines issued and the time period to appeal 105 CMR: DEPARTMENT OF PUBLIC HEALTH the fines has expired and/or the retail establishment has not satisfied any outstanding orders issued pursuant to 105 CMR 665.000, (D) Sale of a tobacco product by a retail establishment to a person younger than 21 years old shall result in the retail establishment being prohibited from selling tobacco products for up to 30 consecutive business days, or for a longer term as enacted, adopted, or promulgated in a rule, regulation or other measure by the appropriate and legally designated health authority of the city, town, or other legally constituted governmental unit within the Commonwealth. 665.045: Violations Unless otherwise specified or provided for in 105 CMR 665.000, violations of 105 CMR 665.000 shall be assessed as follows: (A) It shall be the responsibility of any person to ensure compliance with 105 CMR 665.000. If an inspection pursuant to 105 CMR 665.000 reveals a retail establishment, retailer, and/or his or her business agent does not comply with the provisions of 105 CMR 665.000, the retail establishment shall be ordered to comply with the violated provision of 105 CMR 665.000. In addition to the correction order, the following fines and actions apply against any person who violates 105 CMR 665.000, provided, however, that such fines and actions related to any violation within a retail establishment shall apply against the retailer and/or his or her business agent and not an employee thereof: (1) In the case of a first violation, a fine of $1,000 shall be imposed. (2) In the case of a second violation within a period of 36 months from the first violation, a fine of $2,000 shall be imposed; and a prohibition on the sale of tobacco products may be imposed for at least one day and up to seven consecutive business days, or for a longer term as enacted, adopted, or promulgated in a rule, regulation or other measure by the appropriate and legally designated health authority of the city, town, or other legally constituted governmental unit within the Commonwealth. (3) In the case of a third violation within a period of 36 months from the first violation or additional violations during that time period, a fine of $5,000 shall be imposed; and a prohibition on the sale of tobacco products may be imposed for at least seven consecutive business days and up to 30 consecutive business days, or for a longer term as enacted, adopted, or promulgated in a rule, regulation or other measure by the appropriate and legally designated health authority of the city, town, or other legally constituted governmental unit within the Commonwealth. (B) Failure to cooperate with inspections pursuant to this regulation shall result in the prohibition on the sale of tobacco products for up to 30 consecutive business days, or for a longer term as enacted, adopted, or promulgated in a rule, regulation or other measure by the appropriate and legally designated health authority of the city, town, or other legally constituted governmental unit within the Commonwealth. (C) Failure to pay a fine imposed pursuant to 105 CMR 665.000 shall constitute a separate violation of 105 CMR 665.000 subject to the penalties set forth at 105 CMR 665.045(A). (D) Consistent with 105 CMR 665.055, a retail establishment shall be provided notice of the intent to prohibit the sale of tobacco products at or by the retail establishment. The notice shall contain the reasons therefor and establish a time and date for a hearing. The retail establishment, retailer, or his or her business agent shall have an opportunity to be heard at such hearing and shall be notified of the decision regarding the retail establishment's prohibition from selling tobacco products and the reasons therefor in writing. After a hearing, the retail establishment may be prohibited from selling tobacco products upon a finding that a violation of 105 CMR 665.000 for which such prohibition is applicable occurred. All tobacco products shall be removed from the retail establishment upon an indefinite suspension from operating as a retail establishment. Failure to remove all tobacco products shall constitute a separate violation of 105 CMR 665.000. (E) Separate Violations. Each day any violation of 105 CMR 665.000 exists shall be deemed to be a separate offense. 105 CMR: DEPARTMENT OF PUBLIC HEALTH 665.050: Order to Cease and Desist (A) An Order to Cease and Desist may be issued by the Department or Board of Health to a person or a business agent of a retail establishment upon the regulatory authority's reasonable belief that: (1) A person is conducting sales of tobacco products in violation of the law, regulations, and/or standards applicable to it; (2) A person refuses access to the premises and/or records to authorized enforcement agents; (3) A person or retail establishment is operating in a manner that may pose an imminent danger to the public health; (4) A retail establishment has failed to comply with a correction order within the time specified; or (5) A retail establishment is operating in a manner that is unsafe or otherwise below the accepted standards for the type of operation and summary closure is authorized by statute on these grounds. (B) Service of Orders to Cease and Desist shall be on the person or retail establishment or business agent of the retail establishment by: (1) Personal delivery by an agent of the regulatory agency; (2) Posting in a conspicuous place at the retail establishment; (3) Simultaneously mailing, by first class and certified mail return receipt requested; or (4) By any officer of the Commonwealth authorized to make service. Notice is deemed to be served if the person or retail establishment or business agent of the retail establishment has actual notice of the Order to Cease and Desist. 665.055: Enforcement (A) No provision of 105 CMR 665.055 shall be construed as a limitation on the emergency powers of the Department of Public Health of the Commonwealth or its Commissioner. (B) Local Enforcement. (1) General Procedures. Unless otherwise expressly provided in any general law to the contrary, each board of health may enforce 105 CMR 665.000, or otherwise at law or in equity in the same manner that local rules and regulations are enforced. (2) Emergency Procedures. Whenever an emergency related to tobacco products exists in which the interest of protecting the public health requires that ordinary procedures be dispensed with, the board of health or its authorized agent, acting in accordance with the provisions of M.G.L. c. 111, § 30, may, without notice or hearing, issue an order reciting the existence of the emergency and requiring that such action be taken as the board of health deems necessary to meet the emergency. Any person to whom such order is directed shall comply therewith within the time specified in the order, provided, however, that such fines and actions related to any violation within a retail establishment shall apply against the retailer and/or his or her business agent and not an employee thereof. Each day's failure to comply with the order shall constitute a separate offense. Upon compliance with the order and within seven days after the day the order has been served, he or she may file a written petition in the office of the board of health requesting a hearing. He or she shall be granted a hearing as soon as possible, but not later than ten days after the filing of the petition. The procedures for such hearing shall otherwise conform with the hearing requirements which would have existed had the order been issued under non -emergency circumstances. (C) Complaints. Any person who desires to register a complaint pursuant to 105 CMR 665.000 may do so by contacting the Board of Health or its designated agent(s) in the city, town, or other legally constituted governmental unit within the Commonwealth where the retail establishment is located. (D) State Enforcement. (1) Whenever any Board of Health has failed after a reasonable length of time to enforce 105 CMR 665.000 the Commissioner of Public Health of the Commonwealth or his or her designated representative may act for the Commonwealth in any way that the local board of health is authorized to act to effect compliance. (2) Upon the determination by the federal Food and Drug Administration or the federal 105 CMR: DEPARTMENT OF PUBLIC HEALTH Centers for Disease Control and Prevention or other regulatory authority that an electronic nicotine delivery system has been shown by substantial epidemiologic, laboratory, or other evidence to be the cause of an imminent danger to public health, the Commissioner of Public Health may place a ban or restriction on the sale of such electronic nicotine delivery system. (E) Service of Orders. (1) Unless otherwise stated in 105 CMR 665.000, orders issued under the provisions of 105 CMR 665.000 shall be served on all persons responsible for the violation, provided, however, that such fines and actions related to any violation within a retail establishment shall apply against the retailer and/or his or her business agent and not an employee thereof. (2) These orders shall be served in the following manner: (a) personally, by any person authorized to serve civil process; (b) by any person authorized to serve civil process by leaving a copy of the order at his or her last and usual place of abode; (c) by sending him a copy of the order by registered or certified mail, return receipt requested, if he is within the Commonwealth; or (d) if his or her last and usual place of abode is unknown or outside the Commonwealth, 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 wherein the building or premises affected is situated. (F) Hearings. (1) Procedure for Requesting and Holding Hearing. Unless otherwise specified in 105 CMR 665.055(F), the person or persons to whom any order has been served pursuant to any section of 105 CMR 665.000 may request a hearing before the Board of Health or the Department, as applicable, by filing with the Board of Health or the Department, as applicable, within seven days after the day the order was served, a written petition requesting a hearing on the matter. Upon receipt of such petition, the Board of Health or the Department, as applicable, shall set a time and place for such hearing and shall inform the petitioner thereof in writing. The hearing shall be commenced not later than 30 days after the day on which the order was served. The Board of Health or the Department, as applicable, upon application of the petitioner, may postpone the date of hearing for a reasonable time beyond such 30 -day period if in the judgment of the Board of Health or the Department, as applicable, the petitioner has submitted a good and sufficient reason for such postponement. (2) Hearing of Petitioner. At the hearing the petitioner shall be given an opportunity to be heard and to show why the order should be modified or withdrawn. (3) Procedure by the Board after Hearing. After the hearing the Board of Health or the Department, as applicable, shall sustain, modify, or withdraw the order and shall inform the petitioner in writing of its decision. If the Board of Health or the Department, as applicable, sustains or modifies the order, it shall be carried out within the time period allotted in the original order or in the modification. (4) Public Record. Every notice, order, or other record prepared by the Board of Health or the Department, as applicable, connection with the hearing shall be entered as a matter of public record in the office of the clerk of the city, town, other legally constituted governmental unit within the Commonwealth, or in the office of the Board of Health or the Department, as applicable. (5) Hearing Petition not Submitted or Sustaining of Order. If a written petition for a hearing is not filed with the board of health within seven days after the day an order has been served or if after a hearing the order has been sustained in any part, each day's failure to comply with the order as issued or modified shall constitute an additional offense. (G) Judicial Appeals. Any person aggrieved by the final decision of the Board of Health or the Department, as applicable, with respect to any order or other action taken with respect to 105 CMR 665.000 may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this Commonwealth. 665.057: Preemption The provisions of 105 CMR 665.000 shall not limit the right of an appropriate authority in a city or town to adopt rules and regulations as may be necessary; provided, however, that 105 CMR: DEPARTMENT OF PUBLIC HEALTH such a rule or regulation shall not conflict with regulations promulgated by the department or state or federal law. 665.060: Severability If any provision of 105 CMR 665.000 is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect. REGULATORY AUTHORITY 105 CMR 665.000: St. 2018, c. 157, §§ 17 through 19; M.G.L. c. 1 11, § 239; and M.G.L. c. 270, §§ 6, 7, and 27 through 29. Abigail Rhoads 6 Seamans Lane Brewster, MA 02631 September 20, 2022 To the Brewster Board of Health: I am seeking a barn permit to house two miniature donkeys on my adjacent property at 0 Seamans Lane, Brewster. My residence is at 6 Seamans Lane. I am asking for variance on the following setbacks: a. Barn to abutter at 26 Seamans Lane property line: proposed 40', variance request: 10' b. Barn to abuter at 26 Seamans Lane dwelling: proposed 55', variance request 45' c. Barn to owner at 6 Seamans Lane well: proposed 89', variance request 11' d. Enclosure to owner at 6 Seamans Lane well: proposed 40', variance request 60' Due to setbacks, including abutters wells, the 100' conservation buffer and awareness of runoff and drainage, there is no place else for the barn to be in compliance on this property. I have made suggestions for mitigation with my abutter in my application. This application is submitted in accordance with the Brewster Regulations for Animals. Sincerely, Abigail Rhoads Abigail Rhoads 6 Seamans Lane Brewster, MA 02631 774-313-7052 "Miniature donkeys possess the affectionate nature of a Newfoundland, the durability of a mule, the courage of a tiger, and the intellectual capacity only slightly inferior to man's." Robert Green, America's first breeder of miniature donkeys. Miles Zephyr RECEIVED SEP 20 2022 I BREWSTER HEALTH DEPARTMENT Contained muck bucket Rubber lined palette for bucket storage Manure Management Plan: • Following the recommendations of George Heufelder, materials which make up the stall floor include: Rubber matting, sand, pea -stone blocking, impervious liner and a drain leading to a plastic container. (See sketch in attached email below.) • The stalls are mucked out a minimum of one time daily, usually two times daily. • The manure is stored off the ground on pallets in sealed rubber muck buckets. The buckets are completely sealed from rain and other weather so there is no contact between the stored waste and the ground. • The muck buckets are picked up once a week and taken off the property to the farm at 39 Black Duck Cartway, Brewster. • The paddock is mucked a minimum of one time daily, usually twice a day. • The manure is removed a minimum of one time a week. • Shower drain Peastoneblo&XIng (2-) san 2" PVC pipe So in Oni oaten, moo woo.... no ooefoloGo Of Wont,. Venon On OGG, woil Boot of no• Sketch of barn floor plan Barn and Land Management: • The barn is intentionally situated at the highest point on the property. The intention is to allow the greatest distance between the barn and any runoff areas. As seen in the diagram given under the link "Drainage Maps," the groundwater flow from the barn is away from my abutter's wells in a south by south-easterly direction. The "Elevation Map" shows that the highest contours of the property are in the location of the barn. • I have placed approximately 4-5" of wood chips (see picture) at the low point of the property furthest from the barn and in between the paddock and the street. This buffer provides another runoff barrier. I am also planting native plants along the perimeter of the paddock to offer shade, natural grazing for the animals and further root stability for drainage. • The paddock itself has trees and many roots which not only provide protection from the elements for the donkeys, but also offer another level of drainage control. • Any manure and urea from the miniature donkeys which has surface contact in the paddock is mitigated from seeping beyond groundlevel due to: a) the uptake by the vegetation in the paddock and b) evapotranspiration of the urine. (See notes on miniature donkeys - they are desert animals. The average ounces of urine/day for a miniature donkey is equal or less to that of a large dog.) • Due to the setbacks and placement of the lot, there is no other place for the barn to go for greater compliance. Wells, wetland buffers and abutting properties all restrict the placement of the barn and fencing. • As mentioned above, the barn flooring consists of rubber matting, sand, gravel and an impervious liner. The donkeys are put in the barn at night. This means that on average, they are inside for 10-12 hours a day where their waste is collected prior to any ground level contact. • I purchased the lot at 0 Seamans Lane in 2018 with the intention of saving the lot from development. I have no intention to ask for variance for a septic system, which would be greatly more disruptive to the natural environment of the pond than two miniature donkeys. • I am willing, with my abutter's approval, to have her well tested, at my cost, for a baseline water quality through the Barnstable County Department of Health. This test can be repeated after a year's time as well. Secure shed where the hay and feed will be stored. o. Wood chips to assist in runoff control Sloped and wooded paddock Setback measurements map PERMITTING : Prior to building the fence and shelter, I contacted both the town Conservation Department and the Building Department. I was very transparent about my intention to house two mini donkeys on my property. I was told that if I was putting the structures outside of the 100' wetland barrier that any work I was doing was "outside of the jurisdiction of conservation." The Building Department was fully aware that I was getting the permits to house donkeys. They saw pictures of the animals and asked me to send more once they arrived. My efforts to obtain permits were all done in good faith, and I followed the instruction I was given from the town. I was not aware of the additional requirements of the Board of Health until I received the application from Amy Von Hone after the fence and shelter had been built. Miniature Donkeys at 0 Seamans Lane The two miniature donkeys who will be at 0 Seamans Lane both have mothers who were rescued when pregnant from a killhouse and meat auction by the non-profit organization, Peace for All Animals, which is located in Wareham, MA. https://www.peaceforallanimalsrescue.org/ Zephyr, the donkey pictured at the top, was born at the rescue on July 11th, 2022. He and his mother, Pearl, have been cared for under the expertise of rescue owner Kendra Bond. I have been with Zephyr since the day after he was born and he has bonded to me as his "mom." They have had regular veterinary check ups since they arrived at the shelter. Due to the fact that she is lactating and he is not yet weaned, Pearl has not had shots in the past two months, but she has been under the care of the rescue veterinarian, Dr. Fregal. Zephyr will come to Brewster with his bonded pair, Miles, who is another weanling who was saved from the killhouse (seen in the second picture above lying down). Miles was purchased from auction with another jenny. He has gone through quarantine, medical exams and has been brought to bond with Zephyr. Once Zephyr is weaned, the two jennies will be adopted to their forever home and the two babies will come to me for their forever home. This is the way of the herd. Once a foal is weaned, the babies and mothers separate and the weanlings form a new herd together. Both of the babies will be gelded this winter when they are approximately 6 months old. Important resources: Dr. Marina Caesar (508)400-8918 - our veterinarian Kendra Bond - president of Peace for All Animals animal rescue (508)287-1263 Some Facts about Miniature Donkeys: A mini donkey is affectionate, extremely comical and a joy to own. They are by nature people loving. They truly care for his or her family and are like the family dog. They are playful and will develop lasting bonds with humans. The intelligence of the miniature donkey is superior to other farm animals. They are thinking and reasoning creatures. The mini donkey is easily trained. This intelligence at times makes them appear stubborn. Quite the opposite is true. They do not put themselves in harm's way and will avoid danger. The mature height of a mini donkey is 36" and under easy to handle for both adults and children. Their small size makes them Unlike horses, mini -donkeys are quite concerned about keeping clean. They tend to defecate in the same spot all the time — no matter if they are inside or outside. They also urinate in the same spots in their stall. Zephyr's mother has trained him to urinate in the barn (similar to a cat with a litter box). She is very particular about her "bathroom" habits. Donkeys bray. Geese honk, coyotes howl, frogs chirp and dogs bark. A donkey does not make more noise than any of these animals who live freely around the pond. The typical time that a donkey will bray is around meal times when they are excited to see their person and get a treat, or if they are particularly excited about something that is happening around them. Mini Donkeys Vs. Horses — Unlike horses, mini donkeys are not nearly as skittish, and in turn, are often much more curious. Miniature donkeys will very seldom run away if they are spooked by a strange noise. Calm, cool and intelligent, a mini donkey does not require a lot of space, eats much less food and, over time, they are naturally inclined to hang out and be by your side whenever possible. Some terms: Males are called "Jacks" Females are called "jannets" or "jennies" Males that have been castrated are called "geldings" Babies are called "foals" until they are weaned Babies that have been weaned and are under a year old are called "weanlings" Donkeys that are between one and two years old are called "yearlings." Resources: http://www.a u a rtermoon ra n ch.com/ca rolyn sa rtl c lesa nastorlesrracts.ntm l https://nationalzoo.sl.eau/an Imals/m I n latu re-aon Key https://minidonkevuniversity.com/what-to-do-with-mini-donkey-manure/#:—:text=It's%20ab out%20a%20half%20a,they're%20inside%20or%20outside. https://www.poulinorain.com/bloq/feeding-donkeys-and-mules/ https://www.thedonkeysanctuarv.org.0 k/what-we-do/knowledge-and-advicelfor-ownerslcan -we-help-vou And About Me: I have been employed at Sturgis Charter Public School in Hyannis for the past 11 years. I am the Lead English Teacher at the West campus. I am a mentor and a leader at the school and in the Sturgis community. I am a contributing member of the Brewster Ponds Coalition and Brewster Conservation Trust. I am a single mother with two children. My son is studying Architecture at Pratt Institute in Brooklyn, NY and my daughter is a senior at Nauset High School. Engineer's map conducted by Down Cape Engineering for 6 Seamans Lane's conservation setbacks. Image also shows that the adjacent proposed area for the barn and fence are outside of the 100' wetland buffer. Supporting Documentation: Drainage maps Well maps Elevation Map The data shown on this site are prov ide d for in fo rmatio na l and planning purposes on ly. The To wn and Its consu ltants are ne t res pons ible fo r the misu se or misrepre sentatio n of the data. • 0 wOom WWWWWWW WWWWWWWW WWWWWWWW WWWWWWW WWWWW WWWW WW 200 400 ft A Printed on 09/09/2022 at 02:05 PM E ▪ of Pavem ent Driv eways Bungs Parcels DEP ▪ Wetlands Wetl and Cranberry Bog Contour s 50ft I.10ft /V 2ft Town Bound ary MA Highways interstat e US Highway Numbered Routes Ab utting Town s Bathy0m-5 l goy-10ft X10-15ft X15-20ft MI 20-30 ft ▪ 30-40 ft =40-50 ft MB 50-60 ft Streets MapsOnline by PeopleGIS QG O 1-8 The data shown on this site are provided for informational and plann ing purpos es on ly. The Town and Its co nso na nts are no t res pons ible fo r the misu se or misrepresen tation of the data . 0 Edge of Pavem ent Buildings Parcels with Orthos Parcels 0 200 400 ft Printed on 09/09/2022 at 09:30 AM MapsOnline by PeopleGIS jar �,,� ;1llrri � NS 7.� ; J � I� •' ✓ i/ �7,,,�\� .!_'Q�% /lei l t 6412-1i\ 4`i��� r rC LOCUS MAP SETUCKET ROAD OLD RED TOP RD. SEAMAN'S LANE LOCUS SL�H-- (� WALKERS POD NOT TO SCALE / EXIS WELLL • LOT 23 MAP 38 PARCEL 116 EXISTING WELL AND LEACH AREA LOCATIONS PER ENGINEERED PLAN BY TADCO ' 11. 0iATE. JASON C. 7E12 .��`i' LtoIXISIRNG WELL EXISTING LEA CH PITS LOT 22 50 MAP 38 PARCEL 118 EXISTING WELL LOCATION PER 446 COASTAL ENGINEERING PLAN 4. DATED 4-15-1999 42 EXISTING LEACH PR LOCATIONS 40 PER ENGINEERED PLAN BY 38 PAUL BOWKER 36 34 W ELL 32 PROPOSED EXISTING LEACH PIT LOT 28 MAP 37 PARCEL 71 EXISTING WELL LOCATION PER COASTAL ENGINEERING PL AN DATED 4-15-1999 VERIFIED IN FIELD BY JASON EWS JULY 1, 2008 EXISTING LEACH PR LOCATIONS PER ENGINEERED BY SEAMAN'S LANE 60. ..... sZ . 64 / 100.00' —�\ / r n t n / ( PROPOSED/ EISITNG SETBACK1 ( L LOT _15, 400 S.F. t 58 56 50 52� 48 100't 1i� - 30 �T _30 ORIGINAL BORDERING — — ROPOSEO WELL SUGGESTED V EGETATED — = = - - ----- — - LOCATONWETLAND PROOCATION ELL TOP OF (M14JIW) '-- SLOUGH. -POND 'EXISTING D WELLING S`ED LOT 20 MAP 38 PARCEL 119 COSTING WELL LOCA TION PER COASTAL ENGINEERING PLAN DATED 4-15-1999 TION CONFIRMED BY HOMEOWNER TO JASON EWS / JUNE 20, 2008 AND JULY 2. 2008 PREVICUS PROPOSED WELL LOCATION PER ENGINEERED PLAN BY R.J. O'HEARN DATED 11-6-1979 4! EXISTING LEACH PR LOCATION PER CERTIFIED AS -BUILT PLAN BY DATED 8-15-1980N R.LS. 100' EXISTING LEACH Pr LOT 27 MAP 38 PARCEL 115 EXISTING LEACH PfT AND WELL LOCATIONS PER ENGINEERED PL AN BY PAUL BOWKER LE ACH PR (PER AS -BUILT) EXISTING O10' DIA LEACH PIT LOT 19 MAP 38 PARCEL 134 WELL AND LEACH PR PER ENGINEERED PLAN IN 0014 RECORDS 1 EXISTING WELL J.C. ELLIS DESIGN P.O. BOX 2152 BREWSTER, MA 02831 (508)385-2228 Ema il: jcellisdesign® varizo n.nat .CONCEPTUAL SEPTIC SYSTEM DESIGN PLAN (FOR TITLE 5 COMPLIANCE ONLY) SU BJECT: LOT 21 SEAMAN'S LANE BREWSTER, MA PREPARED FOR: JASON & RAQUEL ELLIS P .O. BOX 2152 BREWSTER, MA 02631 ASSESSOR'S MAP 38 PARCEL 110 DATE JULY 6. 2008 REVISED: SCALE: 1 40' SHEET 1 OF 1 'Cv.. (-)t--31f) Pon.d, NOTES 1. DATUM 15 DA19Bfl 2 THIS PLAN 15 FOR PROPOSED WORK ONLY AND NOT TO BE USED FOR LOT UNE STAKING OR ANY OTHER PURPOSE 2 CONTRACTOR SHALL BE RESPONSIBLE FOR CALUNG P1504 E (1 -BBB -344-7233) AND VERIFYING THE LOCATION OF ALL UNDERGROUND @ OVERHEAD BRUTES PRIOR TO COMME NCEMENT OF WORK. 4. (705886 SEPTI C LOCATION PER 11E -CARD ON FILE 40194 TOWN. Scole:t'= 20' 0 10 20 30 40 50 FEET LOCUS MAP SCALE 1'=2000' ± ASSESSORS MAP 12 PARCEL 71 ZONING SUMMARY ZONING DISTRICT: R -R DISTRICT MIN. LOT SIZE 100,000 S .F. MIN . LOT FRONTAGE 200' MIN. FRONT SETBACK 40 ' MI N. SIDE SETB ACK 25' MIN . REAR SETBACK 25 ' MAX . BUILDING HEIGHT 30 ' MAX . BUILDING COVERAGE 15% SITE IS LOCATED WITHIN A ZONE II 404:4 o� DANIEL A. OJALA, P.E., P.LS. DCE #21-226 SITE PLAN OF *6 SE AM ANS LANE BREWSTER, MA PREPARED FOR ABI GAIL RHOADS DATE: JULY 27 . 2021 N 508-362-4541 fox 508-362-9680 downcopa.c om 0 Jew cape engineering, inc . ci vil engine ers land s urveyo rs 939 Main St re et ( Rt e 5.4) Y ARM OUTHP ORT MA 0 267 5 21-220 ATP , 1;,ctr 4out, — — — HP? g'Ox o APPR9x'.... Exlsr." EXI„ST/iv6' EXIST. "WE -4.0 . , WELC:,. SEAM FA/ S .377 L flNE 4O' WAY *.>-4, a /13 NOTE .F//e/?.. G'2.11Es •7"O 774, 10 T 0 .15, 20 0 _'sF' t _-,L --.- L EGEND EXISTING SPOT ELEVATIONS OO EXISTING CONTOUR--- 0- - FINISHED SPOT ELEVATIONS FINISHED CONTOUR —O APPROVED: BOARD OF HEALTH DATE AGENT 1 . CERTIFY THAT ,THE -.PROPOSED BUILDING SHOWN ON THIS- PLAN CONFORMS TO THE ZONING LAWS OF F.�i!�� r ,. MASS. /I i/ �z ( 0A E E- ED AND SURVEYOR (9,0% rut -OR .FXPxYv5 80 78 - 76 74. —.66 - 64, —6Z i1 PROPOSED PLOT PLAN R2Ews7 F- ,MASS. R L O'HEARN,, INC.,; RL.S, Rt 1348 ROUTE 134 EAST DENNIS ,'_MASS.,, 9 i � • 33 • io" L.10o 3. a ey . oo' • 5'9/ �'os6, s2 d ToP dl0l 1. � ko.• i z4 ET �E. 4GH_ • 0.. 1.,.''-1°. ,-; c_ 35� S S 3 - o o E- -,_ 9zs6 T= 3.7L' A = Z'ZZ o3" 2 iS s/ -o c�✓ � /0o'f /oo. C DC, ' 1 'z1P/ kd L/' • iS s�oo`st /oo 30�. yam. Z3.Bo' i_4�0' oe/VF7Tc� �f/AY� ' 56' .__-. .2=.-?54coc,- c•z,.-_ F • $p^ I ;t nPaud mau put) 04 trpdn uoa �Du";20Ud u0 Sn 2 1 s.pnpo.15 poom f.10411,13 put)u it, 17P2dS Ir.T001Jf , 4 bur. xxoLApooM g saapitnS wiPa uffo.piPS ;1 i IC From: George Heufelder gheufelder@barnstablecounty.org Subject: PDF also attached, Date: September 14, 2022 at 1:37 PM To: Abby Rhoads abigail.rhoads@gmail.com 30 mil impervious liner to act as drainage pan underneath area of pen Rubber matting - - - - Wag, Peastone blocking (2") Shower drain 4-6" san 2" PVC pipe So, in this instance there would be no discharge or leaching within the 100 ft of the well. Best of luck George George Heufelder, M.S., R.S. Environmental Specialist 1 Health and Environment Massachusetts Alternative Septic System Test Center Barnstable County, Regional Government of Cape Cod Email gheufelder@barnstablecounty.org 1 Office (508) 375-6616 1 7Q7_RRdR Mobile (508) CERTIFIED MAIL RETURN RECIEPT REQUESTED BREWSTER BOARD OF HEALTH PUBLIC HEARING NOTICE Date: September 21, 2022 Re: Variance on Setbacks For 0 Seamans Lane. Map: 39 Lot: 21 0 Seamans Lane Brewster, MA 02631 Dear Abutter: A public hearing has been scheduled for the Brewster Board of Health to take action on an application for variances from the regulations of the Town of Brewster Animal Regulations. The following variances are requested: List of all variances Town Codes Brewster Reg. # Description of variance(s) Animal Regulations Barn to abutter at 26 Seamans Lane property line: proposed 40', variance request 10' Animal Regulations Barn to abutter at 26 Seamans Lane dwelling: proposed 55' variance request 45' Animal Regulations Barn to owner at 6 Seamans Lane well: proposed 89', variance request 11' Animal Regulations Enclosure to owner at 6 Seamans Lane well: proposed 40', variance request 60' Said hearing will be held virtually, on October 5, 2022. at 7:00 p.m. Phone: Call (301)715-8592 or (312)626-6799. Webinar ID: 820 4394 4509 Passcode: 979174 To request to speak: Press *9 and wait to be recognized. Zoom Webinar: https://us02Web.zoom.us/j/82043944509? pwd=MytpM2kvUExKbU1 RS0hmM01Zb3dQZz09 Passcode: 979174 Additionally, the meeting will be broadcast live, in real time, via Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-ma.gov) or Video recording (tv. brewster-ma.gov) The application and plans are available for review at the Brewster Health Department, Brewster Town Offices, 2198 Main Street, Brewster, MA, Monday through Thursday (excluding holidays) from 8:30 a.m. to 4:00 p.m. Sincerely, Abigail Rh s N:\Health\BOH regs and policies\InHouse Septic Local Upgrade Approval 2019\Publichearinggenericabutternotificationfillable9.9.22.docx PA atriEcl. CENTERVILLE 1672 FALMOUTH RD CENTERVILLE, MA 02632-9998 (800)275-8777 0/.022 0ty Unit Price lass Mail® 1 .ester, MA 02631 - ':aht: 0 1b 0.30 oz timated Delivery Date Wed 09/21/2022 I.ertified Mail® Tracking #: 70220410000165707084 Total First -Class Letter East Dennis, MA 02641 Weight: 0 lb 0.30 oz Estimated Delivery Date Wed 09/21/2022 Certified Mail® -- Tracking #: 70220410000165707077 Total ].0_59 AM Price $0.60 1 First -Class Mail® Letter Brewster, MA 02631 Weight: 0 lb 0.30 oz Estimated Delivery Date Wed 09/21/2022 Tracking #: 70220410000165707060 Total Grand Tota : '.;red i t Card Remit Card Name: MasterCard Account #: XXXXXXXXXXXX1206 Approval #: 06580S Transaction #: 878 s. AID: A0000000041010 Chip AL: Mastercard PIN: Not. Required Mastercard k4.00 $4.60 $0.60 $4.00 $4.60 $13.80 $13.80 ****X****************X**XY(****X******X**** Every household in the U.S. is now eligible to receive a third set of 8 free test kits. 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Weight: 0 lb 0.40 02 Estimated Delivery Date Mon 09/26/2022 Certified Mail__ Track f ring #: 702204100001.65701662 First -Class Mail® 1 Letter Brewster, MA 02631 Weight: 0 lb 0.40 02 Estimated Delivery Date Mon 09/26/2022 Certified Mai Trac Total Grand Total: - Cash -,-- -- Change $0.60 $4.00 $4.60 $0.60 $4.00 $4.60 $9.20 $20.00 -$10.80 Text your tracking number to 28777 (2USPS) to get the latest status: ',Standard Message and Data rates malt -apply. You may also visit www.usps.com LISPS Tracking or call 1-800-222-1811. Prev r Mail Track )yourr Packages ign up for FREE @ https://Snformedd 11very Y . asps , cola .Al l sales final on stamps and postage. Refunds for guaranteed services only. Thank you for your business. Tell Cis about your experience. Go to: https://postalexperience.com/Pas or scan this code with your mobile device, or call 1-800-410-7420. UFN: 241156-0632 Receipt A: 840-50280112-2-5617521-2 Clerk: 11 ru .-0 ,r4 ;o V7 .A PS Form 3800, April 2015 PSN 7530.02-000.9047 U.S. Postal Service" CERTIFIED MAiL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.corno. 1. �r r Ell r , Extra Services & Fees (checkbox eddies rm u ❑ Retum Recelpt (hardcopy) $ : fed ❑ReturnRecelpt (electronic) $— f ❑Certified Mall Restricted Delivery $ (1 ❑Adult Signature Required _ ID Adult Signature Restricted Delivery $ rtt-s— Postage $0.601 n To 'hi- ( tb ` L. n )-(3-= Stet AP o., or P(3 r--- --- - -- --------------- City, Sta(ej jP q See Reverse fcr Instructions U.S. Postal Service" CERTIFIED MAIL° RECEIPT Domestic Mail Only as TIP Certified Mall Fee $4.1 i0 Extra Services & Fees (check box eddies r pr�olpfu ElReturn Receipt (hardcopy) $� : ,_rtr ate) ['Return Receipt (electronic) $ 111.1•I U ['Certified Mall Restricted Delivery $ $11.111 f ['Adult Signature Required $ df— -- ❑ Adult Signature Restricted Delivery $ Postage $ Total Postage and Fe s $ . �r.60 Sent To � 4K2 Street and A't�N�o.,, or o No. No, City, Star: IP+4' $0.61 i 0632 11 Postmark Here (19/23/2022 Amy von Hone From: treefarm43@aol.com Sent: Sunday, August 28, 2022 6:48 PM To: Amy von Hone Subject: Re: Environmental Impact on Slough Pond Dear Amy, As of today the donkey pen and a barn type structure have been completed on the property adjacent to 6 Seamans Lane. One neighbor shared that he heard the donkeys will arrive this week. Ten neighbors have discussed with me their disbelief that this is happening on Pond front property in our neighborhood. After reviewing the Brewster Animal Regulations, Part III paragraph one and your response, it would appear that these requirements have not been met. Thank you for looking into this matter. Sincerely, Beth Emanuelson Original Message From: Amy von Hone <avonhone@brewster-ma.gov> To: treefarm43@aol.com <treefarm43@aol.com>; morganfkelly@gmail.com <morganfkelly@gmail.com>; Zar42@comcast.net <Zar42@comcast.net>; Hikers22@aol.com <Hikers22@aol.com> Cc: Davis Walters <dwalters@brewster-ma.gov>; Chris Miller <cmiller@brewster-ma.gov>; Donna Kalinick <dkalinick@brewster-ma.gov>; Annette Graczewski <agracz58@gmail.com>; Peter Lombardi <plombardi@brewster- ma.gov>; Tammi Mason <tmason@brewster-ma.gov>; Sherrie McCullough <smccullough@brewster-ma.gov>; Marty Burke <marty.burke@brewsterponds.org> Sent: Fri, Aug 26, 2022 4:12 pm Subject: RE: Environmental Impact on Slough Pond Hello Seamans Lane Residents: Thank you for your email. Our office has not received an application for an Animal Permit as of today. I am attaching the link to our Brewster Animal Regulations Animal Regulations (laserfiche.com) which outline the minimum requirements needed for placement of animals on a property in the Town of Brewster. Any variances to the regulations will need formal approval by the Brewster Board of Health at a public hearing and includes notification to the abutters of the requested variances by the applicant. I am cc'ing the Building Commissioner and the Natural Resources Director whose departments will also probably be involved in permitting of this use. Please be advised, if there are no variances required under the BOH regulation, there is no requirement for abutter notification. I understand and am sensitive to your concerns. Please feel free to contact our office in the near future to confirm if we have received an application or if you witness any inappropriate activity on the property. Thank you again, Amy Amy L. von Hone, R.S., C.H.O. Brewster Health Director (0) 508.896.3701 X1120 (F) 508.896.4538 1 From: treefarm43@aol.com <treefarm43@aol.com> Sent: Thursday, August 25, 2022 8:58 PM To: Amy von Hone <avonhone@brewster-ma.gov> Subject: Environmental Impact on Slough Pond August 25, 2022 Amy von Hone, Health Director 2189 Main Street Brewster MA 02631 Dear Amy, A recent development in our neighborhood has many of us concerned. Abigail Rhoads, who resides at 6 Seamans Lane plans to install a donkey pen/rescue on the adjacent property, which she also owns. By way of background, this is a purely residential area and both 6 Seamans Lane and the adjacent parcel are pond front lots that overlook Slough Pond. The proposed donkey pen/rescue threatens significant environmental damage to what has been an area of pristine, natural beauty. Paul Rooney gave us your name and suggested that we contact you for information on the project. Our concerns relate to the environmental impact of this proposed use on Slough Pond and on our neighborhood. We do not believe that this pond front lot in a residential area is an appropriate location for an enclosure that holds donkeys. We are concerned that there will be manure and urine runoff that will infiltrate Slough Pond. Historically Slough Pond has been one of the cleanest ponds in Brewster. Locals and visitors regularly swim in the pond and enjoy using it. There are other concerns. We expect that there will be feed access available to the donkeys and are concerned that is will attract rats and other rodents. The presence of a number of penned donkeys also poses a serious noise issue. There will likely be unpleasant odors from the donkeys and their excrement that will seriously impact the atmosphere of what has been a naturally beautiful environment. It was that natural, undisturbed beauty and purity that drew most of us to Seamans Lane. We hate to see is destroyed by the use of a single lot in such an inappropriate fashion. Your perspective on this issue is important to all of us. Thank you for your time. Sincerely, Beth and Fred Emanuelson, 43 Seamans Lane, Treefarm43(a�aol.com Morgan and Rose Kelly, 55 Seamans Lane, morganfkelly(a�gmail.com John and Maxine Zartarian, 56 Seamans Lane, Zar42Acomcast.net Joan Bentley and Ed Wozniak, 36 Seamans Lane, Hikers22CcDaol.com 2 6 Seamans Lane Donkey Paddock 8/29/22 v�o2- Date: To the Brewster Board of Health: I am the abutter to Abigail Rhoads of both 6 and 0 Seamans Lane, Brewster. Abigail has informed me of her application for a permit to house two miniature donkeys on her abutting property at 0 Seamans Lane. I am informed of the need for variance due to the required setbacks given in the Brewster Board of Health Animal Regulations. I am in support of the approval of the application for a variance for Abigail's application to house two miniature donkeys on her property at 0 Seamans Lane. Signed, org.2E1xi Jean Morceau 26 Seamans Lane, Brewster Amy von Hone From: treefarm43@aol.com Sent: Wednesday, September 28, 2022 8:04 AM To: Amy von Hone; susan.bridges@brewsterponds.org; marty.burke@brewsterponds.org Subject: Seamans Lane Proposed Donkey Rescue Amy and Board Members, For the past three years I have been an active volunteer for the Brewster Conservation Trust and the Brewster Ponds Coalition (Citizen Scientist). During this time I have been exposed to a vast amount of information concerning the fragile condition of many of the fresh water ponds scattered across Cape Cod. Many of the fresh water ponds are facing negative impact from bacterial contamination and invasive species. Only 5 of Brewsters 80 ponds are considered to be of high quality according to the Cape Cod Commission pond guidelines and Mass DEP. Slough Pond is one of the 5. Keeping Slough Pond clean helps to keep our sole source aquifer water clean. Cape Cod's sole source aquifer provides 100% of our drinking water. Donkey manure is high in nitrogen, phosphorus and potassium which are essential for plant growth. Cyanobacteria (blue green algae) blooms are caused by excessive nitrogen and phosphorus. Nitrogen is necessary for plant growth and it moves rapidly through soil. Phosphorus introduced into ponds provides food for plants and algae and can increase the vegetation growth within a pond. Large concentrations of phosphorus can create algal blooms, which turn the waters murky, kill fish and cause illness in humans and pets. Many Brewster ponds already contain enough phosphorus to cause an algal bloom. It only takes a small amount of additional nutrient load to cause a toxic algal bloom. Even if set back requirements are met for the proposed donkey rescue can anyone ensure that over time manure (and urine) will not make its way into the pristine water of Slough Pond? So many of Brewsters ponds are listed as "some impairment" or "impaired". Shouldn't we as a community attempt to protect the health and beauty of Slough Pond for future generations? Should the wants of few negate protecting a fragile watershed area? A donkey rescue is a worthy cause but is it an environmentally conscience choice for pond front property? Please help preserve this fragile watershed we call home. Beth and Fred Emanuelson 43 Seamans Lane 1 Tammi Mason From: Lynne winchester <lynnewinchesterl @gmail.com> Sent: Wednesday, September 28, 2022 6:28 PM To: Tammi Mason Subject: Donkey Proposal on Seaman's Lane Dear Amy, I am a Realtor in Brewster and have heard from previous clients in this neighborhood concerning the proposal to allow donkeys on the street. Like myself they are big fans of animal rescue but farm animals on a small lot in a fairly dense neighborhood may not be the best idea. If I had to sell one of the surrounding homes I think it may be a deterrent for many buyers and adversely impact the value. Current homeowners are concerned about losing value in their biggest asset. Having grown up beside a farm I love farm animals, but the smell, flies, and noise is not for everyone. Donkeys need space and care and I think the former may be lacking in that lot. My sense is hygiene of the lake will also be a concern but I will leave that to the conservationists. I wish you well with a difficult topic, regards, Lynne Lynne Winchester EXIT Cape Realty 617 309 6069 Resident of Brewster -21 Nancys Way 1 Tammi Mason From: Rich D <rdeperro51@gmail.com> Sent: Thursday, September 29, 2022 10:26 AM To: Tammi Mason Subject: Donkey Rescue on Slough Pond Dear Amy von Horn We are Richard and Marsha DePerro 50 Old Red Top Rd Brewster Ma where we have lived for 24 years. Our home is directly on Slough Pond. We are very concerned about the proposed Donkey Rescue planned to be operated directly on Slough Pond and the effects this operation will have on the water quality of the pond. Over the years we have lived there there has been a couple of negative problems that have happened to the pond by unintentional human actions. Fisherman introduced an evasive weed that was brought in by their fishing boat. The weed multiplied many fold and impaired swimming for the entire season. A previous neighbor was letting his gray water empty in the pond instead of going into his tight tanks. This caused major algae blooms for 6 weeks in July and August making part of pond not usable for swimming. I hope that before any operation that has direct access to the pond be thought out thoroughly to assure that no foreign substance enters the water and reduces the high quality of water of Slough pond. Thank you for attention to this issue Rich and Marsha DePerro Sent from my iPhone 1 Tammi Mason From: Amy von Hone Sent: Thursday, September 29, 2022 3:00 PM To: Tammi Mason Subject: Fwd: Proposed Donkey rescue farm Seamans Lane For printing Amy L. von Hone, RS,CHO Health Director Brewster Health Department 508.896.3701 X1220 Sent from my iPhone Begin forwarded message: From: Peter Bradley <pbradley33@gmail.com> Date: September 29, 2022 at 2:43:29 PM EDT To: Amy von Hone <avonhone@brewster-ma.gov> Subject: Proposed Donkey rescue farm Seamans Lane Hello Amy, I'm a Brewster resident. Yesterday my wife and I heard about a person planning to operate a Donkey rescue farm in town. A bit odd, we thought, but have become very concerned about the location. I believe the owner is Abby Rhodes and the address is 6 Seamans Lane or an adjacent lot. We have not met the owner, but know the property is on Slough Pond very near other residents. Although I don't know the full scope of the proposal, our concerns are both health and environmental. Keeping and caring for donkeys will have an impact on the neighborhood in respect to daily noise and unpleasant odors. Animal waste management could be both a health and environmental risk. The proposal, as I understand it, could become a health issue for neighbors as well as the owner. I'm sure keeping livestock like donkeys on waterfront land poses a significant environmental risk for the quality of the pond. You know how important brewster ponds are to our town. We live very close to Seymours Pond and have a neighbor with property on the pond and space to accommodate livestock. Besides the health and environmental issues for Seamans Lane, we are concerned that something similar might be created near our home and on Seymours Pond. 1 Please consider the significant impact of allowing the proposed donkey rescue farm on Seamans Lane and not approve it for health risk reasons. I'm hoping the environmental review will come to the same conclusion. Thank you for listening. Peter Bradley TOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-3701 EXT 120 FAX: (508) 896-4538 BRHEALTH@TO WN.BREWSTER.MA.US BREWSTER BOARD OF HEALTH ANIMAL REGULATIONS OFFICE OF HEALTH DEPARTMENT In accordance with the Massachusetts General Laws, Chapter 111, Section 31, the Brewster Board of Health has adopted these regulations for Animals on November 17, 1992. This will supersede Farm Animal Regulations adopted on February 12, 1987. PART I DEFINITIONS 1. Farm Animal: To include any sheep, goat, swine, bovine or equine, of any quantity, sex and/or age. 2. Poultry: To include domestic fowl such as chickens, turkeys, ducks and geese. 3. Barn: Any building or structure where a farm animal is sheltered or maintained, or a portion of a building used for this purpose. 4. Stable: Any structure used to house equines. 5. Enclosure: To include any fencing, corral, paddock area, pen, or the like used to contain farm animals or poultry. 6. Coop: To include any building or structure, or portion of a building, used to keep poultry. 7. Wetland: As defined in the Brewster Wetland Protection Regulations. PART II REGULATIONS Location: All barns, enclosures and coops used for the keeping of farm animals and poultry shall be located according to the following table: MINIMUM DISTANCES BARNS ENCLOSURE/ CCOPS Abutter's Property Line 50 FT Private well used for potable water 100 FT Town water supply 400 FT Abutter's Dwelling 100 FT Wetland 100 FT 25 FT 100 FT 400 FT 100 FT W W W.TO WN.BREWSTER.MA.US BOH ANIMAL REGULATIONS PAGE 2 CONSTRUCTION: A. Barns shall_ be of durable construction so as to protect the structure from deterioration or damage by rodents, termites and dampness, and shall comply with the State Building Code. B. The flooring in all barns shall be approved by the Board of Health, shall be of such construction to support the intended loading, and shall be maintained in such a manner as to provide a clean and dry area. The Board of Health recommends two (2) inch thick planking specifically to allow for proper drainage, with sand not less than one (1) inch beneath it. If only a sand floor is utilized, the sand MUST BE CLEANED or changed at least once a week. C. All barns shall be provided with adequate light and ventilation. D. All barns shall have an adequate water supply for watering the animals, for fire control and for cleaning the premises. !#` E. Housing- every equine shall have shelter facilities and no equine shall be allowed to remain Out-of-doors all of the time without having access to proper shelter. FEED ROOM: The owner shall provide for vermin -proof and insect free storage for grain and shall provide refrigeration facilities for the keeping of so called fresh animal food (edible meat, fish and poultry). DRAINAGE AND WASTE DISPOSAL: A. All drainage and animal wastes shall be disposed of in a sanitary manner and as approved by the Board of Health. 1 B. Manure shall be removed from the barn at least daily and shall be disposed of in a sanitary manner. No manure or used bedding shall be permitted to remain outside the barn unless collected in compost piles. C. If uneaten feed, manure and refuse are collected in compost piles, they shall be treated or covered with earth loam or other suitable material in sufficient amounts to eliminate any odor or nuisance, and may not be put upon the ground within 100 feet of a wetland or a private well used for potable water and not less than 400 feet from a Town well. OPEN SHEDS: Each open shed shall be a three sided, roofed structure in accordance with State guidelines. WATER TROUGH: A drinking water supply shall be provided in the enclosure area for the animals 4 BOH ANIMAL REGULATIONS PAGE 3 PADDOCK AND PENS: A. All paddocks/pens shall be enclosed by fencing of sufficient strength to restrain the animals. Animals shall be restrained at all times. B. All paddocks/pens shall be graded and drained to prevent standing pools of water. DISPOSAL OF DEAD ANIMALS: All dead animals shall be disposed of in a manner and location approved by the Board of Health or Animal Inspector. PART III PERMITS: No person shall keep or maintain in Brewster, for any purpose a stablez; barn, enclosure or coop without prior approval of the Board of Health. The applicant is responsible for obtaining the necessary Zoning By -Law approvals prior to seeking Board of Health approval. The fee for a permit shall be $30.00 per year or $40.00 per year if over 10 livestock, expiring on December 31St. Those persons keeping farm animals/poultry prior to the effective date of these regulations may continue to do so provided that: 1. The farm animals and poultry are registered with the Board of Health 2. Variances that have been applied for have been granted REGISTRATIONS: 1 i All farm animals and poultry shall be registered with the Board of Health. The total number of animals on the property shall not exceed the total indicated on the permit. Proof shall be provided that all horses have been vaccinated annually, against Tetanus and Eastern Encephalitis. All commercial stables are subject to the rules and regulations of Chapter 128, Section 2B of the Massachusetts General Laws. EXEMPTIONS: Ten (10) or fewer domestic fowl are exempt from the peitiiit process. Roosters will not be exempt. INSPECTION: Inspection will be conducted and shall be expected during reasonable hours, by the Board of Health, Health Agent or Animal Inspector: Failure to correct cited deficiencies may lead to a revocation of the Board of Health permit. BOH ANIMAL REGULATIONS PAGE 4 VARIANCES: Upon written request, the Board of Health may vary the application of these regulations if it finds that these regulations would cause undue hardship to the_applica_ntand that the granting of a variance would not be detrimental to the public health. No variances shall be granted except after the applicant has notified all abutters by certified mail at his/her own expense at least.ten (10) days before the Board of Health meeting at which the variance request will be sought and the reason therefore. All variances shall be in writing and shall be subjected to such conditions as the Board of Health may deem necessary. SEVERABILITY CLAUSE: Whenever possible, these regulations shall be deemed to be supplementary to (not contradictory with) state and federal statutes and regulations. In the event any of these regulations shall be held invalid, any such regulation or regulations shall be deemed to be severed from the others and struck from these rules,(but the remaining regulations shall continue in full force and effect. Whoever personally or by his or her servant or agent of any firm or corporation violates these rules and regulations shall be punished by a fine of not more than two hundred dollars ($200.00) per day for each such violation. Adopted: 8/4/77; Amended: 10/7/81; 3/3/82; 6/1/83; 12/10/85; 2/12/87; 11/17/92; Effective: 11/27/92; Amended: 2/15/2011 Board Of Health Colette Williams, Town Clerk Massachusetts Department of Environmental Protection eDEP Transaction Copy 1 Here is the file you requested for your records. To retain a copy of this file you must save and/or print. Username: EBELAIR Transaction ID: 1416383 Document: Groundwater Discharge Monitoring Report Forms Size of File: 1031.04K Status of Transaction: Submitted Date and Time Created: 8/23/2022:10:16:22 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. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit DAILY LOG SHEET 599 1. Permit Number 2. Tax identification Number 2022 JUL DAILY 3. Sampling Month & Frequency Important:When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Facility Information 1. Facility name, address: JSERENITY BREWSTER WWTF a. Name 1873 HARWICH ROAD b. Street Address JBREWSTER c. City 2. Contact information: JMA 102631 d. State e. Zip Code JDAVID FELDMAN a. Name of Facility Contact Person f781 7079527 Jdfeldman@wingatehealthcare.com b. Telephone Number c. e-mail address 3. Sampling information: 17/31/2022 IWHITEWATER a. Date Sampled (mm/dd/yyyy) b. Laboratory Name !DOUG MURPHY G. Analysis Performed By (Name) B;Form Selection 1. Please select Form Type and Sampling Month & Frequency 1 Daily Log Sheet - 2022 Jul Daily All forms for submittal have been completed. 2. This is the last selection. 3. Delete the selected form. gdpdls 2015-09-15.doc • rev. 09/15/15 Groundwater Permit Daily Log Sheet • Page 1 of 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit DAILY LOG SHEET 599 1. Permit Number 2. Tax identification Number 2022 JUL 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 (mg/I) (%) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2924 2753 2230 2798 2159 4435 2575 2828 2223 2621 2466 2398 2730 4300 2234 2455 2405 2670 2390 2745 3415 1979 3619 3280 3219 3423 2543 2954 1757 2320 2590 7.3 7.2 7.3 7.3 7.4 7.3 7.2 7.2 7.3 7.5 7.4 7.3 7.2 7.2 0.4 0.3 0.4 0.5 0.6 0.4 0.5 gdpols.doc • rev. 09/15/15 Groundwater Permit Daily Log Sheet • Page 1 of 1 Massachusetts Department of Environmental Protection )599 Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number Groundwater Permit MONITORING WELL DATA REPORT 2. Tax identification Number 2022 JUL MONTHLY 3. Sampling Month & Frequency Important:When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Facility Information 1. Facility name, address: 'SERENITY BREWSTER WWTF a. Name 1873 HARWICH ROAD b. Street Address IBREWSTER 1MA c. City d. State 2. Contact information: 102631 e. Zip Code 'DAVID FELDMAN a. Name of Facility Contact Person 17817079527 ldfeldman@wingatehealthcare.com b. Telephone Number c. e-mail address 3. Sampling information: [7/15/2022 IWHITEWATER a. Date Sampled (mm/dd/yyyy) b. Laboratory Name 'DOUG MURPHY c. Analysis Performed By (Name) B. Form Selection r,. 1. Please select Form Type and Sampling Month & Frequency Monitoring Well Data Report - 2022 Jul Monthly All forms for submittal have been completed. 2. — This is the last selection. 3. - Delete the selected form. gdpdls 2015-09-15.doc • rev. 09/15/15 Groundwater Permit Daily Log Sheet • Page 1 of 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number 599 Groundwater Permit MONITORING WELL DATA REPORT 2. Tax identification Number 2022 JUL 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. Parameter/Contaminant MW1 MW2 MW3 Units Well #: 1 Well #: 2 Well #: 3 PH 6.3 S.U. STATIC WATER LEVEL FEET SPECIFIC CONDUCTANCE UMHOS/C 58.84 244 6.2 159.92 326 MW4 Well #: 4 16.2 51.77 6.1 30.09 348 1176 Well #: 5 Well #: 6 mwdgwp-blank.doc • rev. 09/15/15 Monitoring Well Data for Groundwater Permit • Page 1 of 1 Important:When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. tali Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit DISCHARGE MONITORING REPORT )599 1. Permit Number 2. Tax identification Number 2022 JUL MONTHLY 3. Sampling Month & Frequency A. Facility Information 1. Facility name, address: 'SERENITY BREWSTER WWTF a. Name 873 HARWICH ROAD b. Street Address 'BREWSTER 'MA G. City d. State 2. Contact information: 102631 e. Zip Code DAVID FELDMAN a. Name of Facility Contact Person 17817079527 1dfeldman@wingatehealthcare.com b. Telephone Number c. e-mail address 3. Sampling information: '7/28/2022 'RI ANALYTICAL a. Date Sampled (mm/dd/yyyy) b. Laboratory Name 'JONATHAN AUGUSTE c. Analysis Performed By (Name) S: Form Selection 1. Please select Form Type and Sampling Month & Frequency Discharge Monitoring Report - 2022 Jul Monthly All forms for submittal have been completed. 2. This is the last selection. 3.- Delete the selected form. gdpdls 2015-09-15.doc • rev. 09/15/15 Groundwater Permit Daily Log Sheet • P.age 1 of 1 Massachusetts Department of Environmental Protection 599 Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number Groundwater Permit DISCHARGE MONITORING REPORT 2. Tax identification Number 2022 JUL MONTHLY 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) • NS = Not Sampled 1. Parameter/Contaminant Units BOO MG/L TSS MG/L TOTAL SOLIDS MG/L AMMONIA -N MG/L NITRATE -N MG/L TOTAL NITROGEN(NO3+NO2+TKN) MG/L OIL & GREASE MG/L 2. Influent ND ND 1260 0.48 3. Effluent 4. Effluent Method Detection limit 14.3 ND 5.6 15.6 13.0 12.0 0.050 10.50 10.50 infeffrp-blank.doc • rev. 09/15/15 Groundwater Permit Discharge Monitoring Report • Page 1 of 1 14 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit 599 1. Permit Number 2. Tax identification Number Important:When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Any person signing a document under 314 CMR 5.14(1) or (2) shall make the following certification - If you are filing electronic -ally and want to attach additional comments, select the check box. E Facility Information SERENITY BREWSTER WWTF a. Name 1873 HARWICH ROAD b. Street Address 1BREWSTER c. City Certification JMA 102631 d. State e. Zip Code "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision In accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that the are significant penalties for submitting false Information, including the possibility of fine and imprisonment for knowing violations." 1ELIZABETH BELAIR 18/23/2022 a. Signature b. Date (mm/dd/yyyy) Reporting Package Comments PLANT MET ALL DISCHARGE PERMIT REQUIREMENTS FOR JULY 2022. gdpdls 2015-09-15.doc • rev. 09/15/15 Groundwater Permit • Page 1 of 1 Li71Massachusetts 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. USeinaMe: EBELAIR Transaction ID: 1429375 Document: Groundwater Discharge Monitoring Report Forms Size of File: 1028.33K Status of Transaction: Submitted Date and Time Created: 912612022:10:57:24 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. S Important:When filling out forms on the computer, use only the tab key to move your cursor - do not use the retum key. rid �-X Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit DAILY LOG SHEET 599 1. Permit Number A 2. Tax identification Number 2022 AUG DAILY 3. Sampling Month & Frequency A. Facility Information 1. Facility name, address: 'SERENITY BREWSTER WWTF a. Name ,873 HARWICH ROAD b. Street Address JBREWSTER - 1MA c. City d. State 2. Contact information: ,02631 e. Zip Code DAVID FELDMAN a. Name of Facility Contact Person 17817079527 dfeldman@wingatehealthcare.com b. Telephone Number c. e-mail address 3. Sampling information: 18/31/2022 TWH ITEWATER a. Date Sampled (mm/dd/yyyy) b. Laboratory Name DOUG MURPHY c. Analysis Performed By (Name) B. Form Selection 1. Please select Form Type and Sampling Month & Frequency Daily Log Sheet - 2022 Aug Daily - All forms for submittal have been completed. 2. - This is the last selection. 3. Delete the selected form. gdpdls 2015-09-15.doc • rev. 09/15/15 Groundwater Permit Daily Log Sheet‘'? Page 1 of 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit DAILY LOG SHEET 599 1. Permit Number 2. Tax identification Number 2022 AUG DAILY 3. Sampling Month & Frequency Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 C. Daily Readings/Analysis Information Effluent Flow GPD 4625 2614 3136 3109 2562 2129 3019 3205 4188 3134 3017 3017 3057 2896 3025 3651 3189 3049 3350 2820 2875 4332 4027 2590 3517 2965 3130 3021 f 2490 3999 3234 gdpdls.doc • rev. 09/15/15 Reuse Irrigation Turbidity Influent pH Flow GPD Flow GPD J Effluent pH 7.2 7.3 7.3 7.4 7.4 7.4 7.5 7.4 7.4 7.3 7.3 7.3 7.2 7.3 7.3 7.4 7.4 7.3 7.2 7.3 7.4 7.4 7.3 Chlorine Residual (mgll) uv Intensity (%) 0.2 0.3 0.3 0.4 0.3 0.3 0.3 0.3 0.3 0.4 0.3 0.3 0.4 0.4 0.4 0.3 0.2 0.3 0.3 0.4 0.4 0.4 0.3 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. 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: 599 1. Permit Number 2. Tax identification Number 2022 AUG MONTHLY 3. Sampling Month & Frequency 'SERENITY BREWSTER WWTF a. Name 873 HARWICH ROAD b. Street Address !BREWSTER c. City 2. Contact information: JMA 102631 d. State e. Zip Code ,DAVID FELDMAN a. Name of Facility Contact Person 17817079527 1dfeldman@wingatehealthcare.com b. Telephone Number c. e-mail address 3. Sampling information: 8/2 '022 IWHITEWATER a. Date Sampled (mm/dd/yyyy) b. Laboratory Name DOUG MURPHY c. Analysis Performed By (Name) B. Form Selection 1. Please select Form Type and Sampling Month & Frequency Monitoring Well Data Report - 2022 Aug Monthly All forms for submittal have been completed. 2. - This is the last selection. 3.- Delete the selected form. gdpdls 2015-09-15.doc • rev. 09/15/15 Groundwater Permit Daily Log Sheet • Page 1 of 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number 599 Groundwater Permit MONITORING WELL DATA REPORT 2. Tax identification Number 2022 AUG 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. Parameter/Contaminant MW1 MW2 MW3 MW4 Units Well #: 1 Well #: 2 Well #: 3 Well #: 4 PH S.U. STATIC WATER LEVEL FEET SPECIFIC CONDUCTANCE UMHOS/C 6.2 16.1 {6.1 6 58.98 213 59.11 51.89 306 1i18 30.17 145 Well #: 5 Well #: 6 mwdgwp-blank.doc • rev. 09/15/15 Monitoring Well Data for Groundwater Permit • Page 1 of 1 Massachusetts Department of Environmental Protection 1599 Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number 2. Tax identification Number Groundwater Permit DISCHARGE MONITORING REPORT A. Facility Information Important:When filling out forms on 1. Facility name, address: l 2022 AUG MONTHLY 3. Sampling Month & Frequency the computer, use 'SERENITY BREWSTER WWTF only the tab key to a. Name move your cursor - do not use the 1a73 HARWICH ROAD return key. b. Street Address 'BREWSTER JMA 102631 c. City d. State e. Zip Code 2. Contact information: 'DAVID FELDMAN a. Name of Facility Contact Person 17817079527 ldfeldman@wingatehealthcare.com b. Telephone Number c. e-mail address 3. Sampling information: 18/18/2022 [RI ANALYTICAL a. Date Sampled (mm/dd/yyyy) b. Laboratory Name !PAUL PERROTTI c. Analysis Performed By (Name) B. Form Selection ry. 1. Please select Form Type and Sampling Month & Frequency Discharge Monitoring Report - 2022 Aug Monthly All forms for submittal have been completed. 2. — This is the last selection. 3. l- Delete the selected form. gdpdls 2015-09-15.doc • rev. 09/15/15 Groundwater Permit Daily Log Sheet'. Page 1 of 1 599 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number Groundwater Permit DISCHARGE MONITORING REPORT 2. Tax identification Number 2022 AUG MONTHLY 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) • NS = Not Sampled 1. Parameter/Contaminant Units BOO MG/L TSS MG/L TOTAL SOLIDS MG/L AMMONIA -N MG/L NITRATE -N MG/L TOTAL NITROGEN(NO3+NO2+TKN) MG/L OIL&GREASE MG/L 2. Influent 4.2 110 1270 10.64 3. Effluent 4. Effluent Method Detection limit 1 Np 1 ND 15.8 15.8 10.59 2.0 10.050 0.50 10.50 infeffrp-blank.doc • rev. 09/15/15 Groundwater Permit Discharge Monitoring Report • Page 1 of 1 1iL Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit 599 1. Permit Number 4mportant:when filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Any person signing a document under 314 CMR 5.14(1) or (2) shall make the following certification If you are filing electronic -ally and want to attach additional comments, select the check box. E Facility Information 'SERENITY BREWSTER WWTF a. Name 873 HARWICH ROAD b. Street Address BREWSTER dMA c. City d. State Certification 102631 e. Zip Code "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision In accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the Information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that the are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." 'ELIZABETH BELAIR 19/26/2022 - a. Signature Reporting Package Comments b. Date (mm/dd/yyyy) PLANT MET ALL DISCHARGE PERMIT REQUIREMENTS FOR AUGUST 2022. gdpdls 2015-09-15.doc • rev. 09/15/15 Groundwater Permit • Page 1 of 1 Massachusetts Department of Environmental Protection Department of 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: 1430892 Document: Groundwater Discharge Monitoring Report Forms Size of File: 1032.90K Status of Transaction: in Process Date and Time Created: 9/22/2022:3:08:22 PM Note: This file only includes forms that were part of your transaction as of the date and time indicated above. If you need a more current copy of your transaction, return to eDEP and select to "Download a Copy" from the Current Submittals page. Massachusetts Department of Environmental Protection 1951 Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number Groundwater Permit DAILY LOG SHEET 2. Tax identification Number 2022 AUG DAILY 3. Sampling Month & Frequency Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the retum key. 0 A. Facility Information 1. Facility name, address: [MAPLEWOOD AT BREWSTER a. Name 820 HARWICH ROAD b. Street Address !BREWSTER IMA c. City d. State 2. Contact information: 102631 e. Zip Code !JOSEPH SMITH a. Name of Facility Contact Person 17742125005 lismith@NSUWater.com b. Telephone Number c. e-mail address 3. Sampling information: [8/1/2022 [NOT APPLICABLE a. Date Sampled (mm/dd/yyyy) b. Laboratory Name [BEA NSU PERSONNEL c. Analysis Performed By (Name) B. Form Selection 1. Please select Form Type and Sampling Month & Frequency [Daily Log Sheet - 2022 Aug Daily All forms for submittal have been completed. 2. This is the last selection. 3. Delete the selected form. gdpdls 2015-09-15.doc • rev. 09/15/15 Groundwater Permit Daily Log Sheet-• Page 1 of 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number 951 Groundwater Permit DAILY LOG SHEET 2. Tax identification Number 2022 AUG 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) (%) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6649 4140 5386 5391 5609 5609 5609 6609 6631 6514 7732 7402 7402 7402 7722 5418 7610 6412 5592 5592 5592 6702 5564 6453 7501 6097 6097 6097 5420 4522 6488 gdpols.doc • rev. 09/15/15 6.8 6.9 6.9 6.8 6.9 6.9 6.8 6.9 6.9 6.7 6.9 6.9 6.9 6.9 6.9 7.0 6.7 6.8 6.9 6.8 6.8 6.7 7.2 7.0 7.2 7.2 7.2 7.0 7.1 7.1 7.2 7.3 7.1 7.3 7.1 7.2 7.4 7.3 7.1 7.0 7.3 7.1 6.9 7.2 7.0 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 retum key. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit DISCHARGE MONITORING REPORT 951 1. Permit Number 2. Tax identification Number 2022 AUG MONTHLY 3. Sampling Month & Frequency A. Facility Information 1. Facility name, address: JMAPLEWOOD AT BREWSTER a. Name 1820 HARWICH ROAD b. Street Address !BREWSTER c. City 2. Contact information: 1MA d. State J02631 e. Zip Code JJOSEPH SMITH a. Name of Facility Contact Person J7742125005 Jjsmith@NSUWater.com b. Telephone Number c. a -mall address 3. Sampling information: 18/19/2022 'ALPHA ANALYTICAL a. Date Sampled (mm/dd/yyyy) b. Laboratory Name jALPHA ANALYTICAL PERSONNEL c. Analysis Performed By (Name) B. Form Selection ,y. 1. Please select Form Type and Sampling Month & Frequency J Discharge Monitoring Report - 2022 Aug Monthly All forms for submittal have been completed. 2. - This is the last selection. 3.- Delete the selected form. gdpdls 2015-09-15.doc • rev. 09/15/15 Groundwater Permit Daily Log Sheet • Page 1 of 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit DISCHARGE MONITORING REPORT 1951 1. Permit Number 2. Tax identification Number 2022 AUG MONTHLY 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) • NS = Not Sampled 1. Parameter/Contaminant Units BOO MG/L TSS MG/L TOTAL SOLIDS MG/L AMMONIA -N MG/L NITRATE -N MG/L TOTAL NITROGEN(NO3+NO2+TKN) MG/L OIL & GREASE MG/L 2. Influent 89 54 1520 118.9 3. Effluent 4. Effluent Method Detection limit 3.1 ND 14.5 6.35 1 ND 2.0 5.0 10.10 10.450 14.0 infeffrp-blank.doc • rev. 09/15/15 Groundwater Permit Discharge Monitoring Report • Page 1 of 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit MONITORING WELL DATA REPORT 951 1. Permit Number 2. Tax identification Number 12022 AUG MONTHLY 3. Sampling Month & Frequency Important:When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Facility Information 1. Facility name, address: 'MAPLEWOOD AT BREWSTER a. Name 820 HARWICH ROAD b. Street Address 1BREWSTER 1MA c. City d. State 2. Contact information: 102631 e. Zip Code !JOSEPH SMITH a. Name of Facility Contact Person 17742125005 ljsmith@NSUWater.com b. Telephone Number c. e-mail address 3. Sampling information: 18/25/2022 INOT APPLICABLE a. Date Sampled (mm/dd/yyyy) b. Laboratory Name �BEA NSU PERSONNEL c. Analysis Performed By (Name) B;,Form Selection 1. Please select Form Type and Sampling Month & Frequency 'Monitoring Well Data Report - 2022 Aug Monthly - All forms for submittal have been completed. 2. This is the last selection. 3. - Delete the selected form. gdpdls 2015-09-15.doc • rev. 09/15/15 Groundwater Permit Daily Log Sheet • Page 1 of 1 951 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit MONITORING WELL DATA REPORT 1. Permit Number 2. Tax identification Number 2022 AUG 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. Parameter/Contaminant MW -1 MW -2 MW -3 MW -4 Units Well #: 1 Well #: 2 Well #: 3 Well #: 4 PH -6.78 S.U. STATIC WATER LEVEL 33.67 FEET SPECIFIC CONDUCTANCE UMHOS/C 88.6 6.24 32.63 126.4 17.06 I [5.82 133.08 288.4 133.16 110.3 Well #: 5 Well #: 6 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 1951 1. Permit Number 2. Tax identification Number Important:When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Any person signing a document under 314 CMR 5.14(1) or (2) shall make the following certification If you are filing electronic -ally and want to attach additional comments, select the check box. i Facility Information 'MAPLEWOOD AT BREWSTER a. Name 820 HARWICH ROAD b. Street Address 'BREWSTER c. City Certification JMA 102631 d. State e. Zip Code "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my Inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that the are significant penalties for submitting false information, Including the possibility of fine and imprisonment for knowing violations." 'SAMANTHA FARRENKOPF 19/22/2022 a. Signature b. Date (mm/dd/yyyy) Reportin ' Package Comments BENNETT ENVIRONMENTAL ASSOCIATES, LLC. (BEA) HAS COMPLETED THE AUGUST 2022 MONTHLY INFLUENT AND EFFLUENT SAMPLING OF THE BIOCLERE WASTEWATER TREATMENT SYSTEM. MONTHLY AND QUARTERLY WASTEWATER SAMPLING WAS COMPLETED ON 8/19/22. LABORATORY RESULTS REPORTED ALL PARAMETERS WITHIN DISCHARGE PERMIT LIMITS. 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 19,800-GPD LIMITATION THROUGHOUT THE MONTH. THE MINIMUM, MAXIMUM AND AVERAGE GPD FLOWS REPORTED OVER THE COURSE OF THE MONTH WERE 4,140 GPD, 7,732 GPD AND 6,225 GPD, RESPECTIVELY. gdpdls 2015-09-15.doc • rev. 09/15/15 Groundwater Permit • Page 1 of 1 Massachusetts Department of Environmental Protection eDEP Transaction Copy Here is the file you requested for your records. To retain a copy of this file you must save and/or print. USernerne: SFARRENKOPF Transaction ID: 1429736 Document: Groundwater Discharge Monitoring Report Forms Size of File: 1029.51K Status of Transaction: in Process Date and Time Created: 9/19/2022:12:45:25 PM Note: This file only includes forms that were part of your transaction as of the date and time indicated above. If you need a more current copy of your transaction, return to eDEP and select to "Download a Copy" from the Current Submittals page. Important:When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit DAILY LOG SHEET 746 1. Permit Number 2. Tax identification Number J 2022 AUG DAILY 3. Sampling Month & Frequency A. Facility Information 1. Facility name, address: 'PLEASANT BAY HEALTH CTR a. Name 1383 SOUTH ORLEANS ROAD b. Street Address 'BREWSTER IMA c. City d. State 2. Contact information: 102631 e. Zip Code JOSEPH SMITH a. Name of Facility Contact Person '7742125005 Jjsmith@NSUWater.com b. Telephone Number c. e-mail address 3. Sampling information: 18/1/2022 "NOT APPLICABLE a. Date Sampled (mm/dd/yyyy) b. Laboratory Name 'BEA NSU PERSONNEL c. Analysis Performed By (Name) B. Form Selection +y. 1. Please select Form Type and Sampling Month & Frequency 'Daily Log Sheet - 2022 Aug Daily All forms for submittal have been completed. 2. - This is the last selection. 3. - Delete the selected form. gdpdls 2015-09-15.doc • rev. 09/15/15 Groundwater Permit Daily Log Sheet • Page 1 of 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number 746 Groundwater Permit DAILY LOG SHEET 2. Tax identification Number 2022 AUG 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 (mg/I) (%) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8615 13490 6721 10719 11939 11939 11939 9769 11022 10855 8254 10140 10140 10140 4496 14271 9719 10708 9257 9257 9257 12269 11966 10641 13024 11044 11044 11044 10834 13170 15600 7.1 7.0 6.9 6.9 6.9 7.0 7.0 7.2 7.1 7.0 7.4 7.2 7.4 7.4 7.4 7.3 7.0 6.7 6.8 6.9 6.9 6.9 6.9 74.2 66.6 66.5 66.6 69.1 69.1 66.5 66.6 69.2 69.1 71.7 74.3 64.0 74.2 66.7 74.3 56.6 69.2 74.5 69.1 69.1 66.6 74.3 gdpdls.doc • rev. 09/15/15 Groundwater Permit Daily Log Sheet • Page 1 of 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit DISCHARGE MONITORING REPORT 1746 1. Permit Number J 2. Tax identification Number 12022 AUG MONTHLY 3. Sampling Month & Frequency Important:When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Facility Information 1. Facility name, address: !PLEASANT BAY HEALTH CTR a. Name 383 SOUTH ORLEANS ROAD b. Street Address 'BREWSTER IMA c. City d. State 2. Contact information: 102631 e. Zip Code JOSEPH SMITH a. Name of Facility Contact Person 17742125005 Jjsmith@NSUWater.com b. Telephone Number c. e-mail address 3. Sampling information: 18/18/2022 'ALPHA ANALYTICAL a. Date Sampled (mm/dd/yyyy) b. Laboratory Name !ALPHA ANALYTICAL PERSONNEL c. Analysis Performed By (Name) B. Form Selection r3 1. Please select Form Type and Sampling Month & Frequency 1 Discharge Monitoring Report - 2022 Aug Monthly - All forms for submittal have been completed. 2. This is the last selection. 3. 1 Delete the selected form. gdpdls 2015-09-15.doc • rev. 09/15/15 Groundwater Permit Daily Log Sheet • Page 1 of 1 746 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit DISCHARGE MONITORING REPORT 1. Permit Number I2. Tax identification Number 2022 AUG MONTHLY 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) • NS = Not Sampled 1. Parameter/Contaminant Units BOD MG/L TSS MG/L TOTAL SOLIDS MG/L AMMONIA -N MG/L NITRATE -N MG/L TOTAL NITROGEN(NO3+NO2+TKN) MG/L OIL & GREASE MG/L FECAL COLIFORM /100 ML CHLORIDE MG/L 2. Influent 1180 85 460 15.7 3. Effluent ND ND 1250 5.2 6.44 ND 15 49 4. Effluent Method Detection limit 2.0 5.0 10 0.10 10.450 3.6 2.0 1.0 infeffrp-blank.doc • rev. 09/15/15 Groundwater Permit Discharge Monitoring Report • Page 1 of 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit MONITORING WELL DATA REPORT 746 1. Permit Number 2. Tax identification Number 2022 AUG MONTHLY 3. Sampling Month & Frequency Important:When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. A. Facility Information 1. Facility name, address: PLEASANT BAY HEALTH CTR a. Name 1383 SOUTH ORLEANS ROAD b. Street Address (BREWSTER c. City 2. Contact information: JMA 102631 d. State e. Zip Code JOSEPH SMITH a. Name of Facility Contact Person 7742125005 Jjsmith@NSUWater.com b. Telephone Number c. e-mail address 3. Sampling information: 18/10/2022 a. Date Sampled (mm/dd/yyyy) JBEA NSU PERSONNEL c. Analysis Performed By (Name) INOT APPLICABLE b. Laboratory Name B. Form Selection 1. Please select Form Type and Sampling Month & Frequency 1 Monitoring Well Data Report - 2022 Aug Monthly j- All forms for submittal have been completed. 2. 1;" This is the last selection. 3. - Delete the selected form. gdpdls 2015-09-15.doc • rev. 09/15/15 Groundwater Permit Daily Log Sheet Page 1 of 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit MONITORING WELL DATA REPORT 746 1. Permit Number 2. Tax identification Number 2022 AUG 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. Parameter/Contaminant DG -1 Units Well #: 1 DG -2 DG -4 UG-1 Well #: 2 Well #: 3 Well #: 4 PH 15.99 116.70 S.U. STATIC WATER LEVEL FEET SPECIFIC CONDUCTANCE UMHOS/C 10.94 280.2 11.04 356.7 7.02 11.00 380.1 6.58 94.4 Well #: 5 Well #: 6 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 746 1. Permit Number 2. Tax identification Number Important:When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Any person signing a document under 314 CMR 5.14(1) or (2) shall make the following certification If you are filing electronic -ally and want to attach additional comments, select the check box. r Facility Information PLEASANT BAY HEALTH CTR a. Name 383 SOUTH ORLEANS ROAD b. Street Address 'BREWSTER c. City Certification 'MA 102631 d. State e. Zip Code "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that the are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." !SAMANTHA FARRENKOPF 19/19/2022 a. Signature b. Date (mm/dd/yyyy) Reporting Package Comments BENNETT ENVIRONMENTAL ASSOCIATES, LLC. (BEA) HAS COMPLETED THE AUGUST 2022 MONTHLY INFLUENT AND EFFLUENT SAMPLING OF THE AMPHIDROME WASTEWATER TREATMENT SYSTEM. MONTHLY WASTEWATER SAMPLING WAS COMPLETED ON 8/18/22. 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 THROUGHOUT THE MONTH. THE MINIMUM, MAXIMUM AND AVERAGE GPD FLOWS REPORTED OVER THE COURSE OF THE MONTH WERE 4,496 GPD, 15,600 GPD AND 10,751 GPD, RESPECTIVELY. gdpdls 2015-09-15.doc • rev. 09/15/15 Groundwater Permit- Page 1 of 1 BENNETT ENVIRONMENTAL ASSOCIATES, LLC. A NATURAL SYSTEMS UTILITIES COMPANY LICENSED SITE PROFESSIONALS * ENVIRONMENTAL SCIENTISTS * GEOLOGISTS * ENGINEERS 1573 Main Street, Brewster, MA 02631 * 508-896-1706 * Fax 508-896-5109 * www.bennett-ea.com LETTER OF TRANSMITTAL TO: Massachusetts Department of Environmental Protection Attention: Title 5 Program 1 Winter Street - 6th Floor Boston, MA 02108 SHIPPING METHOD: Regular Mail Mail Express Mail Certified Mail E Pick Up Priority Hand Deliver Other Green Card/RR DATE: 9/26/22 REGARDING: JOB NUMBER: K11090DA.S.IA.700 Middleton Residence 17 Russell's Path Brewster, MA 02631 COPIES DATE DESCRIPTION 1 DEP Approved Inspection and O&M Form for Title 5 I/A Treatment and Disposal Systems (November 2021, April 2022) 1 SeptiTech inspection form (November 2021, April 2022) 1 11/12/21 Alpha Analytical Laboratory report 1 4/27/22 Alpha Analytical Laboratory report For review and comment: 0 For approval: 0 REMARKS: As requested: 0 For your use: g Please find enclosed the DEP Inspection and O&M Forms, Waterloo Biofilter inspection forms, and laboratory results for operation and maintenance conducted during the reporting period for the above referenced property. If you have any questions or require additional information, please contact us at your earliest convenience. Thank you. cc: Brewster Board of Health [via email] Noreen and Joseph Middleton, Property Owners [via email] FROM: Samantha Farrenkopf, Innovative Alternative Program Supervisor If enclosures are not as noted, kindly notify us at once 111 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. Nan Xo 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 Noreen & Joseph Middleton Owner 17 Russell's Path Facility Street Address Brewster City Mailing address of owner, if different: 85 Elm Street Street Address/PO Box: Milton 02631 Zip City (617) 549 - 2274 ext. Telephone Number MA State 02186 Zip B. Authorized Service Provider Bennett Environmental Associates, LLC O&M Firm 1573 Main Street Street Address Brewster MA 02631 City State Zip (508) 896 - 1706 ext. 1140 ,,Telephone Number Joseph Smith 12529 Certified Operator Name Certification Number C. Facility/System Information Clearwater Industries DEP ID Unknown Installation Date Manufacturer ID Approval Type: ❑ General ® Provisional Seasonal Residence — used less than 6 mo./year: 8/22/2005 Start of Operation ❑ Piloting ® Yes Waterloo Biofilter Model Number ❑ Remedial ❑ No D. Operating Information 11/1/21 Inspection Date Sludge Depth (to be checked yearly) 4/1/21 Previous Inspection Date Pumping Recommended ❑ Yes ® No Page 1 of 3 t5aiom.doc • rev. 04-11-13 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 ❑ turbid ❑ Other (specify): Odor: ® musty ❑ earthy ❑ moldy ❑ offensive ❑ turbid Effluent Solids: ® no ❑ some pH 7.23 SU DO 2.5 mg/L Turbidity 1.60 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) Nitrate Nitrite TKN Other 1 Other 2 Other 3 G. Inspection and Maintenance Description of any maintenance performed since previous inspection & during this inspection: Conduct an operation and monitoring event. Collect effluent samples for field testing and laboratory analysis. Notes and Comments: All mechanical components of the system are operating correctly. Effluent quality passed field testing parameters. t5aiom.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 I/A 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 Massachusetts certified operator in accordance with 257 CMR 2.00. U", •41k 9/26/22 Operator Signature Date 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 31St of each year for the previous calendar year Piloting Use - within 45 days of inspection date Provisional Use — by March 31th of each year for the previous 12 months General Use — by September 30th of each year for the previous 12 months Send to: Department of Environmental Protection Attention: Title 5 Program One Winter Street, 5th Floor Boston, MA 02108 t5aiom.doc • rev. 04-11-13 Page 3 of 3 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 4 1NAM X i • 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 Noreen & Joseph Middleton Owner 17 Russell's Path Facility Street Address Brewster City Mailing address of owner, if different: 85 Elm Street Street Address/PO Box: Milton MA City State (617) 549 - 2274 ext. Telephone Number 02631 Zip 02186 Zip B. Authorized Service Provider Bennett Environmental Associates, LLC O&M Firm 1573 Main Street Street Address Brewster City State (508) 896 - 1706 ext. 1140 Telephone Number Joseph Smith Certified Operator Name MA 12529 Certification Number 02631 Zip C. Facility/System Information Clearwater Industries DEP ID Unknown Installation Date Manufacturer ID Approval Type: ❑ General ® Provisional Seasonal Residence — used less than 6 mo./year: 8/22/2005 Start of Operation ❑ Piloting Waterloo Biofilter Model Number ❑ Remedial ® Yes ❑ No D. Operating Information 4/13/22 Inspection Date Sludge Depth (to be checked yearly) 11/1/21 Previous Inspection Date Pumping Recommended ❑ Yes ® No t5aiom.doc • rev. 04-11-13 Page 1 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 ❑ turbid ❑ Other (specify): Odor: ® musty Effluent Solids: 6.70 SU pH 6to9 ❑ no ❑ earthy ❑ moldy ❑ offensive ❑ turbid some DO 3.0 mg/L Turbidity 3.43 NTU 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) Nitrate Nitrite TKN Other 1 Other 2 Other 3 G. Inspection and Maintenance Description of any maintenance performed since previous inspection & during this inspection: Conduct an operation and monitoring event. Collect effluent samples for field testing and laboratory analysis. Notes and Comments: All mechanical components of the system are operating correctly. Effluent quality passed field testing parameters. t5aiom.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 I/A 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 Massachusetts certified operator in accordance with 257 CMR 2.00. 9/26/22 Operator Signature Date 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 31st of each year for the previous calendar year Piloting Use - within 45 days of inspection date Provisional Use — by March 31th of each year for the previous 12 months General Use — by September 30th 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.doc • rev. 04-11-13 Page 3 of 3 4/$/2021 Permitlnspections E3arnstab1'k S_r ty °otmty `� i;+.i 114age �i 'it u "9` cogram ii a.J Samantha Farrenkopf - Bennett Environmental Associates, LLC Main Submit My Clients My Reports Help 3:42 pm [Home > inspections > Submit Inspection Go Back Search Results Start Over } 1141 Permit Details Permit Number Address Owner Name Startup Date BREW-Rus017-Wat 17 Russells Path, Brewster Joseph and Noreen Middleton 08/22/2005 inspection Details Component Inspection Date* Inspection Time* Operator Name* Operator License Number Waterloo Biofilter- Biofilter 4i:ic2^ryra-'+; q""i p nil Field Testing Color Odor Effluent Solids pH Dissolved Oxygen (D.0) Turbidity Settleable Solids May lvf1LC 10 0 t,t9-5.0 (% •( i, • ►z Site Conditions Seasonal Residence Air Temperature Weather Conditions 37.0 I� -10 Operating Information Sludge Depth Scum Layer Thickness Pumping Recommended? 0 vi Soil Absorption System Observations Signs of breakout? Depth of Ponding SAS Ponding Above Invert -- Select — V I - Select-- v 1 Maintenance Issues Any apparent violations of the approval? !No --s;j. Any cleaning or lubrication performed? hltps://septic.barnstablecountyhealth.org/app/permit inspections/submit 1 113 4/8/2021 N Any adjustments of control settings? Any testing of pumps, switches or alarms? Any equipment failures? Any parts replaced? Any further recommended corrective actions? PermitInspections Ii1SpOt.:arHI i -r)nl});"Cif-�li Was this inspection fully completed?* i )iher Comments Inspection Details Waterloo Biofilter Model - Biofilter Water meter reading Septic Tank Clean effluent filter Scum Depth Sludge Depth Pump Chamber Pump F1 -O -A setting Pump timer settings Elapsed time meter Event counter Test alarm Exercise pump Test & clean floats Tank condition Waterloo Biofilter Chamber pArru 1r -or 1511_1 Item osa ump Recirculation Pump�� (if present) Pump H -O -A setting 0 era v Pump timer settings Elapsed time meter q-` t mc�•.11 ¶ Event counter 1943 TOWi Test alarm 1 " ‘fl-,5 pump 4057 Yra Test & dean floats 16 1 v6 Tank condition Foam medium condition Check spray nozzles https://septic.barnstablecountyhealth.org/app/permit_inspectiions/submit 2/3 4/3/2021 Fan condition , Effluent description Comments Submit Inspection Permitlnspections ocky-D 761 Q(/35 - Sysr�n� s met, WAN-) `ma c C9`Q irvZ P--7 (‘-6 C°,(L t -C1 - SAriU& CoLccc-7 el) https://septic.barnstablecountyhealth. org/app/permit_inspecti ons/submit 3/3 4/8/2021 Permitlnspections Barnstable County Septic Management Program Samantha Farrenkopf - Bennett Environmental Associates, LLC Main Submit My Clients My Reports Help 3:42 pm Home > Inspections > Submit Inspection A G> 1+ Go Back Search Results Start Over Permit Details Permit Number BREW-Rus017-Wat Address 17 Russells Path, Brewster Owner Name Joseph and Noreen Middleton Startup Date 08/22/2005 Inspection Details Component Waterloo Biofilter - Biofilter v Inspection Date* cAApril v -Ij v - 202 v Inspection Time* v':so, Y Operator Name* ( J Cal toe Operator License Number* I .4O7 Field Testing Color --Seljx(-f-/ar2 v Odor -- SplAU/ cel Effluent Solids c: ` ' Dissolved Oxygen (D.0) 7• V `d 403 - 0 re -do - 0 • fr- Turbidity 'b, as - Of Settleable Solids lAT11 Site Conditions Seasonal Residence --$e v Vww. eOVN-Q Air Temperature 6V ' v Weather Conditions H Operating Information Sludge Depth ,6 Nby, vs►1 Scum Layer Thickness 1 d 1�� Pumping Recommended? No Y i • Soil Absorption System Observations Signs of breakout? -- Select -- v I Depth of Ponding SAS Ponding Above Invert / -- Select - v Maintenance Issues Any apparent violations of the approval? Any cleaning or lubrication performed? https:/lseptic.barnstablecountyhealth.org/app/permit_i nspections/submit No v 1/3 4/8/2021 Permitlnspections \o v4 Any adjustments of control settings? Any testing of pumps, switches or alarms? Any equipment failures? Any parts replaced? Any further recommended corrective actions? Inspection Completion Was this inspection fully completed?* Yes Other Comments I' Inspection Letaiis Waterloo Biofilter Model - Biofilter Water meter reading Septic Tank Clean effluent filter Scum Depth Sludge Depth Pump Chamber Pump H -O -A setting Pump timer settings `y Elapsed time meter Event counter Test alarm Exercise pump Test & clean floats Tank condition Waterloo Biofilter Chamber I . .. Item Pump I -1 -O -A setting Pump timer settings Elapsed time meter Event counter Test alarm Exercise pump Test & clean floats Tank condition Foam medium condition Check spray nozzles AtiOl Mei 1 I 1 -- --400-0 Recirculation Pump (if present) https://septic.barnstablecountyheallh.org/app/permit_inspections/submit 2/3 ` 4/8/20211 Fan condition Effluent description Comments Submit Inspection Permitlnspections -(etc Te-s7 00-0-6 - /- /v. _ _ age cif "ler-zfgt VW/0 - 5 Cs C t?&J T Lcs 7 • https://septic.barnstablecountyhealth.org/app/permit_inspections/submit 3/3 Serial No:11122120:23 ANALYTICAL REPORT Lab Number: L2160113 Client: Bennett Environmental Associates 1573 Main Street Brewster, MA 02631 ATTN: Samantha Farrenkopf Phone: (508) 896-1706 Project Name: MIDDLETON RESIDENCE Project Number: K11090DA.S.IA.700 Report Date: 11/12/21 The original project report/data package is held by Alpha Analytical. This report/data 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. Certifications & Approvals: MA (M-MA086), NH NELAP (2064), CT (PH -0574), IL (200077), ME (MA00086), MD (348), NJ (MA935), NY (11148), NC (25700/666), PA (68-03671), RI (LA000065), TX (T104704476), 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 ,vi:i?t;a Page 1 of 16 BENNETT ENVIRONMENTAL ASSOCIATES, LLC. A NATURAL SYSTEMS UTILITIES COMPANY LICENSED SITE PROFESSIONALS * ENVIRONMENTAL SCIENTISTS * GEOLOGISTS * ENGINEERS 1573 Main Street, Brewster, MA 02631 * 508-896-1706 * Fax 508-896-5109 * www.bennett-ea.com LETTER OF TRANSMITTAL TO: Massachusetts Department of Environmental Protection Attention: Title 5 Program 1 Winter Street - 6th Floor Boston, MA 02108 SHIPPING METHOD: Regular Mail Mail Express Mail Certified Mail Pick Up Priority Hand Deliver Other Green Card/RR DATE: 9/15/22 REGARDING: JOB NUMBER: K10885DA.S.IA.700 Cash Residence 320 Satucket Road Brewster, MA 02631 COPIES DATE DESCRIPTION 1 DEP Approved Inspection and O&M Form for Title 5 I/A Treatment and Disposal Systems (November 2021; January, April and August 2022) 1 Singulair Service Check List (November 2021; January, April and August 2022) 1 11/12/21 Alpha Analytica Laboratory Report 1 11/12/21 Alpha Analytica Laboratory Report [influent characterization] 12/9/21 Alpha Analytica Laboratory Report [influent characterization] 11 2/2/22 Alpha Analytica Laboratory Report 1 4/27/22 Alpha Analytica Laboratory Report 1 8/23/22 Alpha Analytica Laboratory Report For review and comment: ❑ For approval: ❑ REMARKS: As requested: 0 For your use: 0 Please find enclosed the DEP Inspection and O&M Forms, Singulair Service Checklists, and laboratory analytical results for operation and maintenance conducted at the above referenced property during the reporting period. If you have any questions or require additional information, please contact us at your earliest convenience. Thank you. cc: Celeste Cash - Property Owner [via email] Norweco [via email] FROM: Samantha Farrenkopf, Innovative Alternative Program Supervisor If enclosures are not as noted, kindly notify us at once Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. [J- 0 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 Celeste Cash Owner 320 Satucket Road Facility Street Address Brewster City Zip 02631 Mailing address of owner, if different: Street Address/PO Box: City (508) 385 - 2355 ext. Telephone Number State Zip B. Authorized Service Provider Bennett Environmental Associates, LLC O&M Firm 1573 Main Street Street Address Brewster MA 02631 City (508) 896 - 1706 ext. 1140 Telephone Number Joseph Smith Certified Operator Name Certification Number State Zip 12529 C. Facility/System Information Norweco Singulair 960-750 GPD DEP ID Unknown Installation Date Start of Operation Approval Type: ❑ General ® Provisional ❑ Piloting ❑ Remedial Manufacturer ID Model Number 5/14/2013 Seasonal Residence — used less than 6 mo./year: ❑ Yes ®No D. Operating Information 11/1/21 7/14/21 Inspection Date Previous Inspection Date Pumping Recommended ❑ Yes ® No Sludge Depth (to be checked yearly) t5aiom.doc • rev. 04-11-13 Page 1 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 ❑ turbid cloudy ® Other (specify): Odor: ® musty ❑ earthy ❑ moldy ❑ offensive ❑ turbid Effluent Solids: ® no ❑ some 7.29 pH 6 to 9 SU DO 2 or greater Turbidity 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. 31.6 NTU 40 or less 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) Nitrate Nitrite Other 1 Other 2 TKN Other 3 G. Inspection and Maintenance Description of any maintenance performed since previous inspection & during this inspection: Conduct operation and maintenance event. Collect effluent samples for field testing and laboratory analysis. Notes and Comments: All mechanical components of the system are operating correctly. Effluent quality passed field testing. t5aiom.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 I/A 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 Massachusetts certified operator in accordance with 257 CMR 2.00. 9/15/22 Operator Signature Date 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 31st of each year for the previous calendar year Piloting Use - within 45 days of inspection date Provisional Use — by March 31 th of each year for the previous 12 months General Use — by September 30th of each year for the previous 12 months Send to: Department of Environmental Protection Attention: Title 5 Program One Winter Street, 5th Floor Boston, MA 02108 t5aiom.doc • rev. 04-11-13 Page 3 of 3 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key 4 Nun X, 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 Celeste Cash Owner 320 Satucket Road Facility Street Address Brewster City Zip Mailing address of owner, if different: 02631 Street Address/PO Box: City (508) 385 - 2355 ext. Telephone Number State Zip B. Authorized Service Provider Bennett Environmental Associates, LLC O&M Firm 1573 Main Street Street Address Brewster MA 02631 City (508) 896 - 1706 ext. 1140 Telephone Number Joseph Smith Certified Operator Name Certification Number State Zip 12529 C. Facility/System Information Norweco Singulair 960-750 GPD DEP ID Unknown Installation Date Manufacturer ID Model Number 5/14/2013 Start of Operation Approval Type: ❑ General ® Provisional ❑ Piloting ❑ Remedial Seasonal Residence — used less than 6 mo./year: ❑ Yes ® No D. Operating Information 1/20/22 11/21/21 Inspection Date Previous Inspection Date Pumping Recommended ❑ Yes ® No Sludge Depth (to be checked yearly) t5aiom.doc • rev. 04-11-13 Page 1 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 ❑ turbid cloudy ® Other (specify): Odor: ® musty ❑ earthy ❑ moldy ❑ offensive ❑ turbid Effluent Solids: ® no ❑ some H 7.38 SU 2.0 mg/L 20.3 NTU P 6 to 9 DO 2 or greater Turbidity 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) Nitrate Nitrite TKN Other 1 Other 2 Other 3 G. Inspection and Maintenance Description of any maintenance performed since previous inspection & during this inspection: Conduct operation and maintenance event. Collect effluent samples for field testing and laboratory analysis. Notes and Comments: All mechanical components of the system are operating correctly. Effluent quality passed field testing parameters. t5aiom.doc • rev. 04-11-13 Page 2 of 3 L-1 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 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 Massachusetts certified operator in accordance with 257 CMR 2.00. ') 9/15/22 Operator Signature Date 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 31st of each year for the previous calendar year Piloting Use - within 45 days of inspection date Provisional Use — by March 31 th of each year for the previous 12 months General Use — by September 30th of each year for the previous 12 months Send to: Department of Environmental Protection Attention: Title 5 Program One Winter Street, 5th Floor Boston, MA 02108 t5aiom.doc • rev. 04-11-13 Page 3 of 3 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key. 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 Celeste Cash Owner 320 Satucket Road Facility Street Address Brewster City Mailing address of owner, if different: 02631 Zip Street Address/PO Box: City State (508) 385 - 2355 ext. Telephone Number Zip B. Authorized Service Provider Bennett Environmental Associates, LLC O&M Firm 1573 Main Street Street Address Brewster City State (508) 896 - 1706 ext. 1140 Telephone Number Joseph Smith Certified Operator Name MA 02631 12529 Certification Number Zip C. Facility/System Information Norweco DEP ID Unknown Installation Date Singulair 960-750 GPD Manufacturer ID Model Number Approval Type: ❑ General Seasonal Residence — used less than 6 mo./year: 5/14/2013 Start of Operation ® Provisional ❑ Piloting ❑ Remedial ❑ Yes ® No D. Operating Information 4/13/22 1/20/22 Inspection Date 6" sludge, 1" scum Sludge Depth (to be checked yearly) Previous Inspection Date Pumping Recommended ❑ Yes ® No t5aiom.doc • rev. 04-11-13 Page 1 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 ❑ turbid ❑ Other (specify): Odor: ❑ musty ❑ earthy ❑ moldy ❑ offensive ❑ turbid Effluent Solids: ❑ no ❑ some pH 6.70 SU DO 3.0 mg/L Turbidity 34.7 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) Nitrate Nitrite TKN Other 1 Other 2 Other 3 G. Inspection and Maintenance Description of any maintenance performed since previous inspection & during this inspection: Conduct operation and maintenance event. Collect effluent samples for field testing and laboratory analysis. Notes and Comments: All mechanical components of the system are operating correctly. Effluent quality passed field testing parameters. t5aiom.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 I/A 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 Massachusetts certified operator in accordance with 257 CMR 2.00. 9/15/22 Operator Signature Date 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 31st of each year for the previous calendar year Piloting Use - within 45 days of inspection date Provisional Use — by March 31th of each year for the previous 12 months General Use — by September 30th of each year for the previous 12 months Send to: Department of Environmental Protection Attention: Title 5 Program One Winter Street, 5th Floor Boston, MA 02108 p,. t5aiom.doc • rev. 04-11-13 Page 3 of 3 Important: When filling out forms on the computer, use only the tab key to move your cursor - do not use the return key 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 Celeste Cash Owner 320 Satucket Road Facility Street Address Brewster City Zip Mailing address of owner, if different: 02631 Street Address/PO Box: City State Zip (508) 385 - 2355 ext. Telephone Number B. Authorized Service Provider Bennett Environmental Associates, LLC O&M Firm 1573 Main Street Street Address Brewster MA 02631 City State Zip (508) 896 - 1706 ext. 1140 Telephone Number Joseph Smith Certified Operator Name Certification Number 12529 C. Facility/System Information Norweco Singulair 960-750 GPD DEP ID Manufacturer ID Model Number Unknown 5/14/2013 Installation Date Start of Operation Approval Type: ❑ General ® Provisional ❑ Piloting ❑ Remedial Seasonal Residence — used less than 6 mo./year: ❑ Yes ® No D. Operating Information 8/9/22 4/13/22 Inspection Date Previous Inspection Date Pumping Recommended ❑ Yes ® No Sludge Depth (to be checked yearly) t5aiom.doc • rev. 04-11-13 Page 1 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 ❑ turbid Cloudy ® Other (specify): Odor: ® musty ❑ earthy ❑ moldy ❑ offensive ❑ turbid Effluent Solids: pH ❑ no ® some 7.14 SU DO 2.0 mg/L Turbidity 6 to 9 2 or greater 59.4 NTU 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) Nitrate Nitrite TKN Other 1 Other 2 Other 3 G. Inspection and Maintenance Description of any maintenance performed since previous inspection & during this inspection: Conduct operation and maintenance event. Collect effluent samples for field testing and laboratory analysis. Notes and Comments: All mechanical components of the system are operating correctly. Effluent quality failed field testing parameters due to high turbidity. t5aiom.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 I/A 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 Massachusetts certified operator in accordance with 257 CMR 2.00. 9/15/22 Operator Signature Date 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 31St of each year for the previous calendar year Piloting Use - within 45 days of inspection date Provisional Use — by March 31th of each year for the previous 12 months General Use — by September 30th of each year for the previous 12 months Send to: Department of Environmental Protection Attention: Title 5 Program One Winter Street, 5th Floor Boston, MA 02108 t5aiom.doc • rev. 04-11-13 Page 3 of 3 6/8/2020 PermitInspections Barnstable County e} ptic Managetnent Program Samantha Farrenkopf - Bennett Environmental Associates, LLC Main Submit My Clients My Reports Help Home.> inspections > Submit Inspection Go Back I Search Results start Permit Details Permit Number BREW-Sat320-Sin Address 320 Satucket Road, Brewster Owner Name Celeste Cash Startup Date 05/14/2013 Inspection Details Component • Singulair Bio-Kinetic WWT System - 960DN-600 v Inspection Date* i hi I l (2 (---- Inspection Time* ( k 1;4 S Operator Name* (r -M Operator License Number* ( J Field Testing Color -Select- v1 CL.OuIy / Odor -- Select -- v my Sly . Effluent Solids - Select - v f MJ-'- 4 Mil,_ - pH Dissolved Oxygen (D.0) —1, 1A - y Turbidity V. 7 /►�0 ls�. , ikt, . -- -1 Settleable Solids ( /L(9 n.(i lei? 21.5" Site Conditions • Seasonal Residence ( ec - yE42_ (2-(9_ • Air Temperature Weather Conditions L 0 Operating Information 'Sludge Depth �— -1A _ --X61—bfb1-4. .._g Scum Layer Thickness ( 9 Pumping Recommended? (No v Soil Absorption System Observalians Signs of breakout? --Select- v , Depth of Ponding p - / SAS Ponding Above Invert --Select- v Maintenance Issues Any apparent violations of the approval? o Anv cleaning or lubrication performed? 6/8/2020 Permitlnspections (No vi Any adjustments of control settings? C"' Any testing of pumps, switches or alarms? ille—V:: y Any equipment failures? o vJ Any parts replaced? •. , Any further recommended corrective actions? lam' Inspection Completion Was this inspection fully completed?* Yes v Other Comments Inspection Details Singulair Bio-Kinetic WWT System Model - 960DN-600 First Chamber Remove concrete cover, check for normal water level Check sludge depth after second year of operation V. Second Chamber Remove concrete cover 0' Control Center Open and set to "CONT' position icK Second Chamber Check air flow through aerator Unplug aerator and lift out Q-' Check for worn rubber pads l3k- Check for wear or problems l►V Check wire in riser for chafing, tape if needed l* Wash off aerator, put it back N/.I I Hook up ammeter, check current with aerator running, remove pigtail Ai Third Chamber Remove concrete cover and remove filter top 12K Turn in black locking tabs ri-.) * Install pump and start pumping from filter to first chamber. Lift filter with rope as necessary Q/ Lift out filter, put in tub Q, Clean outside of filter with water, drain back to first chamber g/ Set filter upright in tub, run clean water into it until the water flows out of the hole in the flange. lnserd compressed air hose and agitate with air. (a" Keep agitating with clean water slowly fioring until the exiting water Is clear (- Finish hosing down filter 111/ Scrape hopper tf.. Apply lubricant to filter flange GY Place filter in place, fill with clean water and sink It Ilk Turn out locking tabs, replace filter cover Q' Replace concrete cover 0/ https://septic.barnstabiecountyheaith.org/app/permit_inspections/submit 2/3 6/8/2020 First Chamber Replace concrete cover Second Chamber Plug in aerator Coil wire so it Is not in contact with anything Replace concrete cover Control Center Put switch on "AUTO" position Close and lock cover Read and record hour meter Paperwork Leave notice of service with owner Note in company file and irregularity or problem Indicate if any follow-up is necessary Be sure to complete file on service, return it to office Permitlnspections Submit Inspection ztiAv ��`"'% cam. 69cC- c7 ter` ' (P16 Te-brrc , 6/8/2020 Permitlnspections Barnstable County Septic Management Program Samantha Farrenkopf - Bennett Environmental Associates, LLC Main Submit My Clients My Reports Help 1:16 pm Go Back Search Results Start Over Permit Number Address Owner Name Startup Date BREW-Sat320-Sin 320 Satucket Road, Brewster Celeste Cash 05/14/2013 Component Inspection Date* Inspection Time* Operator Name* Operator License Number* Singulair Bio-Kinetic WWT System - 960DN-600 j 1 v Field Testing Color I - Selaet•="— V I Cw aSa/ Odor I--> `�I Effluent Solids pH Dissolved Oxygen (D.0) Turbidly Settleable Solids i • 3 M9' 4) (zS Seasonal Residence Air Temperature Weather Conditions I --Select =- V I ta— t� • Operating Information Sludge Depth Scum Layer Thickness Pumping Recommended? - I0 ^ I u Signs of breakout? Depth of Ponding SAS Ponding Above Invert -_ Select= vJ Any apparent violations of the approval? Any cleaning or lubrication performed? https://septic. barnsta blecountyhealth. org/app/p ormit_inspections/submit 1/3 6/8/2020 INo v Any adjustments of control settings? v_ i Any testing of pumps, switches or alarms? 1do Y_` `/bb, Any equipment failures? l�_ �1yi Any parts replaced? '�=�' v ' Any further recommended corrective actions? 69 Y Inspection Completion Was this inspection fully completed?* (fe Permitlnspections Other Comments Inspection Details Singulair Bio-Kinetic WWT System Model - 960DN-600 First Chamber Remove concrete cover, check for normal water level Check sludge depth after second year of operation Second Chamber Remove concrete cover Control Center Open and set to "CANT" position Second Chamber Check air flow through aerator Unplug aerator and Ilftout Check for worn rubber pads Check for wear or problems Check wire In riser for chafing, tape if needed Wash off aerator, put it back Hook up ammeter, check current with aerator running, remove pigtail Third Chamber Remove concrete cover and remove filter top Turn in black locking tabs Install pump and start pumping from filter to first chamber. Lift filter with rope as necessary Lift out filter, put in tub Clean outside of filter with water, drain back to first chamber Set filter upright in tub, run clean water into it until the water flows out of the hole in the flange. Inserd compressed air hose and agitate with air. Keep agitating with clean water slowly floring until the exiting water is clear I Finish hosing down filter I I Scrape hopper Apply lubricant to filter flange Place filter In place, fill with clean water and sink it Turn out locking tabs, replace filter cover Replace concrete cover httos://septic. barnstable cou ntyhealth.org/app/permit_inspections/submit 6/8/2020 First Chamber Replace concrete cover Second Chamber Plug in aerator Coil wire so it is not in contact with anything Replace concrete cover Control Center Put switch on "AUTO" position Close and lock cover Read and record hour meter Paperwork Leave notice of service with owner Note In company file and Irregularity or problem Indicate if any follow-up is necessary 13e sure to complete file on service, return It to office Permitlnspections Ggr Ca - Cg' 8 Submit Inspection 7 PPSS cSf 67C:1' % r iv-UV-IA/v. tc,4 C:¢ C'`'S C o u,et-760 tF=;2 https://septic.barnstablecountyhealth.org/app/permit_ inspections/submit 3/3 6/8/2020 Permitlnspections :lam hiManagernenit Rd`oCjjratri Ii Samantha Farrenkopf - Bennett Environmental Associates, LLC Main Submit My Clients My Reports Help 1:16 pm iogr Home > Inspections > Submit Inspection 0 > *. Go Back ' Search Results Start Over Permit Details Permit Number BREW Sat320-Sin Address 320 Satucket Road, Brewster Owner Name Celeste Cash Startup Date 05/14/2013 Inspection Details Component Singulair Bio-Kinetic WWT System - 9600N-600 v ^ Inspection Date* t ij it- Inspection Time* f 6t:3n Operator Name* I t_ � .�—N Operator License Number* l —?_/ "rr p1 t Field Testing Color 1-_seleet-' — Odor (-- vj Effluent Solids �ect — vi pH -` ( JD IA /-"it,— ''r 0 Dissolved Oxygen (D.0) ( 3 o e ,W. — '7& c. _, x Turbidity �- a7:7 --_l9 m i Settleable Solids ( /t)c.L&h! J Site Conditions Seasonal Residence (— selec-t-----v1 i —16 Air Temperature ( '— Weather Conditions r JA Operating Information Sludge Depth ( �ptl _DA Scum Layer Thickness JO Pumping Recommended? o vJ Soil Absorption System Observations Signs of breakout? (— Select -- v Depth of Ponding ( 1 SAS Ponding Above Invert F. -Select — vj Maintenance issues ". Any apparent violations of the approval? r , j Any cleaning or lubrication performed? 1/3 https://septic.barnstablecounlyhealth.org/app/permit inspections/submit 6/8/2020 1 Permitlnspections Any adjustments of control settings? t Any testing of pumps, switches or alarms? v) kb Any equipment failures? 0:D J Any parts replaced? 1 ' j Any further recommended corrective actions? 6) v ) Inspection Completion Was this inspection fully completed?* Yes Other Comments Inspection Details Singulair Bio-Kinetic WWT System Model - 960DN-600 First Chamber Remove concrete cover, check for normal water level lam" Check sludge depth after second year of operation Q/ Second Chamber Remove concrete cover IS/ Control Center ^ Open and set to "CONT" position 11/ Second Chamber Check air flow through aerator L/ Unplug aerator and lift out DJ Check for worn rubber pads L__�,/ Check for wear or problems iJ' Check wire In riser for chafing, tape if needed E( Wash off aerator, put it back lzi Hook up ammeter, check current with aerator running, remove pigtail 4 Third Chamber Remove concrete cover and remove filter top I, Turn in black locking tabs Li Install pump and start pumping from filter to first chamber. Lift filter with rope as necessary lY Lift out filter, put in tub Clean outside of filter wllh water, drain back to first chamber Q/ Set filter upright in tub, run clean water Into It until the water flows out of the hole In the flange. Inserd compressed air hose and agitate with air. cai Keep agitating with clean water slowly flaring unlit the exiting water is clear G7/ Finish hosing down filter 1:1g/ Scrape hopper U Apply lubricant to filter flange ,a Place filter in place, fill with clean water and sink it Ly Turn out locking tabs, replace filter cover Irg/ Replace concrete cover https://septic.ba mstablecou n tyhealth.org/app/permit_inspections/su bm it 2/3 6/8/2020 First Chamber Replace concrete cover Second Chamber Plug in aerator Coil wire so it is not in contact with anything Replace concrete cover Control Center Put switch on "AUTO" position Close and lock cover Read and record hour meter Paperwork Leave notice of service with owner Note in company file and irregularity or problem Indicate if any follow-up is necessary Be sure to complete file on service, return It to office Permitlnspections gGki - Submit Inspection / CR pJ turtfy Odatscri Spiwt g C C7 O (AG 7v1- htlps://septic.barnstablecountyhealth.org/app/permit_inspections/submit 3/3 6/8/2020 Permitlnspections l._ 16°Gil ,1: bEle County SerNe, Manager/ -cent Program Samantha Farrenkopf - Bennett Environmental Associates, LLC 1:16 pm Main Submit My Clients My Reports Help Home > Inspections > Submit Inspection 0 J 4y, Go Back l Search Results I Start Over Permit Details Permit Number BREW-Sat320-Sin Address 320 Satucket Road, Brewster Owner Name Celeste Cash Startup Date 05/14/2013 Inspection Details Component Singulair Bic -Kinetic WINE System - 960DN-600 v Inspection Date* I /5/Lt_ Inspection Time* ( ID:',( Operator Name* 3 r �� ro4,..) J Operator License Number* /5. 3 zc Field Testing Color -Select -- Odor 1- Select - v J Effluent Solids (--Select- v No s - J i);1‘.4 w4,_a) pH C %/y Ja wk.) L . /7 I.Ole- S5 Dissolved Oxygen (D.0) ( .Z ,c'' Jo 7e_d,,ls" - g v 6:,.., di - Turbidity r b 0 ,4-I ( - / V- _ Settleable Solids 1 !!//%, 1 ,.; }i 3 - /a '- Site Conditions Seasonal Residence (-teety) je4 - 4" Air Temperature 1 b-6 "r 10 Weather Conditions �✓rn �0 Operating Information Sludge Depth I )Q Scum Layer Thickness r 1° Pumping Recommended? (No v Soil Absorption System Observations Signs of breakout? (-Select - v I iv N61 Depth of Ponding f---- ) SAS Ponding Above Invert 1 -Select- v1 /„t? Maintenance Issues Any apparent violations of the approval? ,vu Any cleaning or lubrication performed? /3 https://septic.barnstablecounlyheallh.org/app/permit inspections/submit 6/8/2020 Any adjustments of control settings? Any testing of pumps, switches or alarms? Any equipment failures? Any parts replaced? Any further recommended corrective actions? N•+ Permitlnspections Inspection Completion Was this inspection fully completed?* ( Yes ,71 yg5 Other Comments Inspection Details Singulair Bio-Kinetic WWT System Model - 960DN-600 First Chamber Remove concrete cover, check for normal water level Check sludge depth after second year of operation Second Chamber Remove concrete cover Control Center Open and set to "CONT' position Second ChamIJer `IL- A,,,,r Check air flow through aerator Unplug aerator and lift out 2 a IS Check for worn rubber pads Check for wear or problems Check wire in riser for chafing, tape If needed Wash off aerator, put it back Hook up ammeter, check current with aerator running, remove pigtail Third Chamber Remove concrete cover and remove filter top Tum In black locking tabs Install pump and start pumping from filter to first chamber. Lift filter with rope as necessary Lift out filter, put in tub Clean outside of filter with water, drain back to first chamber Set filter upright in tub, run clean water into It until the water flows out of the hole in the flange. Inserd compressed air hose and agitate with air. Keep agitating with clean water slowly fioring until the exiting water is clear Finish hosing down filter Scrape hopper Apply lubricant to filter flange Place filter in place, fill with clean water and sink it Turn out locking tabs, replace filter cover Replace concrete cover https://septic.barnstablecountyhealth.org/app/permit_inspections/submit A d 2/3 6/8/2020 Permitlnspections First Chamber Replace concrete cover Second Chamber Plug in aerator Coil wire so it is not In contact with anything Replace concrete cover Control Center Put switch on "AUTO" posilion Close and lock cover Read and record hour meter Paperwork Leave notice of service with owner Note in company file and Irregularity or problem Indicate if any follow-up is necessary Be sure to complete file on service, return it to office Submit Inspection https://septic.barnstablecountyhealth.org/app/permit_inspections/submit 3/3 COASTAL engineering co. TECHNICAL SERVICES 260 Cranberry Highway Orleans, MA 02653 508.255.6511 P 508.255.6700 F Orleans I Sandwich I Nantucket coastalengineeringcompany.com To: Jacquelyn Linehan, Property Mgr. King's Landing Apartments 1200 South State Street Brewster, MA 02631 via email: jlinehan(3poahcommunities.com Subject: King's Landing Apartments 3 State Street Brewster, MA Permit #934-1 [Plans [Copy of Letter [Specifications he following items: TRANSMITTAL Date: 09/21/2022 Project No. WBRO07.00 Via: ®Email ❑Pick up ❑Certified ❑Fed Ex ®Other sE 2,3 2022 �NSTER HEALTH �RtOEPAR 1M ENT Copies Date No. Description 1 08/2022 934-1 Daily Log Sheet 1 08/30/2022 934-1 Monthly Discharge Report w/Laboratory Test Results 1 08/02/2022 934-1 Monthly Monitoring Well Report (Field-tested Data) 1 09/15/2022 934-1 eDEP Electronic Receipt These are transmitted as checked below: [for approval for your use as requested [for review 6 comment Remarks: Enclosed are the recent reporting forms for the wastewater treatment facility at the above -referenced location. Monthly system test results indicate high levels of Total Nitrogen that exceed the upper discharge limit due to elevated levels of TKN. 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 9,282 gpd. If you have any questions regarding this report or the WWTF, please do not hesitate to contact us. cc: Brewster Board of Health CC Commission Joe Henderson, Horsley Witten Group, Inc. (via email) AquaPoint.3 LLC NOTE: If enclosures are not as noted, please contact us at (508) 255-6511 D:\DOC\w\wBR\007\FILE COPY\TRANSMITTAL (AUGUST 2022).oQC By: Chad A. Simmons, WWTPO Orleans 1 Sandwich 1 Nantucket 260 Cranberry Highway, Orleans, MA 02653 508.255.6511 1 coastalengineeringcompany.com Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit DAILY LOG SHEET 934 1. Permit Number 2. Tax identification Number 12022 AUG 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) (%) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 9,458 10,657 9,652 9,204 7,135 7,932 5,825 11,422 9,623 10,699 9,250 8,734 9,312 5,815 9,789 10,008 7,585 7,314 9,358 9,507 9,087 9,585 9,692 9,147 8,599 6,654 9,836 7,502 8,775 11,419 9,394 gdpols.doc • rev. 09/15/15 1 J 7.02 6.98 7.14 7.11 .96 6.92 7.04 6.91 6.94 7.07 7.11 1 7.02 7.00 7.19 7.04 6.88 7.40 7.38 [7.71 7.54 7.62 7.67 7.69 7.78 7.73 7.64 1 7.67 7.82 7.76 7.61 7.75 7.68 7.02 7.61 6.74 1 F.52-1 6.83 6.98 6.77 6.81 -_ 6.88 7.48 7.60 7.42 7.49 7.70 J Groundwater Permit Daily Log Sheet • Page 1 of 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit DISCHARGE MONITORING REPORT 934 1. Permit Number 2. Tax identification Number 1 3. Sampling Month & Frequency 2022 AUG MONTHLY 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) • NS = Not Sampled 1. Parameter/Contaminant Units BOD MG/L TSS MG/L TOTAL SOLIDS MG/L AMMONIA -N MG/L NITRATE -N MG/L TOTAL NITROGEN(NO3+NO2+TKN) MG/L OIL & GREASE MG/L 2. Influent 3. Effluent 220 36 460 45.6 7.2 12 10.41 28.76 1ND 4. Effluent Method Detection limit !2.0 5.0 10.10 10.050 ( 14.0 infeffrp-blank.doc • rev. 09/15/15 Groundwater Permit Discharge Monitoring Report"i Page 1 of 1 Serial_No:09152212:51 ANALYTICAL ANALYTICAL REPORT Lab Number: L2247246 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: 09/15/22 The original project report/data package is held by Alpha Analytical. This report/data 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. Certifications & Approvals: MA (M-MA086), NH NELAP (2064), CT (PH -0574), IL (200077), ME (MA00086), MD (348), NJ (MA935), NY (11148), NC (25700/666), PA (68-03671), RI (LA000065), TX (T104704476), 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 /ALPHA Page 1 of 21 Serial_No:09152212:51 Project Name: KINGS LANDING BREWSTER Project Number: WBR007.00 SAMPLE RESULTS Lab ID: L2247246-01 Client ID: INFLUENT (COMPOSITE) Sample Location: 3 STATE ROAD, BREWSTER, MA Sample Depth: Matrix: Water Parameter Result Qualifier Units RL MDL Lab Number: Report Date: L2247246 09/15/22 Date Collected: 08/31/22 09:30 Date Received: 08/31/22 Field Prep: Not Specified Dilution Date Date Analytical Factor Prepared Analyzed Method Analyst General Chemistry - Westborough Lab Solids, Total 460 mg/I 20 NA 2 09/02/22 13:00 121,2540B DW Solids, Total Suspended 36. mg/I 10 NA 2 09/02/22 12:27 121,2540D CN Nitrogen, Ammonia 45.6 mg/1 0.750 -- 10 09/13/22 14:00 09/13/22 18:14 121,4500NH3-BH AT Nitrogen, Total Kjeldahl 59.1 mg/I 6.00 -- 20 09/14/22 05:30 09/14/22 18:25 121,4500NH3-H AT BOD, 5 day 220 mg/I 60 NA 30 09/02/22 05:55 09/07/22 06:00 121,5210B JT Page 6 of 21 Serial_No:09152212:51 Project Name: KINGS LANDING BREWSTER Project Number: WBR007.00 SAMPLE RESULTS Lab ID: L2247246-02 Client ID: EFFLUENT (COMPOSITE) Sample Location: 3 STATE ROAD, BREWSTER, MA Sample Depth: Matrix: Water Parameter Result Qualifier Units RL MDL Lab Number: L2247246 Report Date: 09/15/22 Date Collected: Date Received: Field Prep: 08/30/22 09:30 08/31/22 Not Specified Dilution Date Date Analytical Factor Prepared Analyzed Method Analyst General Chemistry - Westborough Lab Solids, Total Suspended 12. mg/I 5.0 NA 1 - 09/02/22 12:27 121,2540D CN Nitrogen, Ammonia 25.4 mg/I 0.750 10 09/13/22 14:00 09/13/22 18:14 121,4500NH3-BH AT Nitrogen, Nitrite 0.15 mg/1 0.050 -- 1 09/01/22 04:24 44,353.2 KA Nitrogen, Nitrate 0.41 mg/I 0.10 1 09/01/22 04:24 44,353.2 KA Nitrogen, Total Kjeldahl 28.2 mg/I 3.00 10 09/14/22 05:30 09/14/22 18:26 121,4500NH3-H AT BOD, 5 day 7.2 mg/I 2.0 NA 1 09/01/22 08:55 09/06/22 09:00 121,5210B JT Page 7 of 21 Serial_No:09152212:51 1 Project Name: KINGS LANDING BREWSTER Project Number: WBR007.00 SAMPLE RESULTS Lab ID: L2247246-03 Client ID: EFFLUENT (GRAB) Sample Location: 3 STATE ROAD, BREWSTER, MA Sample Depth: Matrix: Water Parameter Result Qualifier Units RL MDL Lab Number: Report Date: Date Collected: Date Received: Field Prep: L2247246 09/15/22 08/31/22 09:45 08/31/22 Not Specified Dilution Date Date Analytical Factor Prepared Analyzed Method Analyst General Chemistry - Westborough Lab Oil & Grease, Hem-Grav ND mg/I 4.0 1 09/14/22 10:30 09/14/22 15:43 140,1664B JM Page 8 of 21 Serial_No:09152212:51 CHAIN OF , CUSTODY ah �t . t oi= Lab: Dat eR ec 'dInl�3q . . �� ( 7 + ADrIPFlo4aa�ks3'd: `�,�� - ,�; ,r. L. Y���� Project information Report I formation' Data � Deliv erables '.Ji l .�� Billing Information B an +� t � � l,l. �'i •I. 'i'�I hY. ,k ne A•_L 'Y TJ"o A 1- 0 FAX 0 EMAIL El Same. 05 Clle nllnko I PO g': wrnlborou gh, MA Mansfield, MA Name t: Kin Landing .. .ester 0 DEY. 0 Mal Deliverables ' 5aaae g22a 113145062,24303Project FAx-ioo.sse•slg FAX: 519-822-3288 . ,Regulatory Requirements/Rep rt Limits " =' �I Stale+F• ed Program Dorado Client Informatio n Project L oc ation: 3 State Read Brewster MA Client: Coastal EragineenrxiCo. Inc. Project tkWBR0a7.00 J -MCP PRESUMPTIVE 'CERTAINTY T REA,SONABILE'CONFIDENCEPROTOCG :S`.,I Address: 260 Cranberry Hg hway Project Manage r Chad A, Simmons 0 Yea El No Jerre MCP Analytical MoaIiods I ecaulre i ? 0 Ve 1,,77 No Are CT RCP Rnasr i b1eConntJonce rotecols)✓tequired? Orleans; MA002553 ALPH A Ouote#:201l601revl I AN A, LYS S Phone: 5t7& 255-65/1 Tt1rrS+At fstpnd Time SA MPLE. HANOI rn , ri: ► l Standard 0 Rush ,[OP&Y.IFPRENiPR0VE^Dj Fast �4E# 255-6700L' Filtration ROAR X41 a, Entail: csimmons@coccepec©d,ccrtrt tT a of Noodad o rhCasampbaM valxS�+Pre vir�ylYanrNl}andbYAIRTIe Doe Date: Time: Q''. il. mb1a d. ¢tl ' Other Project Specific Requfrementsito mments/Deteetian Limits. pH: Specific Conductance: j �y b Lob go d° (rrrrn'se specify kl j g'� V 2,.• ALPHHIA Lab ID Sample CD Co.ieotion Sarrupie samplor's i i Z ;� vl IY take Cn1 Pale Time Matrix Initials CO '2 4 F- a7 i '•1fI1P10 SI{K47'C domm enle - J 7 �i`-R pU ,sn - ✓"? influent (Composite) S1t3a' 1t r 3 t- WW CAS Z iI ❑ E1 ❑ ■ ❑. '1 ❑ U 000 ci aI . 2 i c3S2tS 'W'O'W CAS 0 tut �' inl- O7.. Effluent ([CarrtposCte) 0 Efituernt $' f3',t/ fl- rr5'-d C WW CAS❑ rI-JI 0 I11 E1 I 0 000 • 0 - jG rab) - -y710111' 0' J i N I'�J ' ❑ 0 0 0', • ❑ a I♦ 0 ❑ ❑ ' . ® ❑ I I 0 0 0 111 0 0 0 is E 2 l�l :1 CJ E T u PLEA SE ANSWER QUESTIO NS ASOVEI Container Type p ip - Prese rvative A Ci - - - - Pleaoa NM olodr .., ingblY and complete* &Irvin ca re nal by loga3ln ar,d PROJECT nctwiSFbCti 6y CiatcCCmto 8� -a wed y 8,s�/t e�an a i IS YOUR �� /R + �' i a tom Icant j) , ,lept of a4 �nW ambl,uteis ore reoctrli Al!Ampler. �!!tw7q p� �l�J �] IM6 A MCP !T o r CT RCP? ? t� /. ... _ I - / t i ii-ery � f !4. di t labrnitedare awElr_eto AlPha'x Rlrodol Tura. ra m H Nam' IinsiV Ful .f va y. e Massachusetts Department of Environmental Protection Bureau of Resource Protection - Groundwater Discharge Program Groundwater Permit MONITORING WELL DATA REPORT 1934 1. Permit Number 2. Tax identification Number 12022 AUG 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. Parameter/Contaminant HW-1 Units Well #: 1 PH S.U. STATIC WATER LEVEL 123.73 5.98 Fttl SPECIFIC CONDUCTANCE UMHOS/C 510 HW-2 HW-3 HW-4 Well #: 2 Well #: 3 Well #: 4 6.21 1 6.14 1 1DRY 1 121.41 122.10 1 DRY 1 270 1340 1 (DRY Well #: 5 Well #: 6 mwdgwp-blank.doc • rev. 09/15/15 Monitoring Well Data for Groundwater Permit ^ Page 1 of 1 9/15/22, 3:09 PM eDEP - MassDEP's OnlineFiling System Receipt MassDEP's Online Filing System eDEP F ins+ M ; Profile,' Mel .Notifications MassDEP Home 1 Contact 1 Privacy Policy Usemame:CASDMR Nickname: COASTAL260 Receipt Forms 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: 1429040 Date and Time Submitted: 9/15/2022 3:08:35 PM Other Email : DEP Transaction ID: 1429040 Date and Time Submitted: 9/15/2022 3:08:35 PM Other Email : DEP Transaction ID: 1429040 Date and Time Submitted: 9/15/2022 3:08:35 PM Other Email : DEP Transaction ID: 1429040 Date and Time Submitted: 9/15/2022 3:08:35 PM Other Email : Form Name: Groundwater Discharge Monitoring Report Forms Facility Information: Tax Identification Number: 352432096 location: 3 STATE STREET Address: BREWSTER ZIP: 02631 Daily Log Sheet(2022 AUG DAILY) Form Name: Groundwater Discharge Monitoring Report Forms Facility Information: Tax Identification Number: 352432096 location: 3 STATE STREET Address: BREWSTER ZIP: 02631 Discharge Monitoring Report(1 - 2022 Aug Monthly) Form Name: 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 Aug Monthly) Form Name: Comments Signature print receipt Exit My eDEP MassDEP Home I Contact 1 Privacy Policy https://edep.dep.mass.gov/eDEP/Pages/PrintReceipt.aspx 1/2