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HomeMy Public PortalAboutBOH10.19.22packetBoard 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 b.rhealth@brewster-ma.gov (508) 896-3701 REVISED BOARD OF HEALTH MEETING AGENDA 2198 Main Street October 19, 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 beat the meeting location listed above, and itis possible that any oral] 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://usO2Web.zoom.usfj/820439445097i)wd=Mytl)M2kvUExKbUlRS0hmM01Zb3dQZz09 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 TV 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. 0 Seamans Lane —Abigail Rhodes — Continued Animal Regulations variance request, discussion & vote 5. Brewster Farms continued Tobacco Violation discussion & vote 6. Septic Variance request — 40 Elbow Pond Road 7. Eversource/MDAR proposed 5 -year plan — discussion and vote on proposed letter of opposition 8. Discuss I/A Local Regulation/monitoring of onsite system/review enforcement policy 9. Liaison Reports 10. Matters not reasonably anticipated by the Chair 11. Items for next agenda 12. Next meeting: November 2, 2022 13. Informational items: a. October Blood Drive information b. Board & Committee November meeting schedule 14. Adjournment Date Posted: 10/14/2022 Date Revised: Received by Town Clerk: N:\H�alth\BOH Agendas and Minutes and Remote Schedule\BOH Agendas\Oct1922a.docx October 13, 2022 Brewster Board of Health Town Office Building 2198 Main Street Brewster, MA 02631 Re: 0 Seaman's Lane Brewster, MA Parcel ID: 12-70 Dear Members of the Brewster Board of Health, I respectfully request the following variances for the purposes of permitting a barn and animal enclosure per Brewster Board of Health Animal Regulations Part II Minimum Distances. Existing Barn to abutter's property lines. 50' are required. 18.9' are proposed. A variance request of 31.1' Existing Barn to private potable well at my property on 6 Seamans Lane. 100' are required. 85.8' are proposed. A variance request of 14.2'. Existing Barn to abutters dwelling. 100' are required. 92.0' (to my properly at 6 Seamans Lane), 85.3', and 41.5' are proposed. Variance requests of 8.0', 14.7', and 58.5' are requested. Proposed Enclosure to abutters property line (my property at 6 Seamans Lane). 25' are required. 19.2' are proposed. A variance request of 5.8'. Proposed Enclosure to private potable well at my property at 6 Seamans Lane. 100' are required. 37.6 are proposed. A variance request of 62.4. Sincerely, Abigail Rhoads Amy von Hone From: Abby Rhoads<arhoads@sturgischarterschool.org> Sent: Friday, October 7, 2022 11:50 AM To: Amy von Hone Subject: Denial of trespassing Amy - I am writing to inform you that, following your suggestion, I did call the Brewster Police and request that the officer speak with Mr. Kelly about trespassing on my property without my permission. The Officer, Officer Childs, called me this morning to tell me that he had gone to speak with Mr. Kelly and that Mr. Kelly "denied that he had been on your property." I explained to Officer Childs that it is impossible that he was not on my property due to the fact that he reported to the Board of Health in a recorded meeting that he had gotten specific measurements from my barn, on my property, to my neighbor's dwelling and property line. I am clearly very disturbed by Officer Childs' report regarding his talk with Mr. Kelly. I would like for everything that Mr. Kelly said at the initial meeting to be struck from the record. If he was not on my property, then the measurements he stated, along with the other information he quoted from the "Peace for All Animals" website, are misguided and false. I am now paying for a survey to be conducted on my property. This may or may not have been requested regardless of Mr. Kelly's statements. I can say with certainty that Mr. Kelly's statements did impact the members of the board in their decision to call for a continuance. I would prefer not to get a lawyer involved with this matter, but I am prepared to do so if I feel like I am being unfairly judged with imaginary accusations. The hearing was for a variance. I have followed every aspect of the Animal Regulations as you have given them to me and my measurements were done in good faith, as has everything else I have prepared for you and the board. Sincerely, Abby Rhoads Abigail Rhoads (she/her/hers) Lead English Teacher Sturgis Charter Public School 105 West Main Street Hyannis, MA 02601 1 END - • • • • • • • • • Existing Building Edge of Pavement 66 Existing Contour Existing Wire Fence Line a o Existing Wood Fence Line � Elevation Datum is NAVD-88 19 $gOm�n�j' Assessors' lD: 12-70 Deed: Book 31,401, Page 83 SEAMANS LANE Plan: Book 237, Page 99, Lot 21 40' Wide Layout MAG 57 _ _ SET C8 FND S 88025000" E --- 100.00' — - - CB/DH FND U-) - N _ N EXIST. WIRE FENCE— TRANSITION AREA 5 tll C E 0 to m w C EXISTING ENCLOSURE 18.9' EXISTING BARN —67.9' � M STH to to SETS " +I 57 LOT ` 21 Co 3 Area = 15,400 SFt o MO or 0.35 Act o -- – BVW BVW `Edge of Wetlond '14 0 -.Limit of Flood Zone "A' N 42 37 T 32 i � 0 20 40 60 SLOUGH ORAN ENGINEERING ASSOC. POND 508-432-2878 941 ROUTE 28 HARWICH MA EXISTING CONDITIONS PLAN IN BREWSTER Prepared For: Abigail Rhoads LOT 21, SEAMANS LANE, BREWSTER M I d 2011 uwan Engineerhg Aafoclalea. LLC � PROJECT: a 22-217 I SHEET 1 of 4 I DATE: 10-12-221 i � M STH to to SETS " +I 57 LOT ` 21 Co 3 Area = 15,400 SFt o MO or 0.35 Act o -- – BVW BVW `Edge of Wetlond '14 0 -.Limit of Flood Zone "A' N 42 37 T 32 i � 0 20 40 60 SLOUGH ORAN ENGINEERING ASSOC. POND 508-432-2878 941 ROUTE 28 HARWICH MA EXISTING CONDITIONS PLAN IN BREWSTER Prepared For: Abigail Rhoads LOT 21, SEAMANS LANE, BREWSTER M I d 2011 uwan Engineerhg Aafoclalea. LLC � PROJECT: a 22-217 I SHEET 1 of 4 I DATE: 10-12-221 SEAMANS 40' Wide L CB . FND S 88'25100" E Well Found \ 100.00' , EXIST. WIRE FENCE TRANSITION AREA 4 u. U r�TFlu , MAG SET J100 EXISTING ENCLOSURE EXISTING BARN 92.0' — 68.0' geomans, .1. 0 19 Seamans Ln Well Location per 4/4/19 I septic system design plan on file with Brewster BOH amo� o� Qe< 1 Se oaoi6 l0 P \o0 \\ �e\\ \ \9 See . A b`5�et� d � 57 O 0 CB/DH FND 18.9' 100 41.5' 9 0 E 0 00 L to (o p0\ � N w �. 3 o STK IN SETA O M N M LOT 21 LO Z 03 Area = 15,400 SFt MO or 0.35 Act aQ W on W w cc o_ n, 0 a BVW �` BVw -' BVW ' Edge of Wetland �f. . �� Limit of Flood Zone "A" 9yy '� Approximate Well Location per Qw 8/15/80 Foundation Location plan & 9/29/80 Well Location Sketch on Plan on file with Brewster Board of Health SLOUGH POND I®1022 Martin En9�QerNq Aarociglea, LLC SCALE: t"=20' 0 20 40 60 19 Seom ons t n 19 Seamans Ln Well Location per 4/4/19 septic system design plan on file with Brewster BOH SEAMANS LANE n 40' Wide Layout LnLn MAG = SET Well Found 37,8 EXIST. TRANSITION WIRE FENCE— AREA c J 41 C O O Zo E 18.6' 3 m W o +a N O Zo 3 11 co w S 88'25''QO" E oa 30 6t - ENCLOSURE \ 'oo EXISTING BARN — p0� S1x SETS H o LOT 21 Area = 150400 SFt or 0.35 Act iN M O n 5 N C 0 0 1 — — cn IN �-Edge of Wetland �: e� •�� ,ems -�• • �-Limit of Flood Zone "A" Approximate Well Location per Qw 8/15/80 Foundation Location plan & 9/29/80 Well Location Sketch on Plan on file with Brewster Board of Health SLOUGH POND ®2022 kaon Enpineerl"p Aaaotiotea. LLC SCALE: 1 "=20' 0 20 40 60 19 sea ons Ln 41 SEAMANS LANE 40' Wide Layout MAC - _ SET CB ri FIND S 88'25'00" E MINE llilk� Well Found 100.00' 37a6 PROPOSED ENCLOSURE AREA PROP. WIRE FENCE PERIMETER \ TRANSITION AREA 30.6= EXIST, WIRE FENCE EXISTING TRANSITION AREA BARN 19.2' I I I ENCLOSURE W 3 0 o o 41 n (p 0 0 V) z 0 3 MID p. o mµ 0 0 a. ' ®2012 Moran Engineering Asaoclatee, LLC i app REMOVE PORTIONS OF ENCLOSURE &WIRE TRANSITION AREA - 700 LOT 21 Area = 15,400 SFt or 0.35 Act �-Edge of Wetland • e� Limit of Flood Zone "A" SLOUGH POND CB/DH FND 19 Seamans Ln Well Location per 4/4/19 septic system design plan on file with Brewster BOH c J � � B Approximate Well Location per Q 8/15/80 Foundation Location plan & 9/29/80 Well Location Sketch on Plan on file with Brewster Board of Health SCALE: 1"=20' 0 20 40 60 3 •H o � M 0 V) 19 Seamans Ln Well Location per 4/4/19 septic system design plan on file with Brewster BOH c J � � B Approximate Well Location per Q 8/15/80 Foundation Location plan & 9/29/80 Well Location Sketch on Plan on file with Brewster Board of Health SCALE: 1"=20' 0 20 40 60 wr CERTIFICATE OF ANALYSIS E C E I V E D �� Barnstable County Health Laboratory (M=MA009)1 — -- g: OCT � 3 2022 Recipient: Abigail Rhoads Order No.: G22235505 ---- Abigail Rhoads Report Dated: 10/13/2022 3r'\EwS1-ER HEALTH 6 Seamans Ln Submitter: Abigail Rhoads+..._....D F.PA.E'Tf4ENT ,. Brewster, MA 02631 Description: Routine - 6 Seamans Ln Laboratory 1D#. 22235505-01 Matrix: Water- Drinking Water Sample #: Sampled: 10/11/2022 9:00 By: AR Collection Address: 6 Seamans Lane, Brewster Received: 10/11/2022 12:50 By: Veronic Sample Location: Turn Around: 48 Hr Rush Routine ITEM RESULT UNITS RL MCL METHOD # ANALYST TESTED TIME Nitrate as Nitrogen 0.44 mg/L 0.10 10 EPA 300.0 CL 10/12/2022 Copper ND mg/L 0.10 1 EPA 200.8 CL 10/13/2022 13:51 Iron ND mg/L 0.10 0.3 EPA 200.8 CL 10/13/2022 13:51 Manganese ND mg/L 0.025 0.05 EPA 200.8 CL 10/13/2022 13:51 Sodium 17 mg/L 2.5 20 EPA 200.8 CL 10/13/2022 13:51 Total Coliform Absent P/A 0 0 SM 9223B RG 10/11/2022 15:28 Conductance 180 umohs/cm 2.0 EPA 120.1 LX 10/11/2022 15:06 pH 6.2 PH AT 25C NA SM 4500-1-1-13 LX 10/11/2022 15:06 Based on the results of the parameters tested, the water is suitable for drinking. Attached please find the laboratory certified parameter list. Approved By.,. f722 (Lab Manager) ND =None Detected RL =Reporting Limit MCL =Maximum Contaminant Level 3195 Main Street, PO. Box 427, Barnstable, MA 02630 Ph: 508-375-6605 Page: 1 of 1 •�-a0,n#xf ° .. ,10 TOWN OF BREWSTER BUILDING DEPARTMENTIFC'EWED P HED 2198 MAIN STREET BREWSTER MA 02631 EGISTRA 11UN - 200 SQUARE PHONE: 1 a2C%08) 896.3701 EXT 1125 pOWNo`BR EMAIL F3UIt4DING DEpAl ,tThNG@BREWSTER-MA,GOV ET (SF) OR LESS NOTE: ANY SHED OR STRUCTURE GREATER THAN 200 SQUARE FEET REQUIRES A BUILDING PERMIT FOR SHEDS UP TO 120 SQUARE FEET: Fee: $50 ZONING SETBACKS: 40 feet from property lines from all street frontages, 10 feet from the side and rear property lines, FOR SHEDS BETWEEN 120 AND 200 SQUARE FEET• Fee: $0.35 Per Square Foot REGISTRATION NUMBER: MAP: LOT: t/0 . CHECK #: Jq c1 ZONING SETBACKS: All applicable setbacks apply. See residential zoning chart on the bung department website or contact the building deportment for more information. PLEASE ATTACH A COPY OF SCALED SITE PLAN WITH SHED LOCATION AND SETBACKS MARKED NOTE: FILING THIS REGISTRATION DOES NOT RELIEVE THE APPLICANT FROM ANY OTHER TOWN REGULATIONS OR RESTRICTIONS, INCLUDING BUT NOT LIMITED TO; BREWSTER ZONING BY-LAWS, OLD KINGS HIGHWAY HISTORIC DISTRICT, BREWSTER HEALTH, BREWSTER CONSERVATION, Shed Size (Square Feet): i Z:�C (Z,• Job Location (Street Address): ) Owners Name: 4k((v�� Owner's Signature: : Estimate Project Cost�EG�C? �` C''Vj (Owner Agrees to the Above) 'Z � q r � 1 3 � 'j O 6 Z PLEASE COMPLETE THIS SECTION ONLY IF HIRING A CONTRACTOR TO INSTALL THE PROPOSED SHED CONTRACTORS: Please include signed Owner Authorization and your completed W/C Affidavit Contractor Name &Company Name: Mailing Address: Contractor Email: Authorized Agent (Contractor) Signature: Contractor Phone Number: BBD Shed Registration Form 1/11/2022 M�Ns LASE sEA 92i LQT 22 14,991 S.F. UPLAND %/ i i EXISTING DWELLING TOF = 55.7 _ _ _ _�. -. - __ -- ---�- - . __� _ .DECK 0 0 _, �ts;n � T � D �" r�. �C� jj� �: � (4.:� - _ nL�+ ! , ', • �9 •.�• � �`" O G `�GE(� 1�R q� "Q� �•.. BORDERIN, 9 y S �j'D G llvv sLo�G� o�� �A GRE L'OUNDATION PLOT PLAN DCE #21-226 PREPARED EXCLUSNELY FOR THE PURPOSE OF OBTAINING A BUILDING PERtvfIT, NOT FOR ANY OTHER USE LOCATION #6 5EAMANS LANE BREWSTER, MA SCALE 1 " = 30' DATE 5-26-2022 REFERENCE MAP 12 PARCEL 71 PREPARED FOR: ABIGA�I� ',w _ OADS t�F,i�lIEL r� I HEREBY CERTIFY THAT THE STRUCTURE •,• � q. �, SHOWN ON THIS PLAN IS LOCATED ON THE �` GROUND AS SHOWN HEREON. J�'AIJ� m �,, ;�;r;. 4098Q v I off 508-362-4541 .� faz 508-362-9860 ��` \`F c S�U� � �. downcape.com O r--• ,+.. i ��� 4;`'f;� yJFiVE. down tope enjrnee�ind, ine. ,�r " �° " civil engineers') . � � , �� � _ � — � =•. /and surveyors --�� — 939 Mo/n Street (Rte s,+) _ REG. LAND SURV OR YARMDU7NPORT MA 02675 DATE r- l• '1 F, n .'.; , rig + - { rf _ ,If I LIt 6 n ; vt 4 2L fa at tomw If t 4!e fit If S .�,• �-5.., i :;�r+a'i. 1` 'i` j ` to tip _ �"OL Ala, If .`#.f. ' '`{ f'4 IL S6 6 far x VL IF aft rl II �E*Ya :.ti'_bt . ^.` a ► `.' }>%r T' +, N ; h I 101Tj X 21 v ilkfar t so 1 _ J Tay 3 ' e AA ,�{ -�. ' 6 •'7 /t '.`1� t,' ?< 2• +y �;. > ` ,,j „ xr af IF rF wir-ald0te 'ask it a IIfo 'Tu rVI 1 c� F� At It , f'`r •1, c'S i.,e.;� r � _ \� •`b :i`�a9'�'nY, jtfa Is gel _ r _ • •• I rd Neighbor wr b N iv a mss. v _ i i _ r s 1' so p FB N In m � Jr �= H ' iiJ �� � p > _ � r o m O W T �� r o i / ,, o�� a•o� � �m � s "-� . E m N�� U + � `a � - v 4y I ui � � ? to r w y �, i N Gym u \ �/� ti'' � W � N q 0� Y O ti4 G 56 - \' � M fi � i � 'p0 � \ ��. d � Cj { � �•' -:�I � ���� ��� P O �I �� �g�� ��€ H � < c� o � ��'� �� � N �� � � ��� g g � � �� �n � �m A� �..,, � ssssas; o N r � � � X�zzzzz Z a � � � � A � in mmm��oo o Z � m ci ccymo-�� 0 0 s_sA ��� � z � ; c m � D W � � ozia�a •-�+ CA v 8 � 00 a; � � � m � to � �����m � c N "" a - a Ill � ' ~ ff.. � � � �uetl O fe �.��. A � rD—.. � �� m a ��Ntr400 '-y�"1 � � ,618`Ke� . N „ON p0 A A^ j`�� v � m � � m c � w a, o O A � �, '' c� � Yea � D �x u �� �•o�� cn nm � u s a .� TOWN OF BREWSTER BUILDING DEPARTMENT 2198 MAIN STREET BREWSTER MA 02631 SHED REGISTRATION Permit # SR -22-31 Date July 21, 2022 Fee $58.40 Job Location 0 SEAMANS LANE BREWSTER MA 02631 Owner/Agent RHOADS ABIGAIL P Permit Holder Shed Size 144 Square Feet Setbacks: To Street: 40 Right Side: 24 Left Side: 24 Rear: 40 Town of Brewster Building Official Approval (41 PHONE: (508) 898-3701 EXT 1125 EMAIL: BUILDING@BREWSTER-MA.GOV Map -Lot 12-70-0 Amy von Hone From: Sent: To: Subject: Amy L. von Hone, RS,CHO Health Director Brewster Health Department Dear Amy, Fred Emanuelson <f.emanuelson@aol.com> Thursday, October 13, 2022 12:32 PM Amy von Hone; treefarm43@aol.com Setback Requirements for 0 Seamans Lane In doing my research on setback requirements I came across the article below. What is the Role of the Municipality and the Applicant in Regards to Minimum Distance Separation (MDS)? Generally, municipalities are responsible for ensuring that MDS setbacks are met when reviewing land use planning applications (e.g. lot creation applications) or building permits. If you are proposing to construct a new livestock facility or other building, or you are pursuing a land use planning application, such as an official plan amendment, zoning by-law amendment, or an application to create a new lot, you should contact your local municipality for questions regarding the implementation of the MDS Formulae in your area. While municipalities are responsible for ensuring that the requirements of the MDS Formulae are met when reviewing land use planning applications or building permits, municipalities may implement this requirement in different ways. Some municipalities will ask an applicant to provide the information necessary for the municipality to complete the calculation of MDS. In other cases, a municipality may request that an applicant provide a calculated MDS setback for their review. In this instance, it may be advantageous for an applicant to engage the services of a land use planning consultant or a nutrient management consultant to undertake the MDS calculation. MDS II is the municipality's responsibility to verify and enforce. If the actual setback distances are close to those calculated by MDS II, the building official may require verification of actual distances by a legal survey. If your proposed project cannot meet the MDS II setback distances, applying to your local municipality for a minor variance may be an option. However, obtaining a minor variance can be time consuming, and fees may be required. In addition, there are no guarantees that a minor variance will be granted by the local Committee of Adjustment. The FOUR variances that have been requested are not Minor Variances and therefore should not be approved. I believe that the setback requirements were put into place to not only protect adjacent neighbors but the neighborhood as a whole. I am confident that the Board of Health will do the right thing and deny the application. Amy, please share this email with the board members. Thank you, Fred &Beth Emanuelson Amy von Hone From: Fred Emanuelson <f.emanuelson@aol.com> Sent: Friday, October 14, 2022 1:22 PM To: Amy von Hone Subject: Re: Setback Requirements for 0 Seamans Lane Hi Amy, I am not sure what the source of the reference material was other than I googled setback requirements and the article came up. I tried to find it again today but was unsuccessful. The article spells out clearly that the municipality's responsibility is to verify and enforce the setback rules that they have established. The variances of 10 feet, 45 feet, 11 feet and 60 feet are not minor variances and may be actually greater than those proposed. Based on this information I feel confident that you and the Board members will do the right thing and reject the requested application. Thank you, Fred -----Original From: Amy Amy von Hone <avonhone@brewster-ma.gov> To: Fred Emanuelson <f.emanuelson@aol.com> Cc: Tammi Mason <tmason@brewster-ma.gov> Sent: Fri, Oct 14, 2022 10:43 am Subject: RE: Setback Requirements for 0 Seamans Lane Fred and Beth - In anticipation of questions from the Board, do you the source or reference material you used for the information submitted below? Thanks, Amy Amy L. von Brewster Health Director (0) 508.896.3701 X1120 (F) 508.896.4538 From: Fred Emanuelson <f.emanuelson@aol.com> Sent: Thursday, October 13, 2022 12:32 PM To: Amy von Hone <avonhone@brewster-ma.gov>; treefarm43@aol.com Subject: Setback Requirements for 0 Seamans Lane Amy L. von Hone, RS,CHO Health Director Brewster Health Department Dear Amy, In doing my research on setback requirements I came across the article below. What is the Role of the Municipality and the Applicant in Regards to MiniIII mi Distance Separation (MDS)? 1 ' � � %►.DER b� 0 Y Town of Brewster 2198 MAIN STREET BREWSTER, MASSACHUSETTS 026314898 PHONE: 508.896.3701 EXT. 1120 FAX: 508.896.4538 brhealthgbrewster-ma. aov W W W.BREW STER-MA. GOV AGENDA ITEM UPDATE Health Department Amy L. von Hone, R.S., C.H.O. Director October 19, 2022 Brewster Farms Tobacco Violations Discussion Summary Sherrie McCullough, R.S. Assistant Director Tammi Mason Senior Department Assistant On August 24, 2022, Brewster Farms was subject to an inspection by the Cape Cod Regional Tobacco Control Program (CCRTCP). At that inspection, the following violations were noted: • Sale of Delta -8 Products, violation State Regulation 105 CMR 665.110(D) and Brewster Local Regulations • Self-service displays, violation of Brewster Local Regulation • Missing required signage—violation of State Regulation 105 CMR 665.015 and Brewster Local Regulations, a verbal warning was issued. History: The violations were the subject of a hearing before the Brewster Board of Health on October 5, 2022, A which time the proprietor of Brewster Farms, Mr. Saumd Patel, alleged the sale of Delta -8 products did not constitute a violation of the State or Local regulations because the product did not contain nicotine. He acknowledged the self-service display did constitute a violation of Brewster Local Regulations. The hearing was continued by the Board to permit investigation of Mr. Patel's allegations that the sale of Delta -8 products did not constitute a violation under State or Local regulations. Additional Information: Delta -8 tetrahydrocannabinol, also known as delta -8 THC, is a psychoactive substance found in the Cannabis sativa plant, of which marijuana and hemp are. two varieties. Delta -8 THC is one of over 100 cannabinoids produced naturally by the cannabis plant but is not found in significant amounts in the cannabis plant. As a result, concentrated amounts of delta -8 THC are typically manufactured from hemp - derived cannabidiol (CBD). Source: https://www.fda.gov/consumers/consumer-updates/5-things-know-about-delta-8- tetrah ydrocann abin ol-delta-8-thc The sale of Hemp is overseen by the Massachusetts Department of Agricultural Resources (MDAR). While the sale of retail hemp products is not currently overseen by MDAR, the sale of delta -8 is prohibited generally in MA. Is it legal to sell products with delta -8 THC from hemp? Because delta -8 THC is not naturally occurring in hemp (except for possible trace amounts), to produce delta -8 THC in commercial quantities it must be derived from hemp synthetically. While the Farm Bill did remove hemp N:\Health\BOH Meeting Notes\BOH Hearing Notes\BOH Hearing Notes 10.21.22.docx -1- from the Controlled Substances Act, it did not impact the control status of synthetically derived cannabinoids, thus delta -8 THC remains a controlled substance, regardless of the source. As a result, we do not allow hemp - derived delta -8 THC products to be processed or sold in Massachusetts. Source: https , www mass goy/info-details/Laps-sale-of-hemp-derived-products-in-the-commonwealth#does- a-retail-establishment-need-a-license-to-sell-hemp-derived-products-under-m. g. L c. -128 -sec -118? - Contact was made with a representative from the CCRTCP to inquire about the citation for sale of flavored products. When referenced in Massachusetts state law or local policy options, the term "Tobacco Products" includes both conventional tobacco products and vape products, and the term "Smoking" includes conventional smoking of tobacco as well as the use of a vape product. Federal law will explicitly reference vape products when the law addresses these products. Under the direction of the MDPH, the CCRTCP considers the sale of any flavored product to be a violation of State Law and is their practice to issue a violation for the sale of any flavored tobacco or vape product found in a local retail establishment upon inspection. (reference: Chapter 2, Laying a solid foundation, Tobacco Laws Pertaining to the State of MA, January 2021). Brewster Board of Health Regulation Restricting The Sale of Tobacco and Nicotine Delivery Products, incorporates: The minimum standards required pursuant to Massachusetts state law and regulation ... including but not limited to M.G.L. chapter 270 regarding sales to those under the minimum legal sales age of 21, tobacco and vaping products including flavored products... MGL Chapter 270, section 6 "Tobacco product", 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; 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 and is marketed and sold exclusively for the approved purpose. 105 CMR 665.005 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 cessation product and is marketed and sold exclusively for the approved purpose. Discussion: - 15Y vs. 2nd violation regarding self-service displays (unlocked humidor) - BOH jurisdiction over Delta -8 Products - Violation fines and suspension of license N:\Health\BOH Meeting Notes\BOH Hearing Notes\BOH Hearing Notes 10.21.22.docx -2- 0 s`�OF 2 k FFB.RPO 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 PHONE: 508.896.3701 EXT. 1120 FAX: 508.896.4538 brhcalth@brewstei-ma..gov 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: Health Department Amy L. von Hone, Director Sherrie McCullough, R.S. Assistant Director 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) maybe imposed. (Self-service Humidor unlocked) N:\Health\Violation Notices\Tobacco\Brewster Farms\Brewster Farms 2022\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 _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\Brewster Farms 2022\BrewsterFarmsQuickPicTobaccoViolation08.24.22.doc P0 S T'•' TOOLS COUNTER POINT OF SALE TOOLKIT ♦♦ "� 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 Generala€T^^s 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: htt p://mass.countertools.org/educatioN1067890 PDF generated on: Aug. 31, 2022 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 i sgnage, 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 2"d 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 2"d one and would be a $200 fine and their permit would be suspended for 7 consecutive business days. The Board of Health must provide writt en 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 Received: /4 ��> 2 LPaid: Abutter Deadline: Date: 10/3/2022 TOWN OF BRFWSTFR 2198 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-3701 EXT 1120 FAX: (508)896-4538 B ,HEALTHa,BREWSTER-MA.GOV �V�VN.BRER'STER-MA.GOV SUBJECT PROPERTY ADDRESS: 40 Elbow Pond Drive Map: 19 Parcel: s8 LC Plan: Name of Applicant: Robert D. C Lot: OFFICE Or HEALTH DEPARTMENT Application for Board of Health Variances ❑In -House Local Upgrade Approval [OPublic Hearing Book: 35339 page;109 38 Mailing Address: 9817 SW 95 Loop, Ocala, FL 34481 Telephone # 904-473-7944 Owners) of Record ; Same Mailing Address: Email: rdchristy@aol.com Design Engineer/Sanitarian: John O'Reilly, P.E., P.L.S. Mailing Address: P.O. Box 1773, Brewster, MA 02631 Telephone #: 508-896-6601 LC Certificate: Firm/Company Name: J•M. O'Reilly &Associates, Inc. Ercall address: loreilly@jmoreillyassoc.com Signatu or Engineer New Construction ❑Voluntary Upgrade ❑Addition/Alteration � Failed system Ca Real Estate Transfer ❑ Design flow of existing system: 330 GPD Design flow of proposed system: 37o GPD Reason for failure: CLOGGED SAS Total sewage flow of site: 330 GPD Conservation Commission approval required: yes Elno 10 Order of Conditions/Det. Of Applicability attached El z Total lot size (so: 15,455 SF Date of ConCom hearing: � icF .,f SII \/�ri�nroc frnm Ctaf'Ea and 1 Heal nnrlPc II"add sheets if neededl TITLE 5 Sec. #: Brewster Reg. #: Description of Variance(s) Descri tion of Variance s 310 CMR 15.211 SAS IS NOT 10 FEET FROM PROPERTY LINE, 5 FOOT VARIANCE REQUESTED 310 CMR 15.255 5 FOOT SOIL REMOVAL NOT PROVIDED, 2 FOOT VARIANCE IS REQUESTED 300' POND SETBACK SAS NOT 300 FEET FROM ELBOW POND, 116 FOOT VARIANCE IS REQUESTED Approved by: Health Department N:\Health\BOH regs\InHouse Septic Local Upgrade Approval 2019\Varianceapplication FINAL NONFILLABLE FORM 12.18.19.docx SECTION 5.2 ADJUSTMENT NOT PER FRIMPTER METHOD AS REQ'D. ADJUSTMENT WAS MADE USING BORDERING VEGETATED WETLAND TO ELBOW POND. 300' POND SETBACK SAS NOT 300 FEET FROM ELBOW POND, 116 FOOT VARIANCE IS REQUESTED Approved by: Health Department N:\Health\BOH regs\InHouse Septic Local Upgrade Approval 2019\Varianceapplication FINAL NONFILLABLE FORM 12.18.19.docx J.M.. OREILLY & ASSOCIATES, INC. PROFESSIONAL ENGINEERING, LAND SURVEYING & ENVIRONMENTAL SERVICES Site Development • Property Line • Subdivision •Sanitary 312022 Brewster Board of Health Attn: Amy von Hone 2198 Main Street Brewster, MA 02631 Land Court • Environmental Permitting JMO-9340 RE: Depth Variance Request— In -House 40 Elbow Pond Drive, Brewster, MA (Assr's Map 19, Parcel 38) Owner: Robert D. Christy (Formerly Hall Property) Dear Board Members, t 2442 BRE' r�_:..�i L[ [,..� c r On behalf of our client, Robert D. Christy (and formerly Mr. Hall), J.M. O'REILLY &ASSOCIATES, INC. is requesting the Board of Health to review and approve the following requested variances for the replacement of an existing failed leach trenches with a new Soil Absorption System (S.A.S.) (existing septic tank to remain in use). No change in design flow is proposed. No additions or alterations to the existing Melling are proposed. State and Local Variances Requested: Variances: 310 CMR —15.211— Setbacks • Soil Absorption System (SAS) is not 10 feet from Property Line; 0 5 feet provided, 5 foot variance requested Variance: 310 CMR 255 -Construction In Fill • 5 foot Soil Removal Not Provided 0 3 foot removal provided, 2 foot variance requested. Local Requirements: Pond Setback: • SAS is not 300 feet from Pond (Edge of BVW) 0 184 feet provided, 116 foot variance requested. Groundwater Adjustment: • Estimated High Groundwater was not determined by using the Frimpter Method (Cape Cod Index Wells) 0 3.4 foot separation provided, 3.9 foot variance requested Our office was originally engaged by Mr. Hall, the former owner of the locus property, at the end of June to complete the sewage system design plans. Mr. Christy and his family took possession of the property in August 2022. The sewage system was inspected, prior to the sale, and was deemed to have failed due to high water levels within the distribution box. The existing dwelling is athree-bedroom dwelling, constructed in 1988, and is currently served by a 1000 - gallon septic tank and a two leach trenches. The property, like the surrounding parcels is served by a private well. The Locus well is located in the southeast corner of the parcel and is currently over 100 feet from the existing leach trenches. Soil testing found clean medium to coarse grain sands down to a depth 1573 MAIN STREET, P.O. BOX 1773 BREWSTER, MA 02631 'PHONE: (508) 896-660I •FAX: (508) 896-66oa WWW.JMOREILLYASSOC.COM of 125 inches (10.4 feet, EL=24.6). Groundwater was encountered and was found standing at 116 inches (9.7 feet, EL=25.4). As shown on the enclosed Plan, the proposed repair of the failed leaching facility includes the installation of a new distribution box and a 50' x 10' x 6" leach field. The proposed SAS is positioned to meet the 100 foot setback to the locus and the surrounding drinking water wells. The SAS is proposed to require a 5 foot variance to the property line. The property line setback is needed to provide the well setback distances. The SAS is proposed to be 5 feet above a 3.4 adjustment to the groundwater encountered during the soil testing. The determination of the proposed adjustment was determined by reviewing the elevation of the Bordering Vegetated Wetland to Elbow Pond and adding 6 inches. Based on the hydrology of the wetland and the elevations of the hydric soils within the soil of the vegetated wetland, the proposed adjustment represents a more accurate adjustment to the groundwater than the CCC Index Well procedure. The water level adjustment, using the CCC Index Well Procedure, is determined to be 7.3 feet above the groundwater encountered during the soil test or elevation 32.7. For the CCC Index Well protocol to be accurate, the groundwater would need to be 4.4 feet above the level of the vegetated wetland. The soil removal variance is to allow the field to be installed without having to reset the 6 foot stockade fence along the property line. The limited soil removal will not impact the operation or capacity of the SAS since the field gains its capacity from the bottom area openly. The pond setback variance is being requested since the entire lot is within the 300 foot Buffer to the Pond. However, based on the Brewster Pond Atlas and the Harwich and Brewster Water table Map, the parcel appears to be down gradient from Elbow Pond. The proposed 184 foot setback from the Pond will provide a sufficient distance from phosphorus from entering the Pond. Enclosed please find six (6) copies of the Sewage Disposal System Design Plan, Pond Atlas, Brewster - Harwich Water Table Map, a copy of the certified abutters list, and a copy ofthe letter sent to the abutters, Maps & Filing fee of $75.00. A representative from our office will attend the public hearing on October 19, 2022. If you have any questions prior to the hearing please do not hesitate to call me directly. Very truly yours, J.M. O'REILLY &ASSOCIATES, INC. John M. O'Reilly, P.E., P.L.S. Principal CC: Client HO!'iIONN.OD N d1ddD-�� 0 i POND h, Nj 00 )OWO 4 0cql%co ■W S r, M� �� GM r TOM o O � of-� m� o o p C3Ln SEpN_ CI o a olIn c i7 f'k . oLoo ot pe Cod Water Resources Classification Map I 'll 1 WIT .z' N Iaegional Policy Plan (Effective Januar Amended"w Effective July 3, 2( Amended 11'"Effective June 18, 2 Primary Resource Areas: Wellhead Protection Areas Identified Wellhead Protection Areas: (Zones of Contribution), Depa tment of Environmental Protection and EOEA MassGIS 2010 Cape Cod Commission Water Resources Staff, and various private Public Supply Wells r Public Water Supply Well Small Volume Wells, Non -Transient c Small Volume Wells, Transient o Proposed Public Water Supply Well O Surface Water Supply Locations of public community surface and groundwater supply s( public non -community supply sources. Department of Environmer and EOFA MassGIS 2010, and Cape Cod Commission Water Resot Potential Water Supply Areas Potential Public Water Supply Tracts: From the "Priority Land Acquisition Assessment Project' (PLAAP), June 1999, updated tut Lower Cape data from the Lower Cape Water Quality Task Force, `:�� � ;�j Freshwater Recharge Areas Freshwater Recharge Area: Areas shown are those identified TO I (see reports 2004-5014 and 2004-5181), the Massachusetts Estui the Cape Cod Commission Water Resources Staff, 2008. Water Quay Impaired Areas: Developed Areas Development such as medium and high density residential, multi I unsewered residential lots less than 20,000 square feet, commerc industrial areas determined from digital parcel and assessors' dati landuse: 1999. Created by UMass-Amherst Resource Mapping Pro with the EOEA MassGIS project and the Cape Cod Commission. Potential Plumes fr om Waste Sites Potential Plumes from Waste Site Areas: Created from private cor the Air Force Center for Engineering and the Environment and the Commission Water Resources Staff. Waste Site Areas Areas that include landfills, septage, and wastewater treatment pl determined from digital parcel and assessorsdata and digital Mac 1999. Created by the UMass-Amherst Resource Mapping Project in cooperation with the EOEA MassGIS project and the Cape Cod Water Quality Improvement Areas: Water Quality Impaired Areas that are located in Primary Resourc This Map was produced by the Cape Cal Commission's Geograp information system Oeparbnent for the Regional Policy Plan upc effective ]anuary 16, 2009, with any amendments listed belov Data amendments effective ]uly 3, 2009 including DEP Zone L DEP Public Supply Wells, and the Cape Cod Commission PLAA Data amendments effective June 18, 2010 including Wellheal Protection Areas and DEP Public Supply Wells, The Cape Cod Commision is a division of Barnstable County. Corrections are welcome at the Cape Cod Commission office c contact gis@capecodmmmission.org. This map is illustrative and all depicted boundades are approbmab Intended for planning Purposes only -- not site specific purpos CAPE COD COi<�If�.�IISSION .z' N Iaegional Policy Plan (Effective Januar Amended"w Effective July 3, 2( Amended 11'"Effective June 18, 2 Primary Resource Areas: Wellhead Protection Areas Identified Wellhead Protection Areas: (Zones of Contribution), Depa tment of Environmental Protection and EOEA MassGIS 2010 Cape Cod Commission Water Resources Staff, and various private Public Supply Wells r Public Water Supply Well Small Volume Wells, Non -Transient c Small Volume Wells, Transient o Proposed Public Water Supply Well O Surface Water Supply Locations of public community surface and groundwater supply s( public non -community supply sources. Department of Environmer and EOFA MassGIS 2010, and Cape Cod Commission Water Resot Potential Water Supply Areas Potential Public Water Supply Tracts: From the "Priority Land Acquisition Assessment Project' (PLAAP), June 1999, updated tut Lower Cape data from the Lower Cape Water Quality Task Force, `:�� � ;�j Freshwater Recharge Areas Freshwater Recharge Area: Areas shown are those identified TO I (see reports 2004-5014 and 2004-5181), the Massachusetts Estui the Cape Cod Commission Water Resources Staff, 2008. Water Quay Impaired Areas: Developed Areas Development such as medium and high density residential, multi I unsewered residential lots less than 20,000 square feet, commerc industrial areas determined from digital parcel and assessors' dati landuse: 1999. Created by UMass-Amherst Resource Mapping Pro with the EOEA MassGIS project and the Cape Cod Commission. Potential Plumes fr om Waste Sites Potential Plumes from Waste Site Areas: Created from private cor the Air Force Center for Engineering and the Environment and the Commission Water Resources Staff. Waste Site Areas Areas that include landfills, septage, and wastewater treatment pl determined from digital parcel and assessorsdata and digital Mac 1999. Created by the UMass-Amherst Resource Mapping Project in cooperation with the EOEA MassGIS project and the Cape Cod Water Quality Improvement Areas: Water Quality Impaired Areas that are located in Primary Resourc This Map was produced by the Cape Cal Commission's Geograp information system Oeparbnent for the Regional Policy Plan upc effective ]anuary 16, 2009, with any amendments listed belov Data amendments effective ]uly 3, 2009 including DEP Zone L DEP Public Supply Wells, and the Cape Cod Commission PLAA Data amendments effective June 18, 2010 including Wellheal Protection Areas and DEP Public Supply Wells, The Cape Cod Commision is a division of Barnstable County. Corrections are welcome at the Cape Cod Commission office c contact gis@capecodmmmission.org. This map is illustrative and all depicted boundades are approbmab Intended for planning Purposes only -- not site specific purpos CAPE COD COi<�If�.�IISSION �I U. S. DEPARTMENT OF THE WTERIOR U S. GEOLOGICAL SUAYEY 1NOE%MAP OP 1� MA69ACNU9ETT8 F-9 .S STUDY AREA ]fla]i PflEPARED W CIF D PERATNIN WON THE COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF ENV ONMENTAL PROTECTION DIVISION OF'WATEPOLLUTION CONTROL antl Iha town; of EREWSTEflJand HARWICH, MASSACHUSETTS ' I 10.0YJa' iLn ���!r=�T �- �. dr �y .-Of v y� 71 70 ODA' 300` Of to tram U.S, atakgkaf su"by ?�j Ilk= 101 1 wed ]MOON WON 'm NOW 1poll 31c:2mq IMEMMALL �oOl or I" � 1 SEPTEMBER 21 THROUGH OCTOBER 22,1987 Davis, 1992 WATER- SOURCE$M'ESTGATIONS REPORT BREWSTER BOARD OF HEALTH PUBLIC HEARING NOTICE Date: 10/3/2022 Re: 40 Elbow Pond Drive Subject Address Dear Abutter: ap; 19 LOt: 38 CERTIFIED MAIL RETURN RECIEPT REQUESTED 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 Massachusetts Department of Environmental Protection, Title 5, and/or the Town of Brewster Regulations for Subsurface Disposal of Sewage. The following variances are requested: List of all variances from State and Town Codes Title 5, Sec. # Description of variances) 310 CMR 15.211 SAS IS NOT 10 FEET FROM PROPERTY LINE, 5 FOOT VARIANCE REQUESTED 310 CMR 15.255 5 FOOT SOIL REMOVAL NOT PROVIDED, 2 FOOT VARIANCE IS REQUESTED SETBACK SAS NOT 300 FEET FROM ELBOW POND, 116 FOOT VARIANCE IS REQUESTED Brewster Reg. # SECTION 5.2 Description of variances) ADJUSTMENT NOT PER FRIMPTER METHOD AS REQ'D. ADJUSTMENT WAS MADE USING BORDERING VEGETATED WETLAND TO ELBOW PON 300' POND SETBACK SAS NOT 300 FEET FROM ELBOW POND, 116 FOOT VARIANCE IS REQUESTED Said hearing will be held at the Brewster Town Offices, 2198 Main Street, Brewster, on October 19, 2022 at 7:00 p.m. The application and plans are available for review at the Brewster Health Department, Brewster Town Offices, 2198 Main Street, Brewster, MA, Monday through Friday (excluding holidays) from 8:30 a.m. to 4:00 p.m. Sincerely, John O'Reilly, P.E., P.L.S. (J.M. O'Reilly &Associates, Inc.) Applicant/Representative CC: Brewster Health Department N:\Health\BOH regs\InHouse Septic Local Upgrade Approval 2019\Publichearingabutternotification NONFILLABLE FORM 12.11.19.docx Certified by. TOWN OF BREWSTER, MA BOARD OF ASSESSORS lames M. Gallagher, MAA 2198 Main Street Brewster, MA 02631 Deputy Assessor Abutters List Within 65 feet of Parcel 19/38/0 19132/0 9 POND. DR E 9/33 1 3910 1913410 18 EL O . POND. 40 EL IV E BOW. POND DRN 1913710 19/35/0 BOW. PO E BOW. POND IVE N 80 0 80 ft Key Parcel ID Owner Location Meiling Street Mailing City 9 /1 512 0 2 2 Page 1 ST ZipCdlCountry 8599 19-32-0-R DRISCOLL DANIEL J 8 SHEILA M TRUSTEE 29 ELBOW POND DRIVE 41 LILLY LANE DEDHAM MA 02026 (51.69) DRISCOLL FAMILY TRUST 8600 19-33-0-E C & F DEVELOPERS 0 BEACH SLOUGH ROAD BREWSTER MA 02631 (51-09-1) 8593 19-34.0 R MARTIN JOHN H & SHARON J 45 ELBOW POND DRIVE 45 ELBOW POND DRIVE BREWSTER MA 02631 (51.64) 8594 19-35-0-R FIORE PAUL & TO[ 51 ELBOW POND DRIVE 51 ELBOW POND DRIVE BREWSTER MA 02631 (51-65) 8595 19-37-0-R STOWE RICHARD C & FABIANO-STOWE 54 ELBOW POND DRIVE 54 ELBOW POND DRIVE BREWSTER MA 02631 (51-66) MARYELLEN 8596 19-38-0-R HALL JOHN W & JOAN FLAHERTY 40 ELBOW POND DRIVE 9817 SW 95 LOOP OCALA FL 34481 (51.67) C/O CHRISTY ROBERT D 8597 1939-0-R TRULL CAROL DENNIS 18 ELBOW POND DRIVE 18 ELBOW POND DRIVE BREWSTER MA 02631 (51-68) 9 /1 512 0 2 2 Page 1 19-32-0-R 19-33-0-E 19-34-0-R DRISCOLL DANIEL J & SHEILA M TRUSTEE: DRISCOLL FAMILY TRUST 41 LILLY LANE DEDHAM, MA 02026 19-35-0-R FIORE PAUL & TOI 51 ELBOW POND DRIVE BREWSTER, MA 02631 19-39-0-R TRULL CAROL DENNIS 18 ELBOW POND DRIVE BREWSTER, MA 02631 C & F DEVELOPERS SLOUGH ROAD BREWSTER, MA 02631 19-37-0-R STOWE RICHARD C & FABIANO-STOWE MARYELLEN 54 ELBOW POND DRIVE BREWSTER, MA 02631 MARTIN JOHN H &SHARON J 45 ELBOW POND DRIVE BREWSTER, MA 02631 HALL JOHN W &JOAN FLAHERTY C/O CHRISTY ROBERT D 9817 SW 95 LOOP OCA LA, FL 34481 19-38-0-R ws �N E.4UElq A� t� Town of Brewster 2198 MAIN STREET BREWSTER, MASSACHUSETTS 02631-1898 PHONE: 508.896.3701 EXT. 1120 FAX: 508.896.4538 brhealth gbrewster-ma.gov W W W.BREW STER-MA.GO V AGENDA ACTION ITEM FORM BOH Variance Agenda Item In -House Local Upgrade Approval Other. Board of Health Meeting Date: October 19, 2022 Project Location: 40 Elbow Pond Drive Map & Parcel: Owner's Name & Address: Robert D. Christy 9817 SW 95 Loop Ocala, FL 34481 Applicant: Robert Christy, 9817 SW 95 Loop, Ocala, FL 34481 Date Requested: October 3, 2022 Title 5 Variance Request: YesO No❑ 19/3 8 Health Department Amy ,von one, Director Sherrie McCullough, R.S. Assistant Director Tammi Mason Senior Department Assistant Board of Health Variance Request: YesO No❑Pond Setback — BVW 100'/Pond 300' Other: Yes ❑ No ❑ 1. In Zone II/DCPC and Private Well 2. In ESA— Site within 300' of Wetland (Elbow Pond), Zone II/DCPC/Private Well 3. Title 5 Inspection Report for a Real Estate Transfer dated June 28, 2022 Health Director's Comments: 1. The property consists of an existing 3 -bedroom dwelling serviced by a private well and a 1987 Title 5 septic system consisting of a 1000 -gallon septic tank, d -box, and two 20'L x 3' W x 1 'D trenches designed and approved for 3 bedrooms. 2. The lot is subject to septic flow restrictions per the Brewster Environmentally Sensitive Areas (ESA): 1 bedroom per 10,000 sf of land area. The existing lot is 15,445+/- sf which is grandfathered for the existing 3 -bedroom dwelling but is undersized for any additional flow. 3. Per the engineered site and sewage plan, the leaching facility is approximately 184' from the edge of Elbow Pond/Bordering Vegetated Wetland. N:\Health\BOH Meeting Notes\BOH Hearing Notes\40 Elbow Pond Drive M19P38 Agenda.Variance Action Item Form 10.12.22.docx 4. Map References: Cape Cod Water Resources Classification Map I, 6/18/2010 (Map referenced in approved BOH Regulation Regarding Variance Requests for On -Site Sewage Disposal System Applications): lot and septic system are not located within the Freshwater Recharge Area. Water Resource Atlas Fresh Water Ponds, Brewster MA: the proposed septic system is located outside the proposed septic system setback delineated boundary. Water -Table Map of Brewster and Harwich, 1987 (Map referenced in approved BOH Regulation Regarding Variance Requests for On -Site Sewage Disposal System Applications): groundwater is flowing Southerly and Southwesterly, and the proposed septic system is located downgradient of the pond. 5. The following variances are requested. Title 5. a. 15.211: 5' variance, proposed 5' separation between the SAS facility and property line b. 15.255: 2' variance, proposed 3' soil removal around leach facility Town of Brewster: a. Reg. 11 Real Estate Transfer Regulation, Sect. 5.2: 3.9' variance, proposed 3.4' Frimpter Groundwater Adjustment proposed b. Reg. 19 Leach Facility Setback Regulation: 116' variance, proposed 184' separation between the SAS facility and Elbow PondBVW 6. Minimum Recommended Conditions: a. Maximum 3 Bedrooms, no additional bedrooms allowed without further BOH review. A copy of the BOH Approval Letter to be recorded at the Barnstable County Registry of Deeds prior to issuance of the Certificate of Compliance upon completion of the septic system installation. A copy of the recorded letter to be placed on file at the BOH. b. Variance will expire one (1) year from the date of the BOH Approval. c. Existing Well must be tested and sample results submitted to the Health Department prior to the issuance of a Title 5 Installation Permit. N:\Health\BOH Meeting Notes\BOH Hearing Notes\40 Elbow Pond Drive M19P38 Agenda.Variance Action Item Form ]0.12.22.docx r D NO vy LLP" i FqQ 40 P4 F 8 RPO IR IO i,.. 0 Town of Brewster Health Department 2198 Main Street (508) 896-3701 Ext. 120 Brewster, Massachusetts 02631-1898 FEE: $25.04 FAX (508) 896-4 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM APPENDIX BREWSTER REGULATION Map_lLot _ Property Address `i!`_ �Lfitlt.s; ��Fl(i l,lUt Owner Address: Name of Inspector: MtWRRA L E. C4�srk 71C� ep Company Name, Address & Phone Number: lvr rruu,eciv'ntrnlTA� tt'C � ao�,c.�c�N �� Gur;i��o�c AA y1t7�}i Date of Inspection: 2 This iatspcction res repents (check one) (t Real Estate Transfer O Additiowalteration A) S�+stern Passes 13) S�+stem Conditionally Passes _ ___•Septic tank covers are more than 12 inches below the finished grade C) t'uritutr evaluaticm is required by the Board of Health Rec:ords show excessive pumping three or more times within any eighteen (t8) month period for residential or Commercial property; except fir required grease trap maintenance for commercial property. The leaching facility or facilities are located within 300 feet of a pond or lake �D System Fails (Brewster Real Estate Transfer requirements) V The s) rstem is in a state of disrepair such that it cannot function as it was originally intended; foot protective zone between the bottom of the system and the groundwater; The lack of a 4 Any other problem as defined by the Board of Health or its Director; -'—onsists of a single cesspool, or cesspools. The sewage disposal system c therein This inspection reflects ti this report based on the information contained stem. ********* e condition of said system and accepted tic, Hn«,.tet- Health Department has reviewed a ,- ndition of the Sanitary System and isnot any guarantee as to the life or tur co Owner information is required for every page. Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 40 Elbow Pond Drive Property Address John W. Hall and Joan Flaherty Hall Owner's Name Brewster MA 01631 June 28, 2022 City/Town State Zip Code Date of Inspection Inspection results must be submitted on this form. Inspection forms may not be altered in any way. Please see completeness checklist at the end of the form. A. Inspector Information 1. Inspector: Michael DeCosta, Jr. Name of Inspector Wind River Environmental Company Name 46 Lizotte Drive Suite 1000 Company Address Marlborough MA 01752 City/Town State Zip Code 508-400-8083 SI 13230 Telephone Number License Number B. Certification I certify that: I am a DEP approved system inspector in full compliance with Section 15.340 of Title 5 (310 CMR 15.000); I have personally inspected the sewage disposal system at the property address listed above; the information reported below is true, accurate and complete as of the time of my inspection; and the inspection was performed based on my training and experience in the proper function and maintenance of on-site sewage disposal systems. After conducting this inspection I have determined that the system: ❑ Passes ❑ Conditionally Passes ❑ Needs Further Evaluation by the Local Approving Authority Q Fails f June 28, 2022 Inspector's Signature Date The system inspector shall submit a copy of this inspection report to the Approving Authority (Board of Health or DEP) within 30 days of completing this inspection. If the system has a design flow of 10,000 gpd or greater, the inspector and the system owner shall submit the report to the appropriate regional office of the DEP. The original should be sent to the system owner and copies sent to the buyer, if applicable, and the approving authority. Please note: This report only describes conditions at the time of inspection and under the conditions of use at that time. This inspection does not address how the system will perform in the future under the same or different conditions of use. t5ins.doc � rev. 7/26/2018 Title 5 Official Inspection Form: Subsurface Sewage Disposal System � Page 1 of 18 Owner information is required for every page. Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 40 Elbow Pond Drive Property Address John W. Hall and Joan Flaherty Hall Owner's Name Brewster City/Town C. Inspection summary MA State 01631 Zip Code Inspection Summary: Complete 1, 2, 3, or 5 and all of 4 and 6. 1) System Passes: June 28, 2022 Date of Inspection ❑ I have not found any information which indicates that any of the failure criteria described in 310 CMR 15.303 or in 310 CMR 15.304 exist. Any failure criteria not evaluated are indicated below. Comments: 2) System Conditionally Passes: ❑ One or more system components as described in the "Conditional Pass" section need to be replaced or repaired. The system, upon completion of the replacement or repair, as approved by the Board of Health, will pass Check the box for "yes", "no" or "not determined" (Y, N, ND) for the following statements. If "not determined," please explain. The septic tank is metal and over 20 years old* or the septic tank (whether metal or not) is structurally unsound, exhibits substantial infiltration or exfiltration or tank failure is imminent. System will pass inspection if the existing tank is replaced with a complying septic tank as approved by the Board of Health. * A metal septic tank will pass inspection if it is structurally sound, not leaking and if a Certificate of Compliance indicating that the tank is less than 20 years old is available. ❑ Y ❑ N ❑ ND (Explain below) l5ins.doc � rev. 7/26/2018 Title 5 Official Inspection Fonn: Subsurface Sewage Disposal System � Page 2 of 16 Owner information is required for every page. Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 40 Elbow Pond Drive Property Address John W. Hall and Joan Flaherty Hall Owner's Name Brewster CitylTown MA State C. Inspection summary (cont.) 2) System Conditionally Passes (cont.): 01631 Zip Code June 28, 2022 Date of Inspection ❑ Pump Chamber pumps/alarms not operational. System will pass with Board of Health approval if pumps/alarms are repaired. ❑ Observation of sewage backup or break out or high static water level in the distribution box due to broken or obstructed pipes) or due to a broken, settled or uneven distribution box. System will pass inspection if (with approval of Board of Health): ❑ broken pipes) are replaced ❑ Y ❑ N ❑ ND (Explain below): ❑ obstruction is removed ❑ Y ❑ N ❑ ND (Explain below): ❑ distribution box is leveled or replaced ❑ Y ❑ N ❑ ND (Explain below): ❑ The system required pumping more than 4 times a year due to broken or obstructed pipe(s). The system will pass inspection if (with approval of the Board of Health): ❑ broken pipes) are replaced ❑ obstruction is removed ❑ Y ❑ N ❑ ND (Explain below): ❑ Y ❑ N ❑ ND (Explain below): 3) Further Evaluation is Required by the Board of Health: ❑ Conditions exist which require further evaluation by the Board of Health in order to determine if the system is failing to protect public health, safety or the environment. a. System will pass unless Board of Health determines in accordance with 310 CMR 15.303(1)(b) that the system is not functioning in a manner which will protect public health, safety and the environment: Title 5 Official Inspection Form: Subsurface Sewage Disposal Syslem � Page 3 of 18 l5ins.doc � rev. 7/26/2018 Owner information is required for every page. Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 40 Elbow Pond Drive Property Address John W. Hall and Joan Flaherty Hall Owner's Name Brewster City/Town MA State C. Inspection summary (cont.) ❑ Cesspool or privy is within 50 feet of a surface water 01631 Zip Code June 28, 2022 Date of Inspection ❑ Cesspool or privy is within 50 feet of a bordering vegetated wetland or a salt marsh b. System will fail unless the Board of Health (and Public Water Supplier, if any) determines that the system is functioning in a manner that protects the public health, safety and environment: ❑ The system has a septic tank and soil absorption system (SAS) and the SAS is within 100 feet of a surface water supply or tributary to a surface water supply. ❑ The system has a septic tank and SAS and the SAS is within a Zone 1 of a public water supply. ❑ The system has a septic tank and SAS and the SAS is within 50 feet of a private water supply well. ❑ The system has a septic tank and SAS and the SAS is less than 100 feet but 50 feet or more from a private water supply well**. Method used to determine distance: ** This system passes if the well water analysis, performed at a DEP certified laboratory, for fecal coliform bacteria indicates absent and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm, provided that no other failure criteria are triggered. A copy of the analysis must be attached to this form. c. Other: 4) System Failure Criteria Applicable to All Systems: You must indicate "Yes" or "No" to each of the following for all inspections: Yes No Q ❑ Backup of sewage into facility or system component due to overloaded or clogged SAS or cesspool ❑ [.7� Discharge or ponding of effluent to the surface of the ground or surface waters due to an overloaded or clogged SAS or cesspool Title 5 Official Inspection Form: Subsurface Sewage Disposal System � Page 4 of 18 t5ins.doc � rev. 7/26/2018 Owner information is required for every page. Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 40 Elbow Pond Drive Property Address John W. Hall and Joan Flaherty Hall Owner's Name Brewster MA 01631 June 28, 2022 City/Town State Zip Code Date of Inspection C. Inspection summary (cont.) 4) System Failure Criteria Applicable to All Systems: (cont.) Yes No Q ❑ Static liquid level in the distribution box above outlet invert due to an overloaded or clogged SAS or cesspool ❑ Q Liquid depth in cesspool is less than 6" below invert or available volume is less than'/z day flow ❑ Q Required pumping more than 4 times in the last year NOT due to clogged or obstructed pipe(s). Number of times pumped: ❑ Q Any portion of the SAS, cesspool or privy is below high ground water elevation. ❑ Q Any portion of cesspool or privy is within 100 feet of a surface water supply or tributary to a surface water supply. ❑ Q Any portion of a cesspool or privy is within a Zone 1 of a public well. ❑ Q Any portion of a cesspool or privy is within 50 feet of a private water supply well. ❑ Q Any portion of a cesspool or privy is less than 100 feet but greater than 50 feet from a private water supply well with no acceptable water quality analysis. [This system passes if the well water analysis, performed at a DEP certified laboratory, for fecal coliform bacteria indicates absent and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm, provided that no other failure criteria are triggered. A copy of the analysis and chain of custody must be attached to this form.] ❑ Q The system is a cesspool serving a facility with a design flow of 2000gpd-10,000gpd. Q ❑ The system fails. I have determined that one or more of the above failure criteria exist as described in 310 CMR 15.303, therefore the system fails. The system owner should contact the Board of Health to determine what will be necessary to correct the failure. 5) Large Systems: To be considered a large system the system must serve a facility with a design flow of 10,000 gpd to 15,000 gpd. For large systems, you must indicate either "yes" or "no" to each of the following, in addition to the questions in Section C.4. Yes No ❑ ❑ the system is within 400 feet of a surface drinking water supply ❑ ❑ the system is within 200 feet of a tributary to a surface drinking water supply ❑ ❑ the system is located in a nitrogen sensitive area (Interim Wellhead Protection Area - IWPA) or a mapped Zone II of a public water supply well Title 5 Official Inspection Form: Subsurface Sewage Disposal Syslem � Page 5 of 18 t5ins.doc � rev. 7/26/2018 Owner information is required for every page. Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 40 Elbow Pond Drive Property Address John W. Hall and Joan Flaherty Hall Owner's Name Brewster MA 01631 June 28, 2022 City/Town State Zip Code Date of Inspection C. Inspection summary (cont.) If you have answered "yes" to any question in Section C.5 the system is considered a significant threat, or answered "yes" in Section C.4 above the large system has failed. The owner or operator of any large system considered a significant threat under Section C.5 or failed under Section C.4 shall upgrade the system in accordance with 310 CMR 15.304. The system owner should contact the appropriate regional office of the Department. 6. You must indicate "yes" or "no" for each of the following for all inspections: Yes No Q ❑ Pumping information was provided by the owner, occupant, or Board of Health ❑ Q Were any of the system components pumped out in the previous two weeks? Q ❑ Has the system received normal flows in the previous two week period? ❑ Q Have large volumes of water been introduced to the system recently or as part of this inspection? Q ❑ Were as built plans of the system obtained and examined? (If they were not available note as N/A) Q ❑ Was the facility or dwelling inspected for signs of sewage back up? Q ❑ Was the site inspected for signs of break out? Q ❑ Were all system components, excluding the SAS, located on site? Q ❑ Were the septic tank manholes uncovered, opened, and the interior of the tank inspected for the condition of the baffles or tees, material of construction, dimensions, depth of liquid, depth of sludge and depth of scum? Q ❑ Was the facility owner (and occupants if different from owner) provided with information on the proper maintenance of subsurface sewage disposal systems? The size and location of the Soil Absorption System (SAS) on the site has been determined based on: 0 ❑ Existing information. For example, a plan at the Board of Health. Q ❑ Determined in the field (if any of the failure criteria related to Part C is at issue approximation of distance is unacceptable) [310 CMR 15.302(5)] Title 5 Official Inspection Form: Subsurface Sewage Disposal Syslem � Page 6 of 18 t5ins.doc � rev. 7/26/2018 r Owner information is required for every page. Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 40 Elbow Pond Drive Property Address John W. Hall and Joan Flaherty Hall Owner's Name Brewster MA 01631 June 28, 2022 City/Town State Zip Code Date of Inspection D. System Information 1. Residential Flow Conditions: Number of bedrooms (design): 3 Number of bedrooms (actual) DESIGN flow based on 310 CMR 15.203 (for example: 110 gpd x # of bedrooms): Description: Number of current residents: Does residence have a garbage grinder? Does residence have a water treatment unit? If yes, discharges to: Is laundry on a separate sewage system? (Include laundry system inspection information in this report.) Laundry system inspected? Seasonal use? Water meter readings, if available (last 2 years usage (gpd)): Detail: Well Water Sump pump? Last date of occupancy: l5ins.doc � rev. 7/26/2018 3 330 GPD 2 ❑ Yes Q No ❑ Yes Q No ❑ Yes Q No ❑ Yes Q No ❑ Yes Q No Well Water ❑ Yes Q No current Date Title 5 Official Inspection Form: Subsurface Sewage Disposal Syslem � Page 7 of 18 Owner information is required for every page. Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 40 Elbow Pond Drive Property Address John W. Hall and Joan Flaherty Hall Owner's Name Brewster City/Town MA State D. System Information (cont.) 2. Commercial/Industrial Flow Conditions: Type of Establishment: Design flow (based on 310 CMR 15.203): Basis of design flow (seats/persons/sq.ft., etc.): Grease trap present? Water treatment unit present? If yes, discharges to Industrial waste holding tank present? Non -sanitary waste discharged to the Title 5 system? Water meter readings, if available: Last date of occupancy/use: Other (describe below): 01631 Zip Code Gallons per day (gpd) Date June 28, 2022 Date of Inspection ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No General Information 3• Pumping Records: Source of information: Wind River Environmental last pumped on 11/01/2021. Was system pumped as part of the inspection? ❑ Yes Q No If yes, volume pumped: gallons How was quantity pumped determined? Reason for pumping: Title 5 Official Inspection Form: Subsurface Sewage Disposal System � Page 8 of 18 t5ins.doc � rev. 7/26/2018 r Owner information is required for every page. Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 40 Elbow Pond Drive Property Address John W. Hall and Joan Flaherty Hall Owner's Name Brewster City/Town MA State D. System Information (cont.) 4. Type of System: 01631 Zip Code Q Septic tank, distribution box, soil absorption system ❑ Single cesspool ❑ OverFlow cesspool ❑ Privy June 28, 2022 Date of Inspection ❑ Shared system (yes or no) (if yes, attach previous inspection records, if any) ❑ Innovative/Alternative technology. Attach a copy of the current operation and maintenance contract (to be obtained from system owner) and a copy of latest inspection of the I/A system by system operator under contract ❑ Tight tank. Attach a copy of the DEP approval. ❑ Other (describe): Approximate age of all components, date installed (if known) and source of information: 1987 per plans Were sewage odors detected when arriving at the site? ❑ Yes Q No 5• Building Sewer (locate on site plan): Depth below grade: 1.6 Material of construction: ❑ cast iron Q 40 PVC ❑ other (explain): Distance from private water supply well or suction line: feet 122' feet Comments (on condition of joints, venting, evidence of leakage, etc.): All the joints are sealed and there are no leaks. t5ins.doc � rev. 7 /2612 01 8 Title 5 Official Inspection Form: Subsurface Sewage Disposal System � Page 9 of 18 Owner information is required for every page. Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 40 Elbow Pond Drive Property Address John W. Hall and Joan Flaherty Hall Owner's Name Brewster MA 01631 CitylTown State Zip Code D. System Information (cont.) 6. Septic Tank (locate on site plan): Depth below grade: 0.8 feet June 28, 2022 Date of Inspection Material of construction: Q concrete ❑metal ❑fiberglass ❑polyethylene ❑other (explain) If tank is metal, list age: years Is age confirmed by a Certificate of Compliance? (attach a copy of certificate) ❑ Yes ❑ No Dimensions: 8' x 5' x 5' Sludge depth: 4" Distance from top of sludge to bottom of outlet tee or baffle 38" Scum thickness 6" Distance from top of scum to top of outlet tee or baffle 6" Distance from bottom of scum to bottom of outlet tee or baffle 15" How were dimensions determined? Tape Measure Comments (on pumping recommendations, inlet and outlet tee or baffle condition, structural integrity, liquid levels as related to outlet invert, evidence of leakage, etc.): The covers are 8" below grade. The tees are in good condition and the outlet has a filter installed. The liquid level is normal with moderate solids and sludge. The tank appears to be structurally sound and not leaking. t5ins.doc � rev. 7/26/2018 Title 5 Official Inspection Form: Subsurface Sewage Disposal Syslem � Page 10 of 18 Owner information is required for every page. Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 40 Elbow Pond Drive Property Address John W. Hall and Joan Flaherty Hall Owner's Name Brewster MA 01631 June 28, 2022 CitylTown State D. System Information (cont.) 7. Grease Trap (locate on site plan): Depth below grade: feet Zip Code Date of Inspection Material of construction: ❑ concrete ❑metal ❑fiberglass ❑polyethylene ❑other (explain): Dimensions: Scum thickness Distance from top of scum to top of outlet tee or baffle Distance from bottom of scum to bottom of outlet tee or baffle Date of last pumping: Date Comments (on pumping recommendations, inlet and outlet tee or baffle condition, structural integrity, liquid levels as related to outlet invert, evidence of leakage, etc.): 8. Tight or Holding Tank (tank must be pumped at time of inspection) (locate on site plan): Depth below grade: Material of construction: ❑ concrete ❑metal ❑fiberglass ❑polyethylene ❑other (explain): Dimensions: Capacity: Design Flow: t5ins.doc � rev. 7/26/2018 gallons gallons per day Title 5 Official Inspection Form: Subsurface Sewage Disposal System � Page 11 of 18 0 Owner information is required for every page. Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 40 Elbow Pond Drive Property Address John W. Hall and Joan Flaherty Hall Owner's Name Brewster City/Town MA State D. System Information (cont.) 8. Tight or Holding Tank (cont.) Alarm present: Alarm level: Date of last pumping: Comments (condition of alarm and float switches, etc.): 01631 Zip Code June 28, 2022 Date of Inspection ❑ Yes ❑ No Alarm in working order: ❑Yes ❑ No Date *Attach copy of current pumping contract (required). Is copy attached? 9. Distribution Box (if present must be opened) (locate on site plan): Depth of liquid level above outlet invert 2 ❑ Yes ❑ No Comments (note if box is level and distribution to outlets equal, any evidence of solids carryover, any evidence of leakage into or out of box, etc.): The distribution box is 10" below grade and 12" x 12". The box has two outlets not accessible to any liquid. The box is completely overfull. The leach lines are completely submerged underwater and are entirely full. There are _ multiple signs of hydraulic failure present. t5ins.doc � rev. 7/26/2018 Tille 5 Official Inspection Form: Subsurface Sewage Disposal System � Page 12 of 18 Owner information is required for every page. Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 40 Elbow Pond Drive Property Address John W. Hall and Joan Flaherty Hall Owner's Name Brewster City/Town MA State D. System Information (cont.) 10. Pump Chamber (locate on site plan): 01631 Zip Code June 28, 2022 Date of Inspection Pumps in working order: ❑Yes ❑ No* Alarms in working order: ❑Yes ❑ No* Comments (note condition of pump chamber, condition of pumps and appurtenances, etc.): * If pumps or alarms are not in working order, system is a conditional pass. 11. Soil Absorption System (SAS) (locate on site plan, excavation not required): If SAS not located, explain why: Type: ❑ leaching pits number: ❑ leaching chambers number: ❑ leaching galleries number: Q leaching trenches number, length: 2 @ 60' ❑ leaching fields number, dimensions: ❑ overflow cesspool number: ❑ innovative/alternative system Type/name of technology: Title 5 Official Inspection Form: Subsurface Sewage Disposal System � Page 13 of 18 t5ins.doc � rev. 7/26/2018 Owner information is required for every page. Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 40 Elbow Pond Drive Property Address John W. Hall and Joan Flaherty Hall Owner's Name Brewster City/Town MA State D. System Information (cont.) 11. Soil Absorption System (SAS)(Cont.) 01631 Zip Code June 28, 2022 Date of Inspection Comments (note condition of soil, signs of hydraulic failure, level of ponding, damp soil, condition of vegetation, etc.): There is wet, saturated soil around the piping. Signs of hydraulic failure are present. The vegetation is normal. 12. Cesspools (cesspool must be pumped as part of inspection) (locate on site plan): Number and configuration Depth -top of liquid to inlet invert Depth of solids layer Depth of scum layer Dimensions of cesspool Materials of construction Indication of groundwater inflow ❑ Yes ❑ No Comments (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.): t5ins.doc � rev. 7/26/2018 Title 5 Official Inspection Form: Subsurface Sewage Disposal System � Page 14 of 18 Owner information is required for every page. Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 40 Elbow Pond Drive Property Address John W. Hall and Joan Flaherty Hall Owner's Name Brewster MA 01631 June 28, 2022 City/Town State D. System Information (cont.) 13. Privy (locate on site plan): Materials of construction: Dimensions Depth of solids Zip Code Date of Inspection Comments (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.): t5ins.doc � rev. 7/2612018 Title 5 Official Inspection Form: Subsurface Sewage Disposal System � Page 15 of 18 Owner information is required for every page. Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 40 Elbow Pond Drive Property Address John W. Hall and Joan Flaherty Hall Owner's Name Brewster MA 01631 June 28, 2022 Citylfown State Zip Code Date of Inspection D. System Information (cont.) 14. Sketch Of Sewage Disposal System: Provide a view of the sewage disposal system, including ties to at least two permanent reference landmarks or benchmarks. Locate all wells within 100 feet. Locate where public water supply enters the building. Check one of the boxes below: Q hand -sketch in the area below ❑ drawing attached separately ELBOW POND ROAD L/C o� R/C Tank 20 Box 30 Tank 42 T -1 28 Box 56 1 - 2 32 T -1 56 1 - 2 56 l5ins.doc � rev. 7/26/2018 Title 5 Official Inspection Form: Subsurface Sewage Disposal System � Page 16 of 18 Owner information is required for every page. Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 40 Elbow Pond Drive Property Address John W. Hall and Joan Flaherty Hall Owner's Name Brewster MA 01631 City/Town State Zip Code D. System Information (cont.) 15. Site Exam: Q Check Slope Q Surface water Q Check cellar Q Shallow wells Estimated depth to high ground water: 14'+ feet Please indicate all methods used to determine the high ground water elevation: [Jj Obtained from system design plans on record If checked, date of design plan reviewed: 9/17/1987 Date June 28, 2022 Date of Inspection ❑ Observed site (abutting property/observation hole within 150 feet of SAS) ❑ Checked with local Board of Health -explain: ❑ Checked with local excavators, installers - (attach documentation) ❑ Accessed USGS database -explain: You must describe how you established the high ground water elevation: Obtained the groundwater information from the soil logs on the design plans. Before filing this Inspection Report, please see Report Completeness Checklist on next page. t5ins.doc rev. 7/26/2018 Tille 5 Official Inspection Form: Subsurface Sewage Disposal System � Page 17 of 18 � 0 Owner information is required for every page. Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form -Not for Voluntary Assessments 40 Elbow Pond Drive Property Address John W. Hall and Joan Flaherty Hall Owner's Name Brewster City/Town State 01631 Zip Code E. Report Completeness Checklist Complete all applicable sections of this form inclusive of: Q A. Inspection information: Complete all fields in this section. Q B. Certification: Signed &Dated and 1, 2, 3, or 4 checked Q C. Inspection Summary: 1, 2, 3, or 5 completed as appropriate 4 (Failure Criteria) and 6 (Checklist) completed Q D. System Information: For 8: Tight/Holding Tank -Pumping contract attached For 15: Sketch of Sewage Disposal System drawn on pg. 16 or attached For 16: Explanation of estimated depth to high groundwater included June 28, 2022 Date of Inspection t5ins.doc � rev. 7/26/2018 Title 5 Official Inspection Form: Subsurface Sewage Disposal System � Page 18 of 18 D U -N4 `T O IEP SEPTIC INSPECTION X�LI . l rlV'�t�r1 lioil�aoC�tioil 0 - LT�tw ���,:do, �-_ �i1]) f parcel _ ----_ 1nseeL 195 code} Yes ' 1�11'�1f1o21 � olitlt��ffetei'`). S. Is there a 4' separtLtioil (1978 code a' �tiotl ;este}2) (SAS) and adJusted 9 $eetweell the bottotll of the Sot � ar �OUINDA 'totI b. 8. t Bt3ttc;tla tzl ��,A.S. _ Se az•atiozl = _�------ f EljListed C)l1 iLHI01_� fRtC+' C� served OFOIJl:clih'41tv1T= TOW11 water ( )tai I'z'i%T(tte V+lell { �j )ist�iflCe from nearest septic s}istetn con�potlet�t:_ 1 No �Netl<ulds oz' surface lv'at�r �nJitllial l Q0' of septic sj�s1ez11`? �iSt'at1Ce fro"' 1MIresi septic system cUtllpozlc�lt: Gfoianciv+�atez' thou{ dia�eetioil: 9. Type.of pipt'. Lased izl s}rstetxl; C OraEli eberg _ — i?tller I0. Sat�itilz'y tees pj Yes ° b.a�#Ies iii place (Yes - ,Nj) tl�� IIIA'? � Selytic; tailk iallet ✓ �c Septic tanktlLatlet Planlp ell.famber fillet — D_Box ixllet fillet Grease trap — Grease trap outlet Kisers 1978 code �vitlli►1 l2 incllns c�f� �i�l �i�tttll,cjc,ilIpOIIcntS - -- IZisei's — '1995 code N�ritllitl G InClIc cl) RO C)Lie itlsl�ectto), port oil SAS 4DDENDUNI TO SEPTIC INSPECTION REPORT Ma & r1c rcel ir��.pcc#ion Location: `{G E&'�t.�i o�o l4..l�fF ________.___ � F . llesidential PL V112LIX it of rooms Bedrooms 3 Family Rooms � Living [looms Bathrooms Dining Rooms Kitchens Outer: _ Total: Jam? 2, E�loor Plan: Show all floors including, basement: Coitttt►flrcial Pro ert ' EtYtployees Tcilets Raatz)s �vitit bat}? Square Feet 3. Is tl3e septic system, as iuspecte�l, in full compliance with either the 19'8{v jar 1995 {) Title S Code? Yes __ Ynot, list deficiencies: the system in the Zone II (Wellhead t'rotecdon Area) Yes _ No Lot size:-- WWW.`I'OI��N,l3RI�1�VS'T'ER,AriA.IJ:� r—' t 1 FF r- v - - - -- — lr 3. Is tl3e septic system, as iuspecte�l, in full compliance with either the 19'8{v jar 1995 {) Title S Code? Yes __ Ynot, list deficiencies: the system in the Zone II (Wellhead t'rotecdon Area) Yes _ No Lot size:-- WWW.`I'OI��N,l3RI�1�VS'T'ER,AriA.IJ:� THE COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS Department of Agricultural Resources 251 Causeway Street, Suite 500, Boston, MA 02114 ��''''''''�� DA R 617-626-1700 fax: 617-626-1850 www.mass.gov/agr ___ MASSACHUSETTS DEPARTMENT OF AGRICULTURAL RESOURCES CHARLES D. BAKER KARYN E. POLITO BETHANY A. CARD JOHN LEBEAUX Governor Lt. Governor Secretary Commissioner NOTICE: PUBLIC HEARING FOR VEGETATION MANAGEMENT PLAN Pursuant to the Rights -of --Way Management Regulations (333 CMR 11.00) in order to apply pesticides to control vegetation to maintain Rights -of --Ways, the Massachusetts Department of Agricultural Resources (MDAR) must approve a Vegetation Management Plan (VMP) and a Yearly Operational Plan (YOP). The VMP is intended to justify the need to control vegetation, identify target vegetation, describe the intended methods of control, describe methods for identifying sensitive areas, describe operational guidelines for applicators, outline a program of Integrated Pest Management (IPM) designed to reduce the use of herbicides, and describe alternative land use activities. The following municipalities are advised that Eversource Energy, proposes to utilize herbicides to treat their Rights -of -Way on Cape Cod and Martha's Vineyard: MUNICIPALITIES BARNSTABLE EDGARTOWN SANDWICH BOURNE FALMOUTH TISBURY BREWSTER HARWICH TRURO CHATHAM MASHPEE WELLFLEET DENNIS OAK BLUFFS YARMOUTH EASTHAM ORLEANS PUBLIC HEARINGS SCHEDULED: In accordance with 333 CMR 11.05 MDAR will conduct a regional public hearing to receive public comment on the proposed Vegetation Management Plan for the Eversource Energy, Cape Cod and Islands as submitted by Eversource Energy. To provide all interested part ies an opportunity to comment on the proposed VMP, a public hearing will be held via Zoom: November 3, 2022, 11:00am-12:00 pm Meeting ID: 854 2364 7314 Passeode: 190512 https•//us02web zoom us/meeting/register/tZEpdegugiwpG9AVRgH04d7yN0Ywty08ReEZ Available for Public Review Prior to Hearings: Section 11.05 (3)(d) of the ROW Management Regulations provide: "At least 21 days prior to the end of the public comment period, the applicant shall send a copy of the proposed VMP to the chief elected official, the Board of Health, and the Conservation Commission in affected communities upon their request." Such request should be made to: William Hayes, Senior Arborist Eversource Energy, Eastern MA Vegetation Management 247 Station Drive, SE -370 Westwood, MA 02090-9230 781-441- 3932 (office) The proposed VMP is posted at http•//www mass goy/eea/agencies/ag_r/pesticides/vegetation-management-and- yearly-operation-plans.html and https://www.eversource.com/content/ema- c/residential/about/reliability/vegetation-management/transmission-system-vegetation- management/transmission-vegetation-management-projects for reviewing. It is also available for review at the Reference Desk of the following public library: Jonathan Bourne Library, 19 Sandwich Road, Bourne, Massachusetts Written Comments Requested The public hearings listed above will give interested parties the opportunity to present data, views or arguments, orally or in writing concerning the proposed VMP. Persons giving testimony are also requested to provide written comments. Written comments in advance of the hearing dates are welcome. The Department will accept written testimony concerning the Eversource Energy, Cape Cod and Islands VMP until the close of business (5pm): Monday, November 7, 2022. Commentary should be sent to: Rights -of --Way Program Massachusetts Department of Agricultural Resources 251 Turnpike Road Southborough, MA 01772 Comments period closes end of business (5pm): Monday, November 7, 2022 Page 2 of 2 March 253 2019 Director of Rights -of -Way Program Massachusetts State Pesticide Bureau 251 Causeway Street, Suite 500 Boston, MA 02114-2151 Dear Director; TOWN OF BREWSTER 2198 MAIN STRELI T BRE WSTRR, MA 02631 PHONB: (508) 896-3701 Exr 1120 FAx:(508)896-4538 BRHEALTx@BRE W STER-MA. G O V OFFICE OF HEALTH DEPARTMENT Since 2010 the Town of Brewster has collaborated with other Cape Tawns and our regional and state legislators to implement herbicide spray moratoriums across the Cape. On September 5, 2013 the Brewster Select Board promulgated a resolution, copy enclosed, requesting,N-Star, now Eversource, abandon the use of herbicides along rights of way on Cape Cod and the Islands and commit to a No -Spray, Pesticide Free Policy of vegetation management on Cape Cod and the Islands. In 2016, the Town of Brewster filed suit against Eversource to protect our single source aquifer, residents and private wells in Brewster. In 2019, all departments within the Town of Brewster have voluntarily eliminated the use of glyphosate on municipal properties, including the golf course. The Brewster Board of Health has endorsed our Select Board actions and is opposed to the Eversource 2019 YOP plan to use any of nine different herbicides on Cape Cod. The cumulative effect of yearly application of herbicides is unknown. The harmful effects of glyphosate on bees is well documented. Prenatal and childhood exposures to residential pesticides, Insecticides and herbicides are positively associated with a significantly greater risk of leukemiaz. Glyphosate has been linked in the long term to inhibition of the cytochrome P450 enzymes, disruption of serum sulfate transport and disruption of the normal intestinal bacteria in humans and other mammals3. The Town of Brewster is greatly concerned over the harmful effects of pesticides on its residents now and in the future. There are other safe ways to control vegetation along Eversource rights-of-way. The long term risk to Cape Cod residents and to our drinking water is too great to ignore the harm from chemical applications by Eversource. Sincerelyyouurs, rewster B CC: Mark Forest, Interim Town Administrator William Hayes, Supervisor Vegetative Management Representative Tim Whelan Representative Sarah Peake Association to Preserve Cape Cod POCCA I http•//www pnas orglcontent/early/2018/09/18/1803880115 Glyphosate perturbs the gut microbiota of honey bees, Erick V.S. Motta, K. Raymann and Nancy A. Moran s http•//midwestwysticideaction Oent/uploads/2015/12/MPAC VJhitePa9er-final-12 11 15 g Human Health and Pesticides: Glyphosate and 2.4-D. s Glyphosate's Suppression of Cytochrome P450 Enzymes and Amino Acid Biosynthesis by Out Microbiome: Pathways to Modern Diseases, Anthony Samsel and.Stephanie Seneff, Entropy, 2013, 15(4). 14264463;doi:10.3390/315041416 WWW.BREWSTER-MA.GOV Board of Selecttnen Town Admmish•ator D' = 2198 lyTaiii Street Booster, Massachusetts 02631-1898 •y (508) 896r370.1 FAX.(508) 8964089 1�SOI.,UTIO'N The Brewster B.oard•of Selectmen •once again requests that NSTAR abandon its current plan•to use herbicides along rights-of-way •on Cape Cod •and commit to a_NO-SPRAYrOFF STICIDE-FREE Policy& of vegetation management on Cape Cod and the Islands, h is ot�r undcrstcrndir�g that between, 20.04 and 2007, NSTAR began spraying. pesticides on Cape .Cod •alpng_ rights=Ql=way, Residents on Cape 6Cod learned of these pesticide plan's when NSTAR filed a new Vegetation Manageinetnt Plan ui 2008., Following months of public outcryand delay, NSTAR agreed to a moratorium Dir herbicide spraying through the end of 2.01 001t did •so. again, through 2012. It''1S OZlY ZfY181!ei'StCl1YC�Tng•-that in 2013 .they intend to begin spraying: once again. These. herbicides t1ueatpn public. health, the eszyiroI%idnt and preciou$ 'dtiriking Wator resources on Cape Cod. We, the undersigned town, oppose pestleide use along rights -.of Way on Cape Cod, and ask, that. NSTAR commit to a no -spray; herbiedde-free .policy on Cape Cod rights=of-way *(ROW) for the following reasons; + ItY.general,.hei•1?icides are harmful to Iivirig .organisms; • The lierbigides NSTAR proposes fpr Use on Cape Cod Dari. migrate pi'f rights -of --way, seeping into groundwater and surface water,.lliIling veptation outside of the•intended control. areas and exposing humans and aquatic organisnis to toxic. chemicals;. • State policy lags far bihind. current science iwthe. regulation of ierbieides. We•urgo state policy makers to review burrent herbiold@.regulations in light of latest scientific informagQn, We Yeeognize• that herbicide tt'eatinent can be lass expensive In the .short-term; however, the; use of 'herbloides - to Colltrol vegetation growth .along rights -of. --way on Cape Cod .is an unnecessary risk for public 7lealth and the erivirorirrierit.. The short-term filianoial benefits are. far outweighed by.the_ long-term liability for risks posed to precious drinking water, the health of Cape Cod communitiesi and the safety of workers. Y7re• :Yegtlest, by virtue of this RESOLUTlbl1, that NSTAR abandon its current plan to use herbicides along rights.=of way oilCape_ Cod and cominitto ano-spray, pesticide-$-Qa polie'y o�vegetation inanagerhe�t ori Cape Cod.and the Islands. Thank Brewster for Cod; .I?ickson, Chair Patricia fi, I3aghes, C[erkf Benj min.deRuyter of this Resolution and for .your interest in the .conceins of the citizens of BRrrViiSTE$ $O Al!2I? OF Colette Williams, Tpwn. Clerk. From: Carmen Scherzo [mailto:cssboh2017 gmail.com<mailto:cssboh2017 cr gmail,com>] Sent; Thursday, March 18, 2021 10:26 AM To: Amy von Hone<avonhone@brewster-ma.gov<mailto:avonhone@brewster-ma.gov>> Subject: Letter to Select Board Good morning Amy, Would you review and forward this email to the other members of the BOH for their review, comments, or suggestions? Carmen At our March 17, 2021 meeting the Board of Health reviewed the February 19, 2021 Eversource 45 Day Operational Plan Public Notice that stated Eversource intends to use herbicides, possibly including glyphosate, to treat their electric Rights -of -Way in Brewster this year. The Board of Health expressed their unanimous support for the Select Board to take whatever steps the Select Board feels are necessary to prevent herbicide spraying by Eversource in Brewster this year. Sincerely yours, Carmen S. Scherzo, DVM Chairman, Brewster Board of Health TOWN OF BREWSTER 2198 MAIN STREET BREWSTER, MA 02631 PHONE: (508) 896-3701 EXT 1120 FAx: (508) 8964538 BRHEALTH Ct BREWSTER-MA.GOV LOCAL REGULATION TO SUPPLEMENT TITLE 5 STATE ENVIRONMENTAL CODE MONITORING OF INNOVATIVE/ALTERNATIVE ON-SITE SEWAGE TREATMENT SYSTEMS OFFICE OF HEALTH DEPARTMENT 1. Authorityconsidering the permitting and use of various alternative septic treatment technologies in the Town of Brewster, the Brewster Board of Health recognizes that there may be specific local circumstances which warrant the Board to require more stringent conditions for the installation and monitoring of these alternative systems than may be required by the Massachusetts Department of Environmental Protection. As allowed under Massachusetts General Laws, Chapter 111, Section 31 and as permitted by 310 CMR 15.003 (3), 15.285 (2), 15.286 (5) and 15.288 (4), the Brewster Board of Health hereby adopts the following regulations concerning all innovative/alternative sewage treatment technologies and all systems where the soil absorption system is designed for pressure distribution of effluent. 2. Purpose —The purpose of this regulation is to provide a greater degree of protection to environmental and public health, to protect groundwater from contamination, prevent the spread of disease and provide specific reporting and monitoring requirement for the use of innovative/alternative sewage treatment technologies and pressure -distribution systems. 3. Monitoring Requirement —The Brewster Board of Health hereby requires that all owners and operators of innovative/alternative sewage treatment technologies and pressure -distribution systems approved for use in Brewster submit for approval to the Board of Health a proposed monitoring and reporting plan to evaluate the performance of the system. This plan shall include a description of any long-term operation or maintenance requirements of the alternative system and any education, financial assurance or other mechanism proposed to ensure effective long-term operation and maintenance. 4. Reporting of Monitoring and Maintenance Results —The Brewster Board of Health hereby requires that owners and operators of all innovative/alternative sewage treatment and pressure -distribution systems shall report the results of all operation, maintenance and monitoring activities required by the foregoing provision or by the Department of Environmental Protection to the Brewster Board through the Barnstable County Department of Health and Environment. Such reporting must be performed in the manner specified by the Board of Health in imposing the monitoring requirement or in the form approved by the Barnstable County Department of Health and Environment and must occur within 15 days after each maintenance or monitoring event. 5. Reporting of Malfunctioning Systems —The Board of Health hereby further requires that when a system operator performs a system inspection and finds that a sewage treatment technology has malfunctioning components which have comprised the system's ability to treat sewage as designed, the operator shall report on the system's status and any planned corrective action, including a proposed deadline WWW.BREWSTER-MA.GOV for said corrective action, to the Brewster Board of Health and the Barnstable County Department of Health and Environment within 48 hours of inspection. 6. Malfunctioning Systems — If at any time a monitoring or maintenance report indicates that an innovative/alternative system or system using pressure distribution is in need of corrective action, the Brewster Board of Health may hold a hearing to inquire as to whether corrective action is needed. If at such hearing, the Brewster Board of Health determines that such system is in need of corrective action, it may take enforcement action, including but not limited to the imposition of fines, orders to take corrective action or cease operation of the system, or any other action otherwise necessary to protect public health, safety, welfare and the environment. 7. Right to impose Additional Conditions Reserved —The Brewster Board of Health hereby reserves the right to impose any additional conditions, effluent water quality standards and/or monitoring and reporting requirements it views as necessary to ensure the safe performance of any innovative/alternative sewage treatment systems and all pressure -distribution systems permitted within the Town of Brewster. Such conditions may include, without limitation, specification of site or effluent characteristics; flow limitations; monitoring, testing and reporting requirements; a requirement that a certified operator operate the system; or financial assurance mechanisms. 8. Certified Operator Requirement — If a condition of approval for an innovative/alternative system or pressure -distribution system is that it be operated by a certified systems operator, the owner or operator shall provide the Brewster Board of Health with documentation verifying that said system will be operated by an operator certified by the Board of Certification of Operators of Wastewater Treatment Facilities pursuant to the provisions of Massachusetts General Laws, Chapter 21, Section 34A. A list of such certified operators doing business within the Town of Brewster shall be on file with the Brewster Board of Health for inspection or examination by any person. 9. Enforcement — In addition to the remedies described in the preceding sections, the Board of Health may enforce this regulation or enjoin violations thereof through any lawful process, and the election of one remedy shall not preclude enforcement through any other lawful means, including but not limited to the following: Whoever violates any provision of this regulation may be penalized by indictment or on complaint brought in the district court. Except as may be otherwise provided by law and as the district court may see fit to impose, the maximum penalty for each violation shall 5e a fine of not more than $1,000. Whoever violates any provision of this regulation may be penalized by anon -criminal disposition process as provided in Massachusetts General Laws, Chapter 40, Section 21D and the Town's non -criminal disposition bylaw. If non -criminal disposition is elected, then any person who violates any provision of this regulation shall be subject to the following penalties: • A fine of $30.00 for a first offense not corrected within 60 days of notice of the violation; • A fine of $60.00 for a second offense or failure to correct a prior offense within 120 days of notice of the violation; • A fine of $90.00 for a third offense or failure to correct a prior offense within 180 days of notice of the violation; • A fine of $120.00 for a fourth or subsequent offense or failure to correct a prior offense within 240 days of the notice of violation; and • An additional fine of $120.00 for failure to correct after each additional offense or 60 day period thereafter until compliance is met. Each day any violation exists shall be deemed to be a separate offense. Dr. Carmen Scherzo, Chairman Joe Ford Board Of Dr. Mary Chaffee Health Annette Graczewski Anne Bittner Adopted: December 20, 2005 Effective: Upon publication Amended: November 15, 2017 Effective: December 1, 2017 ALTERNATIVE SYSTEMS ~ 127 Beach Plum Lane - M33, L87 Bioclere System - Provisional qU X03 306 Blueberry Pond Drive - M27 L754 Presby Environmental - General 101,11> 200 Brier Lane - M48 L45 Perc Rite Drip Field Micro Fast 0.5 - Remedial qm!5 110 Burning Bush Way - M33, L267 Bioclere System - Provisional 34 Captain Connolly Rd- M51 L57 Perc-Rite Drip Dispersal -General VQ- 2q 5 9 Carson's Way - M36 L37401 Micro Fast 0.9 system - General 23 4PO 411 Carson's Way — M36 L37-104 H600A H -Series Hoot 23 "ta3 (off # Carson's Way - M36 L37405 Micro Fast 0.9 System - General 23�A Slv6 Carson's Way- M36 L37406 Micro Fast System - General Z3 -LOT 14 Carson's Way - M23 L67 -Micro Fast 0.5 system - General 234ol 26 Carson's Way - M36, L37-109 Micro Fast 0.5L System -General 2,3-'10 g 35 Carson's Way - M36, L37403 Fast 0.50 Treatment General 23442 40 Carson's Way - M36, L37407 Micro Fast 0.5 - General 2.3-44 19 Cedar Hill Road - M2 L52 Perc-Rite Drip Tubing 377 ZD 40 Cranview Road - M38 L74 EC -P Waterloo Biofilter System ib-loV 300 Foster Road - M6 L8 Microfast 0.5 - General 14-25 75 Johnson Cartway - M61 L20 Perc Rite - General U 1- 158 Jonathan's Way - M42, L112-1 Singulair System - General w/nitrogen requirements er,5 85 Hamilton Cartway - M47 L75 Advantex A20 15 l rp 88 Hamilton Cartway - M93 1.11 Bio Microbics Fast System/Drip Dispersal q Z " 42 Konohassett Cartway - M41 L11 Micro fast 0.5 w/ UV- General l z- ZS Long Pond Road - M42 L10 4000 gallon Septi Tech -General ?5"111 1597 Long Pond Road - M47, L114 Bioclere System - Provisional C(4�g3 15 Lower Road - M20, L39, Fast4.5 Unit -General ;5" ')- ( 540 Main Street - M22, 1.38-1 Fast -Micro System W/ UV - General with nitrogen requirements 2907 Main Street - (Ocean Edge) Amphidrome System -Pilot 54 Mates Way - M16, L94 Sludge Hammer - remedial fo' c) 39 McGuerty Road - M47 L107 Micro Fast 0.5 General q4�T 56 McGuerty Road - M47, L93 Singulair System - Pilot 26 Nancy May Path - M7 L11-4 Perc Rite qj" 78 Old Red Top Road - M38, L116 Singulair System - Remedial with nitrogen requirements I Zo'12 159-01d --s+rtgtrFatr-Syste,�----� le# Q5O1d Owl Pond Road - M31 L17 Perc-Rite Dispersal System 155 1,1 65 Pell's Fishing Road- M29 L18-22 White Knight system 125�5� 255 Robbins Hill Road- M19 L3-3 Perc Rite system 3V5? 298 Robbins Hill Road — M2 L8 Advantex AX25RT ` `e 17 Russell's Path — M33, L57 Waterloo Biofilter — Provisional ?16vl 0 Sachemus Trail M15 L125-2 Bioclere with Cultex leach field- General (f :50 Sarah Maker Lane — M41 L32-11 FAST Micro �`( Samoset Road — M33 L117 Fast system (Not installed yet) q 5� 13 l J,bLot =2 Satucket Road — M37, L29-2 — Singulair 960 NR 50 Sea Meadow Lane - M19, Lot82 - SeptiTech - provisional (not installed yet) 31'"1 6 Seaman's Lane - M38 L 118 0.5 Micro Fast l`�. t 53 Sheep Pond Circle - M41 L71- Biotube ProPak Pump 'g:� i 42 Six Penny Lane - M19, L10 Fast - Remedial 31-2l 157 South Orleans Road- M52, L314 & 33-2 - Septi -tech M3000N (fn -pr". ess of being -installed) 842 Stony Brook Road- M36 L20 - Single Use, Fast Remidial 35-9 IC 75 Swift Lane - M5 L21 Sludgehammer (never installed) 1 !-'-� 27 Thousand Oaks Drive - M42, L73-21 Advantex (01- Z 54 Thousand Oaks Drive - M42 L734 Microfast .9 ( 6g'2�3 Trevor Lane (Ocean Edge), system 12-3, -White Knight system 42 Warren's Road M2 L33 - Perc Rite Drip Dispersal System 3s 120 Woodlands Lane - (Pleasant Bay Assisted Living) M45, L67 - Amphidrome JH3- 2. 4 Alden Drive M 56 L 89 Bay Pines System 9(Ocean Edge) 9-11 Breakwater Road - M17 L67 141 Brewster Road, M24 L45 94 Cedar Hill Road - M2 L35 19 Cedar Hill Road - M2 L52 102 Cedar Hill Road - M2 L34 40 Cranview Road - M38 L74 PRESSURE DI5TRIBUTION SYSTEMS 46 Featherbed Lane - M38 1,36 121 Fiddlers Lane, M18 L55 169 Fiddlers Lane - M18 L38 Fletcher Village System 24(Ocean Edge) 11 Frederick Court M56 L67 1000 Freeman's Way - M52 1,6 Granite State Court - M30 L30-7 199 Hamilton Cartwy-M47 1,33-1 62 Harvest Lane - M5 L238 John Wings Lane - M36 L204 42 Konohassett Cartway - M41 L11 1646 Main Street - M24 L21 1671 Main Street 2639 Main Street M15 L107 2639 Main Street M15 1,107 (CF) 3260 Main Street - M13 1,43-1 & 2 89 Main Street - M21 L4 1990 Main Street, M17 1,474 1993 Main Street, M17 L24 2298 Main Street, M16 L80 3057 Main Street, M8 L8 3057 Main Street, M8 L8 523 Main 5treet-M22 L94 Lot 6 Mill Pond Drive - M34 L48 119 North Pond Drive - M 89 L61 254 Robbins Hill Road - M2 L12 255 Robbins Hill Road- M19 1,3-3 371 Robbins Hill Road - M2 L32 242 Seaway Road -M6 L24 53 Sheep Pond Circle - M41 L71 42 Six Penny Lane -M19 L10 & 12 56 Six Penny Lane -M19 1,67 157 South Orleans Roa d -M52 1,31-1 36 Southern Eagle Cartway M30 L18-1 Stony Brook_Rood, M22 L83 842 Stony Brook Rood -M36 L20 102 Susan Lane -M24 1,4044 90 The Channel Way - M4 1,384 93The Channel Way- M4 L48 57 The Channel Way- M17 L7 The Latham School -M24 L21 (2010) 2003) Brewster Senior Housing (2009) (2012) (2017) (2018) (not installed yet) (2013) (2009) (2015) (Not installed yet) ????? (2018) (2012) (2015) (not installed yet) (2006) (2008) (2016) (Not installed yet) (2008) (2015)(Not installed yet) (2017) (Not installed yet) (2017) (Not installed yet) (2017) (Not installed yet) (2007) Cobies (2008) (2015) (Not installed yet) (2005) The Brewster Inn (1995) Eddy Elementary School (2005) Cape Cod Sea Camps (2009) Cape Cod Sea Camps (2006) (2017) (not installed yet) (2019) (not installed yet) (2017) (2014) (2011) (2006) (2013) 2006) 016) (2016) (not installed yet) (2007) Paraclete Press (2002) Our Lady of the Cape Church (2007) (2006) 2008) 013) (2013) (2008) (2005) 4 Permit Number Site Address Sample Date Submit Date Operator TN (sum) Effluent Total Nitrogen Effluent Nitrate Effluent Nitrite Effluent Total Kjehldahl Nitrogen Effluent Ammonia Effluent Biochemical Oxygen Demand, 5- Day Effluent Carbonaceo us Biochemical Oxygen Demand, S- Day Effluent Total Suspended Solids Effluent Dissolved Oxygen Effluent pH Effluent Temperatur eF Effluent Fecal Coliform Effluent Oil and Grease Effluent Total Dissolved Solids Effluent Water Meter Reading Effluent Total Phosphorus Effluent Organic Phosphorus Effluent Conductanc a Effluent Alkalinity Effluent Organic Nitrogen Effluent Turbidity Effluent Color Effluent Odor Effluent Solids Effluent Chlorine Effluent Organophos phate Effluent Settleable Solids Effluent Chemical Oxygen Demand Effluent Total Iron Effluent colt Effluent Total Dissolved Phosphorus BREW -Beal 127 Beach PI 2003-09-04 2033-10-1715:50:09 82.607 82.607 0.005 0.002 82.6 1 336 185 7.5 3S4 BREW-OldIG 160 Old Red J 2003-30-21 2013-10-17 Siegmund 10.9 10.9 3.7 7.1 0.1 22 28 BREW-OId16160 old Red 2003-12-01 2013-30-17 Slegmund 10.34 10.34 0.05 0.69 9.6 10 22 6.9 BREW-Bea1 127 Beach PI 2003-12-04 2013-10-1715:50:07 8.45 8.45 5108 0.01 3.36 1.5 5 7.21 BREW-BurOl 19 Burning B 2003-12-04 2013.10-17 15:50:07 31.57 31.57 24 0.01 7.56 9.6 41.2 7.44 BREW-Old1 160 old Red 2005-02-01 2013-10-17 Slegmund 5.48 5.48 2.6 0.08 2.8 11 0.05 7.5 BREW-Lon35 1597 Long Pc 2005-02-24 2033-10-1809:59:21 62.71 62.7 44.4 0.91 17.4 15.9 56.7 6.7 12.3 BREW-Bea:12 127 Beach PI 2005-03-15 2013-10-18 Coastal 1.81 1.8 0.96 0.01 0.84 1.5 0.75 7.61 26.1 BREW-Buro119 Burning B 2005-03-15 2013-10-18 Coastal 20.75 20.8 16.7 0.69 3.36 5.3 13 7.18 16 BREW-OId16160 Old Red 2005-03-22 2013-10-17 Siegmund 9.51 9.51 0.11 1.3 8.1 11 0.05 7.1 BREW-Lon15 1597 Long P( 2005-05-26 2013.10-18 09:59:20 61.43 61.4 43.1 0.43 17.9 13.1 17 6.7 8.4 BREW-Hea12 127 Beach PI 2005-06-03 2013-10-18Coastal 10.185 10.185 2.56 0.625 7 7.5 7.38 122 BREW-MaI54 540 Main Sir 2005-07-25 2013-10-18 1wirs 25.075 25.1 0.25 0.125 24.7 2000 BREW-Lon15 1597 Long Pc 2005-08-18 2013-10-1809:59:20 20.94 20.9 14.7 0.36 5.88 7.1 24 6.91 1 36 BREW -01d16160 Old Red 2005-08-31 2013-30-17 Islegmund 17.1 17.1 14 1.7 1.4 14 12 BREW-Bea12 127 Beach PI 2005-09-19 2013-30-18 Coastal 1.5 1.5 0.09 0.01 1.4 1.5 4 6.83 55 BREW-OId16160 Old Red 2005-09-27 2013-10-17 Siegmund 7.07 7.07 1.41 0.57 5.1 38 33 6.8 BREW-BurOl 19 Burning 2005-09-27 2013-10-18Coastal 7.53 7.5 3.14 0.19 4.2 3.4 16 7.36 90 BREW -01d16 160 Old Red 2005-11-09 2013-10-17 Siegmund 35,731 35.73 3.5 0.23 32 81 26 7.2 BREW-Lon15 1597 Long Pc 2005-11-29 2013-10-1716:45:16 37.32 34.5 28.2 1 8.12 6.4 25 6.7 11.5 BREW-Rus01 17 Russells P 2005-12-08 2013-10-17 Gear Water 27.5 27.5 12.7 0.4 14.4 10.2 7 4 6.98 195 BREW-BurOl 19 Burning B 2005-12-13 2013-10-18 Coastal 11.53 11.5 8.34 0.39 2.8 10 9 7.29 43 BREW-Bea12 327 Beach PI 2005-12-13 2013-30-18 Coastal 2.95 3 1.81 0.02 1.12 1.5 7 7.82 142 BREW-OId16160 Old Red 2005-12-22 2013-10-17 Siegmund 3.605 3.61 2.1 0.005 1.5 0.05 0.05 7.7 BREW-0Id16 160 Old Red 2006-01-10 2013-10-18 Siegmund 21.33 21.3 1.3 r 0.03 20 32 35 7.2 BREW-OId16 160 old Red 2006-01-10 2013-10-18 Siegmund 21.33 21.33 1*31 0.03 20 32 15 7.2 BREW-Old16160 Old Red 2006-02-10 2013-10-18 Siegmund 4.33 4.3 3 0.03 1.3 32 7.4 BREW-OId16160 Old Red 2006-02-10 2013-10-ISLISlegmund 4.53 4.53 3 0.03 1.5 12 0.05 7.4 BREW-Lon15 1597 Long Pc 2006-02-28 2013-10-18 09:39:56 51.8 51.8 15.5 17 19.3 16.5 26.7 6.7 10.7 BREW-Rus0117 Russells P 2006-03-01 2013-10-18 d Clear Water 1 18.2 18.2 14.4 0.1 3.7 1.7 3.5 3 7.1 91 BREW-Bea12 127 Beach PI 2006-03-09 2013-10-18 4coastal 14.65 14.7 12.2 0.77 1.68 1.3 0.75 7.3 145 BREW-BurOl 19 Burning B 2006-03-31 2013-10-18 Coastal 8.265 8.3 5.29 0.175 2.8 3.4 0,75164 BREW-Lon15 1597 Longe 2006-05-24 2013-10-1809:39:55 30.3 28.3 1 1 28.3 34.8 12 6.95 169 BREW-Bea12 127 Beach PI 2006-06-09 2013-10-18 C Coastal 37.835 37.8 0.025 0.01 37.8 34.4 14 7.8 288 BREW-Bur0119 Burning 152006-06-09 2013-10-38 Coastal 7.43 7.4 5.18 0.01 2.24 3.5 2 6.71 69 BREW-RusO117 Russells P 2006-06-14 2013-10-18 C Clear Water, 21.88 21.9 12.6 0.18 9.1 6.6 8 4 6.53 164 BREW-RusOl 17 Russells P 2006-09-19 2013-30-18 1 Clear Water 1 14.1 14.1 11.6 0.1 2.4 0.79 3.5 2 6.56 134 BREW-Bea:12 127 Beach PI 2006-09-19 2013-10-18 1 Coastal 5.99 6 4.02 0.01 1.96 1.5 0.75 7.49 141 BREW-Bur01 19 Burning B 2006-09-21 2013-10-18 Coastal 8.71 8.7 5.9 0.01 2.8 1.5 3 7.18 58.8 BREW-Lon15 1597 Long P( 2006-11-27 2013-10-18 09:39:54 91.6 91.6 64.2 27.4 4.95 9 6.95 BREW-Rus01 17 Russells P 2006-12-12 learWaterl 12.2 12.2 10.2 0.1 3.9 0.56 3.5 0.5 6.54 85 BREW-Bur01 19 Burning B 2006-12-28 2013-10-18 Coastal 12.505 12.5 7.64 0.365 4.5 10.8 17 7.55 45.1 BREW-Bea12 127 Beach PI 2006-12-28 2013-10-18 Coastal 3.89 3.9 2.18 0.01 1.7 1.5 6 7.5 211 BREW-Bur0119 Burning 62007-03-08 2013-30-18 Coastal 13.925 13.9 9.74 0.385 3.8 1.5 6 6.7 34.4 BREW-Lon15 1597 Long Pc 2007-03-14 2013-10-1810:59:27 85.97 86 9.31 7.26 69.4 20.1 1 8.4 294 BREW-Rus0117 Russells P 2007-03-29 2033-10-18 Clearwaterl 13.85 13.9 8.5 0.05 5.3 3.2 10.8 3 6.65 58.5 BREW-RusOl 17 Russells P 2007-06-27 2013-10-18 Clear Water 1 24.58 24.6 10.3 0.28 14 7.7 3.5 1.5 6.45 84 BREW-Rus01 17 Russells P 2007-09-12 2013-30-18 Clear Water 1 20.3 20.3 1031 0.1 9.9 6.9 3.51 3 6A41 94 BREW-Lon1S 1597 Long P( 2007-09-18 2013-10-18 Bennett 105.28 1053 60 0.28 45 15 77 7.05 39 BREW-Bea12 127 Beach PI 2007-12-10 2013-10-18 Coastal 7.63 7.6 6.22 0.01 1.4 3.5 0.75 7.3 163 BREW-Lon1S 1597 Long Pq 2007-12-17 2013-30-16 Bennett 97,161 97.2 52 0.16 45 36 67 7.45 74 BREW-ThoOO 7Thousand 2008-03-12 2013-10-1811:28:13 39,381 3938 3.8 0.58 35 35 13 15 7.18 140 BREW-Lon15 1597 Long Pc 2008-04-16 2013-10-18 Bennett 63.91 63.9 35 0.91 28 35 51 6.93 42 BREW-Lon15 1597 Long Pc: 2008-06-20 2013-10-18 Bennett 50.3 1.3 1 48 43 110 120 BREW-Tho0C 7Thousand 2008-08-20 2013-10-1811:28:13 23.29 23.29 12 0.29 11 5.9 34 51 6.64 50 BREW-Bur01 19 Burning B 2008-09-30 2013-10-18 Coastal 9.235 9.2 5.84 0.595 2.8 1.5 0.75 6.55 70 BREW-Jon35158Jonatha 2008-10-21 2013-30-18 Siegmund 1.1 1.1 BREW OId07 78 old Red 2008-10-31 2013-10-18 Septic Prese 0 0.7 4 BREW-1on151581onatha 2008-11-24 2013-10-18 Siegmund 11.3 113 BREWThoO 7Thousand 9 2008-12-10 2013-10-1811:28:12 31.78 31.78 10 '0.78 21 21 35 4 6.85 110 BREW-Rus0117 Russells P 2009-05-26 2013-10-1811:52:07 30.27 30.27 1.09 0.18 29 7.3 11 11 22 7.3 85 BREWThoO 7Thousand 2009-06-04 2013-10-1831:50:11 62.8 62.8 3.5 0.3 59 51 58 34 280 BREW1on15158Jonatha 2009-06-18 2013-10-18 Siegmund 17.8 17.8 BREW-Lon15 1597 Long Pc 2009-07-09 2033-10-18 j Bennett 86.2 86.2 0.12 0.08 86 80 41 380 BREW-Tho(H 7Thousand 2009-08-11 2013-10-1811:50:11 34.73 34.73 16 0.73 18 14 6 61 BREW Tho 7Thousand 2009-08-11 2013-10-1811:50:11 34.73 34.73 16 0.73 38 14 6 61 BREW-BurOl 19 Burning B 2009-09-29 2013-10-18 Coastal 8.715 8.72 7.52 0.215 0198 1.5 0.75 7.11 58.8 BREW-Sat32 320 Satucket 2009-10-17 2013-10-18 Siegmund 0.3 0.3 0.3 2 35 BREW-Tho0 7Thousand 2009-11-04 2013-10-1811:50:10 16.58 16.58 SO 0.88 5.7 2.3 4 21 BREW-MCGO 56 McGue 2009-12-11 2013-10-18 Siegmund 15.2 15.2 1.2 0.6 13.4 26 14 7.1 BREW-Lon15 1597 Long P 2010-01-14 2014-02-04 Bennett 42.075 42.08 0.05 0.025 42 80 190 BREW-ThoOO 7Thousand 2010-01-20 2014-05-3011:28:29 23.1 23.1 9.5 1.6 12 30 9 16 18 BREW-Sat321 320 Satucket 2030-03-02 2014-05-30 Siegmund 18.8 18.8 3.1 6.7 9 22 35 BREW-Lon15 1597 Long P 2010-04-15 2014-02-04 Bennett 76.075 76.08 0.05 0.025 76 160 38 320 BREW-Lon15 1597 Long 2010-04-15 2014-02-04 Bennett 0 320 BREW-Lon35 1597 Long P 2010-07-12 2014-02-04 Bennett 11.57 11.57 8.5 0.17 2.9 1 2.5 36 BREW-Sat321 3205atucket 2010-07-18 2014-05-30 Siegmund 11.84 11.84 3.1 0.44 8.3 18 11 8.1 BREW-Jon15158Jonatha 2010-08-18 2014-05-30 Siegmund 6.7 6.7 BREW -Lon151597 Long Pc 2010-10-05 2014-02-04 Bennett 11.1 11.1 9.1 0.1 1.9 1 7.4 56 BREW-8ur01 19 Burning B 2010-30-15 2014-05-30 Coastal 9.666 9.67 6,54 0.186 2.94 3.3 4 7.67 BREW-Tho0 7 Thousand 2010-11-08 2014-05-3011:28:27 29.87 29.87 13 0.87 16 8.2 7 13 6.58 64 BREW-Lon35 1597 Long P( 2011-01-11 2014-02-04 Bennett 89335 89.34 0.31 0.025 89 210 52 350 BREW ThoO 7Thousand 2011-02-02 2014-05-3011:47:50 17.61 17.61 11 0.51 6.1 3.4 9 15 6.1 44 BREW-Lon15 1597 Long PC 2011-04-06 2014-02-04 Bennett 110,071 110.07 0.01 0.06 110 66 390 BREW-Sat32 320Satucket 2011-04-15 2014-05-30 Siegmund 9.95 9.95 3.8 0.85 5.3 17 12 7.9 BREW-JonlS 158Jonathar 2011-06-25 2014-05-30 Siegmund 4.7 4.7 BREW-Lon15 1597 Long PC 2011-07-18 2014-02-04 Bennett 11.68 11.68 6,8 0.58 4.3 65 7 BREW-MCGB 56 McGuert 2011-09-03 2014-05-30 q Siegmund 9.56 9.56 3.7 0.76 5.1 12 11 7.5 BREWJonlS 15BJonatha 2011-09-18 2014-05-30 Siegmund 3.5 3,5 BREW-LOn15 1597 Long PC 2011-10-06 2014-02-04 Bennett 8.81 8.81 3.6 0.21 5 7.8 36 49 BREW-Bur01 19 Burning 201140-27 2014-05d0 Coastal 9455 9.55 6.55 0.34 2.66 3.5 19 6.5 BREW-Sat32 320Satucket 2011 -ll -18 2014-05-30 Siegmund 10.6 10.6 1.9 0.9 7.8 22 17 7.9 BREW-Bea12 127 Beach P112011 -12-I30 2014-05-30 Coastal 21.04 21.04 15.4 0.32 5.32 16.8 3.8 6.1 80 BREW-Lon151597 Longe 2012-01-10 2014-02-04 Bennett 27.78 27.78 20 0.18 7.6 5,3 12 6.3 BREW-Lon15 1597 Long P4 2012-04-10 2014-02-04 Bennett 20.26 20.26 14 0.16 6.1 3 2.5 6.5 36 BREW-Bea12 127 Beach P112012-06-29 2014-05-30 Coastal 9.73 9.73 7.04 0.29 2.4 5.3 14 6.2 BREW-Lon15 1597 Long Pd 2012-07-09 2014-02-04 Bennett 9.63 9.63 5.5 0.13 4 1 16 55 BREW-Bur0119Burning Eq 2012-07-17 2014-05-30 Coastal 7 7 4.221 0.38 2.4 4.8 7 6.71 - 100 BREW-Lon15 1597 Long Pd 2012-10-09 2014-02-04 A Bennett 8.025 1 8.03 5.5 0.025 2.5 8.5 2.5 56 BREW-Sat32320 Satucket2012-10-15 30 Siegmund 13.2 13.2 4.4 1.7 7.1 15 12 7.9 BREW-Lon15 1597 Long P42013-01-09 04 Bennett 17.97 17.97 IS 1 5.97 3.9 2.5 25.2 BREW-Lon15 1597 Long P42013-04-11 4 Bennett 35.4 35.4 20 1.8 13.6 2.5 2.5 17 BREW-LOn15 1597 Long P42013 -OS -08 4 Bennett 27.3 27.3 20 ¢ 6.3 BREW-JonIS SSSJonatha 2013-07-02 4 Bennett P2014 5 5 BREW-LOn35 1597 Long P 2013-07-02 4 Bennett 18.61 18.61 it 0.36 7.25 3.4 2.5 41.1 BREW-Bur03 19 Burning B 2013-07-12 -11 Coastal 12.07 12407 7.19 0.38 4.5 4 5 7.6 120 BREW -Beal 127 Beach PI 2013-09-26 -11 Coastal 18.56 18,56 14.3 O.lfi 4.1 31.3 54 8 BREW-Lon351597 Longe 2013-10-03 -O2-04: -04 Bennett 10.64 10.64 7.2 0.12 3.32 1 2.5 44.9 BREW-JonlS 158Jonathar 2013-10-03 2014-02-04 Bennett 201 20 BREW-Jon15158 Jonatha 2013-12-12 2014-02-04 18ennett 0,051 0.05 BREW-JonIS 158 Jonatha 2014-01-14 2014-02-04 j Bennett 1,6 1.6 BREW-Lon15 1597 Long P 2014-01-14 2014-02-04 Bennett 13.07 13.07 9.8 0.44 2.83 5.5 2.5 35.4 BREW-JonlS 158Jonatha 2014-01-14 2014-07-11 Bennett 1.6 1.6 BREW-Lon15 1597 Long P42014-01-14 2014-07-11 Bennett 13.07 13.07 9.8 0.44 2,83 5.5 2.5 35.4 BREW-Lon15 1597 Long P 2014-04-07 2014-04-14 Bennett 23.95 23.95 6.1 0.25 17.6 21 27 85.2 BREW-Hea12127 Beach PI 2014-06-30 2015-01-06 Coastal 6.17 6.17 1.86 0.01 4.3 1.5 33 7.2 120 BREW-Lon15 1597 Long P42014-07-02 2014-07-18 Bennett 9.63 9.63 5.9 0.13 3.6 0 5.2 7 40.9 BREW1onIS 1581onatha 2014-07-02 2014-07-18 Bennett 18.61 18.6 3.8 3.7 11.1 BREW-Bur01 19 Burning B1 2014-07-18 2015-01-06 Coastal 7.631 7463 4.98 0.35 2.3 3.5 6 6.89 80 BREW.Rus01 17 Russells P12014-08-20 2014-09-11 01M. O'Reilly 23*981 23.98 6.72 0.26 17 0 0 0 10 8.39 6.77 74.23 0 14.6 BREW-Jon15158 Jonatha 2014-10-06 2014-10-09 Bennett 199.116 0.05 0.066 199 BREW-Lon151597 Longe 2014-10-06 2014-10-14 Bennett 4.35 4.35 1.2 0 3.15 3 43 7 68.4 BREW-Jonl5i 158.lonathar 2014-11-06 2014-11-14 Bennett 792.1 21 1.1 770 BREW-Rus0117 Russells P 2014-IZ-16 2015-01-12 1.M. O'Reilly 18.86 18.86 5.1 0.16 13.6 9.1 12 8.88 7.4 12 BREW-Lon15 1597 Long PC 2015-01-07 2015-01-30 Bennett 20.29 20.29 14 0.19 6.1 0 30 0 24.1 BREW-LOn35 1597 Long PC 2015-04-07 2015-05-01 Bennett 16.34 16.34 13 0.72 2.621 6.8 9 0 22 BREW Jonl5 158 Jonathar 2015-07-07 2015-07-30 Bennett 17.4 17.4 3.8 1.7 11.9 BREW-Lon151597 Long PC 2015-07-07 2015-07-30 Bennett 12.413 12.413 7.2 0.073 5.14 0 0 0 39.6 BREW-Bur0119 Burning B 2015-07-30 2015-11-17 Coastal 11.03 11.03 3.89 0.44 6.7 53 4 7.8 260 BREW-Lon15 1597 Long PC 2015-10-07 2015-10-20 Bennett 12.77 12,77 7.6 0.23 4.94 3.1 8,2 0 38.4 BREW-Jonl5158Jonatha 2015-10-07 2015-10-20 Bennett 43.7 43.7 28 0.5 15.2 BREW-Bea12 127 Beach P112015-11-30 2016-01-05 Coastal 69.82 69.82 14 0.82 55 6 9.7 7.67 BREW-Lon35 1597 Long P42016-01-12 2016-01-21 Bennett 12.25 12.25 7.7 0.67 3.88 5.2 0 0 39.5 BREW-Sat32 3205atucket 2016-04-11 2016-04-20 Bennett 21.68 21.68 5.7 0.88 15,11 78 0 0 BREW1onIS 158Jonatha 2016-04-13 2016-04-21 Bennett 42.92 0 0.72 42.2 ,Y• BREW-Lon15 1597 Long P42016-04-13 2016-04-21 Bennett 14.94 14.94 12 0.2 2.74 8.2 0 6.5 28.2 BREW-Bea12 127 Beach PI 2016-06-15 2016-08-26 ACoastal 201 20 201 0 0 0 0 6.56 68 BREW-Rus0117 Russells Pj 2016-06-22 2016-08-23 1.M. O'Reilly 6.97 6.97 4.47 0 2,5 0 0 7.02 BREW-Sat32 320 Satucket 2016-07-05 2016-07-19 Bennett 9.09 9.09 3.7 0.1 5.29 28 13 0 BREW-Lon35 1597 Long P 2016-07-05 2016-07-19 Bennett 12.79 12.79 9,4 0.32 3.07 0 0 0 29.7 BREW-JonIS 15BJonatha 2016-07-05 2016-07-19 Bennett 50.65 1 0.45 49.2 BREW-Rus0117 Russells P42016-09,,29 2016-10-17 1.M. O'Reilly 9.514 9.514 6.2 0.314 3 4 9.5 7.76 BREW-Sat32 320 Satucket 2016-10-11 2016-10-20 Bennett 54.44 54.44 30 0.34 24.1 45 15 0 BREW 1on15 IS81onatha 2016-10-11 2016-10-21 Bennett 808.234 0.15 0.084 808 BREW-LOn35 1597 Long P 2016-10-11 2016-10-26 Bennett 17.93 17.93 7.2 0.23 10.5 12 46 0 41.5 BREW-Old0778 Old Red T 2016-11-10 2016-11-29 Septic Prese 0 6.7 7.5 0 6.8 BREW-BurOI 19 Burning 2016-11-11 2016-11-11 Coastal 9.02 9.02 6.1 +� 0.52 2.4 0 6.7 7 0 BREW-Jon15 158Jonathar 2016-12-06 2016-12-21 Bennett 113.56 113.56 0 0.56 113 BREW-Sat32 3205atucket 2016-12-06 2016-12-21 Bennett 17.3 17.3 12 0.7 4.6 0 0 0 BREW-JonlS 158Jonathar 2016-1248 2016-12-21 Bennett 22.92 22.92 21 0,15 1.77 3.2 0 BREW-Sat32 320Satucket 2017-01-11 2017-01-19 Bennett 45.6 45.6 7.7 14 23.9 130 250 0 BREW-Lon15 1597 Long P 2017-01-11 2017-01-19 Bennett 40.62 40.62 23 0.22 17.4 9.1 26 0 8.8 BREW-Old0778 Old Red T2017-03-29 2017-04-10 Septic Preset 0 6.9 0 S,9 BREW-Sal:321 320 Satucket 2017-03-29 2017-04-111 Bennett 40.481 40.48 0.28 4.6 35.6 01 01 0 - BREW-Lon15 1597 Long P42017-03-29 2017-04-11 Bennett 16.66 0 14 0 2.66 0 0 0 0 BREW-Lon15 1597 Long P42017-04-06 2017-04-19 Bennett 19.76 19.76 17 0.23 2.53 23 8 0 14.8 BREW-Sat321 320 Satucket 2017-04-20 2017-04-20 Bennett 6.55 6.55 0 2.7 3.85 24 0 0 BREW-Rus0117 Russells P42017-06-29 2017-07-14 1,M. O'Reilly 17.032 17.032 5.74 0.292 31 10 6 6.6 BREW-Sat321 3205atucket 2017-07-13 2017-07-25 Bennett 25.66 25.66 24 0.15 1.51 10 34 if6.5 BREW-LOn35 1597 Long PC 2017-0743 2017-08-21 Bennett 9.69 9.69 6.4 0.19 3.1 0 100 6.5 46.1 BREW-Jon15158 Jonatha 2017-07-27 2017-11-22 Siegmund 34.7 11.5 11.5 11.7 BREW -Beal 127 Beach PI 201708-28 2017-09-11 Coastal 22.38 22.38 3,2 0.28 18.9 0 0 7.17 174 BREW-Bur01 19 Burning B 2017-09-07 2017-09-19 jCoastal 7.14 7.14 2,6 0.14 4.4 201 0 28 7.23 BREW-Rus0117 Russells P 2017-09-18 2017-10-02 J.M. O'Reilly 18.617 18.617 14.1 0.417 4.1 4,71 7 6.68 BREW-Sat32 320 Satucket 2017-10-11 2017-10-23 Bennett 27.97 27.97 17 0.37 10.6 41 97 0 BREW-McGO 56 McGuert 2017-10-11 2017-10-23 Bennett 78 78 0 01 78 100 100 7 1597 Long PC 2017-10126 2017-11-28 Bennett 2.86 2.86 0.92 0 1.94 0 0 0 78.3 BREW-Lon15 BREW-Sar05 50 Sarah Mal 2017-12-01 2019-01-31 WITS 25.22 23.3 0 1.92 BREW-0Id07 76 Old Red T 201742-13 2018-02106 Septic Preset 4.029 4.029 2.8 0.099 1.13 0 0 BREW-Jon15158Jonatha 2018-01-19 2018-01-31 Siegmund 50.8 2.1 9.4 39.3 BREW-Sat32 320Satucket 2018-01-24 2018-01-31 Bennett 31.26 ji 31,28 0.58 2.8 27.9 120 63 6.5 BREW.McGO 56 McGuert 2018-01-24 2018-02-06 A Bennett 0 0 0 0 0 B2260 0 BREW-Rus0117 Russells P42018-03-04 2018-04-16 1 Bennett 1 6.25 6,25 4.6 0 1.65 1 0 8.2 1 0 a BREW-Sat321 320 Satucket 2018-03-22 2018-04-10 Bennett 13.38 13.38 0.38 2.2 10.8 120 0 0 BREW-0Id07 78 Old Red T 2018-04-02 2018-04-18 Septic Preset 2.03 0 0 0 2,03 54 11 BREW-Jon15158Jonatha 2018-04-02 2018-04-18 Siegmund 0.13 0.13 BREWN-Sat321 320 Satucket 2018-04-03 2018-04-12 Bennett 19.3 19.3 4.5 3.1 11.7 180 120 0 BREW-LOn15 1597 Long Pc 2018-07-16 2018-07-31 Bennett 5.31 5.31 0.95 0 4.36 0 7.3 7 93.2 BREWN-Sat321 320 Satucket 2018-07-16 2018-08-29 Bennett 151.43 151.43 0.43 0 151 300 3300 7 BREW-Bea12 127 Beach PI 2018-08-20 2018-08-30 Coastal 21.6 21.6 18 1.38 2.22 0 0 7,33 45.6 BREW -Thou 54 Thousand 2018-09-07 2019-01-31 Mrs 44.9 F 33.9 0 11 BREW-Sat32 320 Satucket 2018-09-18 2018-10-02 Bennett 24.81 24.81 17 0.19 7.62 11 8.1 0 BREW-Bur01 19 Burning B 2018-09-24 2018-10-04 Coastal 21.3 21.3 21 0.3 0 8.4 0 15 6.81 BREW-Rus0117 Russells P. 2018-10-09 2018-11-01 Bennett 8.36 8.36 5.6 0 2.76 0 6 7 BREW-Sat32 320 Satucket 2018-10-09 2018-11-02 Bennett 22.1 22.1 17 0.31 4.79 14 6.9 0 BREWJon15158 Jonatha 2018-10-10 2018-10-25 Siegmund 48 48 21 2.6 24,4 BREW-OldO778 Old Red T 2018-10-10 2018-10-26 Septic Preset 13.86 13.86 4.2 4.2 5.46 3.6 41 BREW-McGO 56 McGue 2018-10-19 2018-10-31 Bennett 14.97 14.97 8.6 0.2 6.17 17 58 0 BREW-ThouO 54 Thousand 2018-11-30 2019-01-29 WINS 20421 1649 0 3.31 BREW-Sat32320 Satucket 2019-01-08 2019-01-23 Bennett 16.85 16.85 12 0.25 4.6 9.6 35 0 BREW-LOn15 1597 Long Pc 2019-01-08 2019-01-23 Bennett 9.85 9.85 7,6 0 2.25 0 32 0 41.9 BREW-Sar(351 50 Sarah Mal 2019-01-17 2019-02-01 WINS 25.97 15.7 0.3 9.97 BREW-Oldl6 160 Old Red 2019-01-22 2019-02-15 All Cape Env 52 52 0 0 52 7.01 BREW-Sea05 50 Sea Mead 2019-02-21 2019-03-12 WrS 8.01 8.01 0 0 0 0 8 BREWNINN 54 Thousand 2019-02-27 2019-03-22 WINS 58.56 28.7 0.86 29 BREW-Rus01 17 Russells P 2019-03-02 2019-05-29 Bennett 11.14 11.14 10 0 1.14 2.4 0 0 BREW-Sat32 320 Satucket 2019-04-02 2019-05-28 Bennett 27,6 27.6 0.52 0.58 26.5 190 26 0 1 1 BREW-0IdO7 78 Old Red 1p 2019-05-29 2019-10-22 Septic Preset 32.83 32.83 3 0.23 29,6 67 IS BREW Thou 54Thousand 2019-06-19 2019-07-16 Wry 39.52 35.4 0 4.12 BREW-Sea05 50 Sea Mead 2019-06-19 2019-07-16 WINS 9085 8.4 0 1.45 0 0 7,5 BREW -p 40Cranview 2019-06-27 2020-06-08 Demo Comp 0 BREW-Cra04 40Cranview 2019-06-27 2020-06-08 Demo Comp 0 0 16 046 6.65 15.91 3 6.1 0 BREW-Cra04 40Cranview 2019-06-27 2020-06-08 Demo Compl 0 O 1 6.04 4.76 16.25 0 0.63 6.2 0 BREW-Sat32 320 Satucket 2019-07-09 2019-09-11 Bennett 25.32 25.32 4.3 0.42 20.6 66 150 0 BREW-Lon151597 Longe 2019-07-09 2019-10-01 Bennett 16,541 16.54 13 0.65 2,891 3.2 11 7 45.3 BREW-SarOS 50 Sarah Ma 2019-07-23 2019-08-12 WINS 15,661 13.3 0 2.36 BREW-Cra0440 Cranview 2019-07-24 2020-06-08 C Demo Comp 0 0 1 5096 4.17 19.68 0 1.6 1 4.4 0 BREW-Cra0440 Cranview 2019-07-24 2020-06-06 Demo Comp 0 0 39 1.17 6.32 18.95 3.2 9.8 0 BREW-Cra0440 Cranview 2019-07-24 2020-06-08 Demo Comp 0 BREW-Cra04 40 Cranview 2019-08-13 2020-06-06 Demo Comp 0 0 1 5,38 3.73 19.12 0 1.8 3,61 2.2 BREW-Cra04 40Cranview 2019-08-13 2020-06-08 Demo Comp 0 0 30 1.19 6.38 19,88 1 3.7 6.7 3.2 BREWNCra04 40Cranvlew 2019-08-13 2020-06-08 C Demo Comp 0 BREW -Beal 127 Beach PI 2019-08-27 2019-09-06 Coastal 15.02 15,02 131 0.13 1.89 0 16 7.54 1 105 BREW-Cra04 40Cranview 2019-08-29 2020-06-08 Demo Comp 01 0 1 6.32 3.89 17,44 0 0.961 14 0.055 BREW -p 40Cranview 2019-08-29 2020-06-08 Demo Comp 0 0 17 2,46 6.66 19.68 5 5.3 4.1 BREWN-Cra04 40 Cranview 2019-08-29 2020-06-08 Demo Comp 0 BREW-Jon15158 Jonatha 2019-09-09 2019-10-10 Siegmund 3.7 3.7 BREW-0Id0778 Old RedT2019-09-09 2019-10-22 Septic Preset 28.87 28.87 17 1.9 9.97 32 5.1 BREW-Sat32320 Satucket2019-09-14 2019-11-26 Bennett 14.428 14.428 7,1 0.088 7.24 9.1 71 0 BREW-BurOi 19 Burning B 2019-09-18 2019-09-26 Coastal 9.844 9,8441 6.2 0.074 3.57 1 0 0 0 73 BREW-Sea05 50 Sea Meadj 2019-10-03 2019-11-04 WINS 3.24 2.11 0 1.13 13.2 0 7.8 BREW-Rus01 17 Russells Pj 2019-10-14 2019.11-25 Bennett 14.921 14.921 13 0.061 1.86 2.5 8,8 0 BREW-McGO 56 McGue 2019-10-14 2019-11-26 Bennett 960 960 0 0 960 990 9300 0 BREW -N 158Jonatha 2019-10-15 2019-10-22 Siegmund 8 8 BREW -p 40Cranview 2019-11-21 2020-06-08 Demo Comp 0 1 0 8.9 3.99 9.2 0 0.112 13 0,092 BREW{ra04 40Cranview 2019-11-21 2020-06-08 Demo Camp 0 3.4 4.44 7452 11 3.2 1.4 2.4 BREW-Cra0440 Cranview 2019-11-21 2020-06-08 Demo Compi 0 BREW-Jon15158Jonatha 2019-12-10 2020-01-03 Siegmund 1.2 1.2 BREW-OldO7 78 Old Red T 2019-12-16 2020-01-07 Septic Preset 5463 5.63 4.3 0 133 12 8 BREW-Bd20 200 Brier Lar 2019-12-18 2020-01-09 J,M. O'Reilly 7.804 7.8 6.39 0.214 1.2 0 17 9.45 7.08 BREW-Old0778 Old Red T, 2019-12-26 2020-01-07 Septic Preset 3.81 3.81 2.6 0 1.21 6.9 0 BREW-Sea05 SO Sea Mead 2020-01-13 2020-02-18 WINS 10,78 8.8 0 1098 0 0 7,5 BREW-Sar05 50 Sarah Mal 2020-01-14 2020-02-18 WINS 30.9 10,5 0 20.4 BREW-Lon15 1597 Long P42020-01-30 2020-03-06 Bennett 13,5 13.5 12 0.15 1.35 0 0 0 47,5 BREW-Sat32320 Satucket 2020-01-30 2020-O"B Bennett 70 70 0 0 70 530 3900 7 BREW -Brit 200 Brier Lap 2020-02-12 2020-03-18 IM. O'Reilly 0.37 0.37 0.37 0 0 0 3 10,73 10.96 BREW-Cra04 40Cranvlew 2020-02-20 2020-06-08 Demo Comp 0 1 1 O 7,07 4.47 4.4 1 0 0.49 1 1 0.05 BREW-Cra04 40Cranview 2020-02-20 2020-06-08 Demo Comp 0 79 3.6 7.55 5.4 0.88 0.56 0.72 BREW-Cra0440Cranview 2020-02-20 2020-06-08 Demo Compi 0 BREW-Sea05 50 Sea Mead 2020-04-09 2020-05-04 Wry 18.09 16.1 0 1.99 0 0 6.9 BREW-Sat32320Satucket 2020-05-01 2020-06-08 Bennett 33.14 33.14 0.46 0.78 31.9 110 43 7 BREW-Rus01 17 Russells P 2020-05-01 2020-06-24 Bennett 21.09 21.09 19 0,661 1.43 7.5 0 7 BREW-Old16 160 old Red 2020-05-07 2020-09-02 All Cape Env 4.33 4.33 2.6 0.53 1,2 6.32 BREWNCra04 40 Cranview 2020-05-20 2020-07-15 Demo Compi 0 1 1 0 6.41 4.78 13.3 0 0.51 1 2.1 0.056 BREW-Cra0440 Cranview 2020-05-20 2020-07-15 Demo Comp 0 26 0.29 7.08 12,5 1.1 5.8 1 BREWNCra0440Cranview 2020-05-20 2020-07-15 Demo Camp 0 BREW-OldO77801d Red T 2020-06-04 2021-01-25 Septic Preset24.1 24.1 9.4 1.6 13.1 76 11 BREW-Lon15 1597 Long P 2020-07-13 2021-02-11 Bennett 8.21 8.21 6.4 0.1 1.71 0 0 7.86 76,4 BREW-SarOSI SO Sarah Mal 2020-07-23 2020-08-17 WINS 48.8 30 0 18.6 BREW -N 54Thousand 2020-07-23 2020-08-17 WINS 93,41 27.3 0 66.1 BREW -01d:16 160 Old Red 2020-07-28 2021-01-06 All Cape Env 5.84 5.84 2.4 0.24 3.2 p 6.4 BREW-Sea05 50 Sea Mead 2020-08-13 2020-09-08 WrS 6.15 4.19 0 1.96 0 5 6.9 BREW-Cra04 40 Cranview 2020-08-20 2020-10-05 Demo Comp 0 0 0 3.45 4.54 21.4 0 0.58 0 1.7 04058 BREW -Crap 40 Cranview 2020-08-20 2020-10-05 Demo Comp 0 44 0.15 6.94 21.4 - 1.5 4,1 1.4 BREW -Crap 40Cranview 2020-08-20 2020-10-05 Demo Comp 0 BREW-1On15158Jonatha 2020-0B-28 2020-11-09 Siegmund 14 14 BREW-Bur01 19 Burning B 2020-09-09 2020-09-18 Coastal 15.82 15.82 8,8 0.42 6,6 17 0 57 6.84 BREW -01d16 160 old Red 2020-10-26 2021-01-06 All Cape Env 9.23 9,23 3.4 0.53 5.3 6.98 BREW-Sat32 320 Satucket 2020-10-26 2021-02-22 Bennett 26.9 26.9 0.46 0,34 26.1 78 830 7.98 BREW-McGO 56 McGuert 2020-10-26 2021-02-26 Bennett 422.85 422.85 2.6 0.25 420 1100 8300 7.69 BREW-Rus01 17 Russells P 2020-10-26 2021-04-08 Bennett 8.028 8.028 4.9 0.068 3.06 2.7 0 7.311 1 BREW-Cra0440 Cranview 2020-11-19 2020-12-28 Demo Comp 0 0 0 6,34 4.08 11 0 1 0 4 0.12 BREW -Crap 40Cranview 2020-S1-19 2020-12-28 Demo Com 0 37 3.73 7.78 125 5,8 2.1 5.1 BREW-Cra04 40 Cranview 2020-11-19 2020-12-28 Demo Comp 0 BREW-OldO778 Old Red T 2021-01-12 2021-04-22 Septic Preset 5,159 5.159 2.5 0.089 2.57 23 0 BREW-Jorl BREW-Sat32320Satucket2021-01-12 BREW-Lon15 158Jonathar2021-01-12 3597 Long Pc 2021-01-12 2021-04-22 Siegmund 2021-08-02 Bennett 2021-08-02 Bennett 6 27 6.714 27 6.714 6 0 5.2 3.4 0,084 23.6 1.43 130 4.7 75 0 7.14 7.71 82.2 BREW Thou BREW-Sea05 54 Thousand 50 Sea Mead 2021-01-15 2021-02-22 2021-02-22 WTS 2021-03-29 WTS 48,2 71.27 36.3 2.57 0 20.5 11.9 48.2 22 21 7.9 . BREW-Sar05l BREW-OldO7 BREW-McGO BREW-Bur0219 BREW-Sat32 BREW-Rus0117 50 Sarah Mal 78 Old Red T 39 McGuert 2021-02-22 2021-03-03 2021-03-15 2021-03-29 WTS 2021-04-22 t Septic Preset15.8 2021-04-12 1.M, O'Reilly SS.51 78.4 17,71 68.1 30.02 15.8 78.4 17.71 68.1 10.02 11 5.5 8.6 16 0 8.1 0 0.31 6,8 0.23 0 0 44.5 9.99 63 1.5 68.1 1.92 47 53 100 0 0 26 33 0 72 0 7.13 7.1 0 Burning 2021-03-22 2021-03-30 Coastal 2021-09-02 Bennett 2021-08-05 Bennett 320 Satucket 2021-04-01 Russells P 2021-04-01 BREW-Jon151581onatha BREW-Cra0440Cranview BREW-Cra04 40Crarl 2021-135-30 2021-05-13 2021-05-13 2021-07-29 Siegmund 2021-06-14 BCDHE 2021-06-14 BCDHE 16 0 0 16 12 47 5.16 -0.01 4.66 7.29 12.6 13.7 0 0.9 5.6 0 3 5.9 0.23 5.5 BREW-Cra044OCranview BREW-SeaOS BREW-McGO BREW-Sat32 BREW-LoniS BREW-OId077801d BREW-Cra0 BREW-Cra04 2021-06-14 BCDHE 2021-07-22 WTS 2021-07-09 J.M. O'Reilly 2021-08-16 Bennett 2021-08-02 Bennett 2021-09-24 Septic Preset 2021-08-30 BCDHE 2021-08-30 BCDHE 0 16.24 32.888 58,1 79.279 24.77 0 0 32.888 58.1 79.279 24.77 14.4 26 0 52 1.3 b 0.888 2 0.079 4.87 1.84 6 56.1 27.2 18.6 14 14 36 28 12 93 5.2 4.5 6 46 82 10 3.85 -0.01 7.8 0 5.5 3.48 7.32 21.3 23.3 0 1.9 6.8 0 0 1.1 7.6 0.78 5.5 50 Sea Mead 39 McGue 320 Satucket 1597 Long P42021-07-14 RedT 40 Cranview 40 Cranview 2021-05-13 2021-06-04 2021-06-10 2021-07-07 2021-08-30 2021-08-11 2021-08-11 BREW-Cra0440 Cranview 2021-08-11 2021-08-30 BCDHE 0 6,76 30.828 31 36.249 53.6 33.8 9.43 14.6 5,4 9.3 27 18 0 2,4 6.9 0 0 0,528 0.292 •0.249 0 94 0 3.44 1.36 21 3,61 18 51.6 23 2.53 27 11 47 51 4.1 0 11 41 6 4 45 120 62 0 7.6 6.5 7.29 6.83 7.23 78 BREW Thou 54Thousand 2021-08-12 2021-10-14 WTS 18,04 6.76 30.828 30.892 36.249 51,6 33.8 9.43 BREW-Bea12 BREW-McGO BREW-BrI201 BREW-TholH BREW-Sat32 BREW-MCGO BREW-Rus0117 127 Beach PI 39 McGuert 200 Brier Lan 7Thousand 4 320 Satucket 56 McGuert Russells P 2021-08-26 2021-0940 2021-09-10 2021-09-17 2021-11-01 2023-11-01 2021-11-01 2021-09-09 Coastal 202140-01 1M, O'Rellly 2021-10-06 5M. O'Reilly 2021-10-25 J.M. O'Reilly 2022-01-06 Bennett 2022-01-07 Bennett 2022-01-07 Bennett BREW-Rob2 BREW-CraO BREW-CraO 298 Robbins 40Cranview 400ranview 2021-11-01 2021-11-15 2021-11-15 2022-04-19 Bennett 2021-12-28 BCDHE 2021-12-28 BCDHE 84.3 0 0 84.3 66 0 18.3 0 0 56 10 7.68 0.22 3.55 7.51 0 3.1 8.6 0 4.3 4 1.5 8 BREW-Cra0440Cranview BREW-ThoO BREW-MCGO 7Thousand 39 McGue 2021-11-15 2021-11-30 2021-11-30 2021-12-28 BCDHE 2022-01-03 J.M. O'Reilly 2022-01-06 1.M.0'Rellly 0 31.98 27.51 31.98 27.51 22 19 0.28 0.41 9,7 8.1 4.8 7,2 46 9 6 BREW4on15158 BREW-Sat32 Jonatha 3205atucket 2022-01-05 2022-01-20 2022-01-28 Siegmund 2022-05-03 Bennett 2022-04-21 WTS 9.9 44.3 9.03 44.3 9,9 0 7.3 0 0 44.3 1.73 86 0 140 0 7.38 7.9 BREW-Sea05 SO Sea Mead 2022-02-08 BREW ThoO BREW -Beal BREW -Beal 7Thousand 127 Beach PI 127 Beach PI 2022-02-23 2022-03-0e 2022-03-08 2022-03-18 1,M. O'Reilly 2022-03-25 Coastal 2022-03-29 Coastal 28.8 19.2 19,2 28,8 19.2 19.2 21 18 16 0.1 1.2 1.2 7.7 0 0 16 0 0 58 97 97 6 7.66 7.66 44.2 44.2 ' BREW-McG13 BREW-Bur01 39 McGue 19 Burning 2022-03-09 2022-03-09 2022-03-244J... O'Reilly 2022-03-25 Coastal 51,54 19.75 51.54 19.75 6.3 19 0.24 0,35 45 0.4 0 2,2 0 11 8.7 7,4 BREW-Bur01 19 Burning 2022-03-09 2022-03d9 Coastal 19.75 19.75 19 0.35 0.4 2.2 0 8.7 7.4 BREW-CraO 40Cranview 2022-03-23 2022-04-27 BCDHE 0 BREW lon15158 BREW-Cra04 BREW-Cra0 Jonatha 40 Cranview 40Cranview 2022-03-23 2022-03-23 2022-03-23 2022-05-04 Siegmund 2022-05-17 BCDHE 2022-05-17 BCDHE 17 0 0 17 58 19 0 5.35 7.23 5.81 300 6.61 18.7 r 36 6,1 23 6.02 3,38 BREW-Sar05 50 Sarah Ma 2022-03-29 2022-05-17 WTS 30.25 9.85 0 20.4 BREW -Thou 54 Thousand 2022-03-29 2022-05-17 WTS 35.81 13.2 17.7 4.91 BREW-Gre08 83 Greenlan 2022-03-29 2022-05-17 N?S 37.8 17.6 0 20.2 BREW-Sat32 320 Satucket 2022-04-13 2022-05-03 Bennett 61.8 61.8 0 0 61.8 70 150 6.7 BREW-0ld07 BREW-Cra0440 BREW-Cra04 78 Old Red T Cranview 40 Cranview 2022-04-26 12022-05-18 2022-05-18 2022-05-22 Siegmund 2022-06-10 BCDHE 2022-06-10 BCDHE 6.09 0 0 6.09 3.2 0.23 2.66 19 8 56 6.5 4.9 0.05 5,31 0 4,31 6.8 6.9 3.35 6.99 7.45 2.3 7.03 BREW-Cxa04 40Cranview2022-05-18 2022-06-10 JBCDHE 0 BREW-McGO 39 McGuert 2022-05-23 2022-06-20 JJ,M, O'Reilly 40,951 40.95 17 0.95 23 35 31 +i 206 0 14 28 0 0 115 0 2 0 0 0 0 0 0 0 28 0 28 23 1 0 Counts for the # of ammeters 324 228 278 2 6 257 21 148 123 224 32 Non -Compliant Innovative/Alternative Septic System Referral Summary Barnstable County Department of Health and Environment P.O. Box 427, Barnstable, MA 02630 Christian Diaz Avalo 7 Thousand Oaks Drive Brewster, MA 02631 Referral Summary On 6/07/2022 an email was received from the Operator that the owner did not renew their O&M and a letter of non- compliance was sent on 6/21/2022. On 7/14/2022 another letter ofnon-compliance was sent via certified mail. The certified letter signature card was received back 7/21/2022, USPS shows delivered/signed for on 7/16/2022. As of today, August 11, 2022, the owner is still out of compliance. Contact Chronology 07/14/2022 - Letter sent via certified mail #70220410000021146675. 06/21/2022 - Letter sent via standard mail. Documentation The attached documents are copies of the correspondence sent to the owner. The originals are available if needed. Barnstable County Regional Government of Cape Cod Department of Health and Environment Innovative/Alternative Septic System Management and Compliance June 21st, 2022 Christian Diaz Avalo 121 Sheffield Road Brewster, MA 02631-2847 RE: Operation and Maintenance Contract for the Innovative/Alternative Septic System Installed at 7 Thousand Oaks Drive in the town of Brewster. Dear Christian Diaz Avalo, Our records indicate that the operation and maintenance contract with J.M. O'Reilly and Associates, Inc. for your innovative/alternative wastewater treatment system may have expired or was canceled as of June 7th, 2022. I am writing to remind you that the Massachusetts Department of Environmental Protection (MA DEP) and the Town of Brewster require you to keep an operation and maintenance (O&M) contract in effect at all times for your system. Information about these requirements may be found at https//septic barnstablecountyhealth.oro. You can access the list of wastewater operators of whom we are aware do business in Barnstable County. This septic database also provides further explanation about your I/A septic system, as well as any sample and inspection history for the performance of your system, as entered by previous service providers. My department oversees I/A septic system management and compliance efforts for the Board of Health in your town. We are authorized by your Board of Health to contact you to inform you of the above requirement and to request your compliance. Accordingly, please forward a copy of a signed contract via mail, fax, or e-mail within fifteen (15) days of receipt of this letter. For your convenience, I have enclosed a list of wastewater operators we are aware of that do business in Barnstable County. The firms listed operate multiple types of I/A technologies and are not associated with any particular technology or vendor. Please be advised that if you do not respond within fifteen (15) days of your receipt of this letter by forwarding a copy of a signed contract, you may be referred to the Brewster Board of Health for further enforcement action. I can be reached at 508-375-3645; my fax number is (508)362-2603. I can also be reached via email at tracy.long@barnstablecounty.org. Thank you for your prompt attention to this matter. Sincerely, Tracy Long CC: Brewster Board of Health Enclosures (2): Certified Wastewater Treatment System Operators List, Inspection and Testing Requirements BARNSTABLE COUNTY COMPLEX 3195 MAIN STREET / PO BOX 427 BARNSTABLE, MASSACHUSETTS 02630 Phone: (508)375-6613 1 Fax: (508)362-2603 1 TDD: (508)362-5885 Web: barnstablecountyhealth.org I Twitter: @BCHDCapeCod July 14thI 2022 Christian Diaz Avalo 7 Thousand Oaks Drive Brewster, MA 02631-2651 RE: Operation and Maintenance Contract for the Innovative/Alternative Septic System Installed at 7 Thousand Oaks Drive in the town of Brewster. Dear Christian Diaz Avalo, Our records indicate that the operation and maintenance contract with J.M. O'Reilly and Associates, Inc. for your innovative/alternative wastewater treatment system may have expired or was canceled as of June 7th, 2022. To date we have not received evidence that you have entered into a new operation and maintenance contract. I am writing to remind you that the Massachusetts Department of Environmental Protection (MA DEP) and the Town of Brewster require you to keep an operation and maintenance (O&M) contract in effect at all times for your system. Information about these requirements may be found at https://septic.barnstablecountyhealth.org, My department oversees I/A septic system management and compliance efforts for the Board of Health in your town. We are authorized by the Brewster Board of Health to contact you to inform you of the above requirement and to request your compliance. Accordingly, please forward a copy of a signed contract via mail, fax or e-mail within fifteen (15) days of receipt of this letter. For your convenience, I am enclosing a list of wastewater operators we are aware of that do business in Barnstable County. The firms listed operate multiple types of I/A technologies and are not associated with any particular technology or vendor. Please be advised that if you do not respond within fifteen (15) days of your receipt of this letter by forwarding a copy of a signed contract, I may refer you to the Brewster Board of Health for further enforcement action. You may be required to appear before the Brewster Board of Health to show cause as to why you have not maintained the required contract. I can be reached at 508-375-3645; my fax number is (508)362-2603. I can also be reached via email at tracy.long@barnstablecounty.org. Thank you for your prompt attention to this matter. Sincerely, Tracy Long CC: Brewster Board of Health Enclosures (2): Certified Wastewater Treatment System Operators List, Inspection and Testing Requirements Certified Letter Number: 70220410000021146675 V4 • rel c ertified Mail Fes ri rrJ ervices & Fees (cr ecL box rn Receipt (hardWp� C7rn Recelpt (eleotronlo)ried Mall Restricted Delverylt Signature Requiredlt Slglalure Restrkted Dative3erostage and Fees id8Postmark 5 Here ..s u a N Christian Diaz Avalo Q Sfieet iidA fti7 Thousand Oaks Dr ciydare,� Brewster, MA 02631-2651 ■Complete Items 'i, 2, and 3. o print your name and address on the reverse so that we can return the card to you. 8 Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: Christian Diaz Avalo l 7 Thousand Oaks Dr i Brewster; MA 02631-2651 I �I��I�I�I I'll llllll �IIII VIII IIIIIII IIIII� � �I� 9590 9402 7403 2055 8065 90 2. Article Number (Transfer from service lateen 7022 0410 0000 2114 6675 PS Form 3811, July 2020 PSN 7530-02-000-g053 A. Signature ,q p I/ /V`' A��] ❑Agent )( ❑ Addre B. Received by (Printed Name) C ate f D D. Is delivery address different from Item 1? es If YES, enter delivery address below: ❑ No 3. SerVlce Type ❑Priority Mail Express® ❑ Adult Signature ❑Registered MailT'^ ❑ Adult Signature Restricted Delivery ❑ Registered Mall Has clad '1+Cerlified Mallei Delivery ❑ Certified Mail Restricted Delivery ❑ Signature ConfirmationT"' ❑ Collect on Delivery Cl Signature Confirmation ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑ Insured Mall Insured Mall Restricted Delivery Domestic Return Receipt ; DEVAL L PATRICK Governor TIMOTHY P. MURRAY Lieutenant Governor Commonwealth of Massachusetts Executive Office of Energy & Environmental Affairs Department of Environmental Protection One Winter Street Boston, MA 02108 • 617-282-5500 RICHARD K SULLIVAN JR. Secretary KENNETH L. KIMMELL Commissioner GENERAL USE CERTIFICATION Pursuant to Title 5, 310 CMR 15.00 Name and Address of Applicant: Smith &Loveless, Inc. 14040 Santa Fe Trail Drive Lenexa, KS 66215 Trade name of technology and models: Smith &Loveless Modular FAST® Units for facilities with design flows of 2,000 gpd to less than 10,000 gpd (hereinafter called the "System"). Schematic Drawings illustrating the System, a design and installation manual, an owner's manual, an operation and maintenance manual, and an inspection checklist are part of this Approval. Transmittal Number: W069734 Date of Issuance: revised February 19, 2013 Authority for Issuance Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of Environmental, Protection hereby issues this General Use Certification to: Smith &Loveless, Inc., 14040 Santa Fe Trail Drive, Lenexa, KS 66215 (hereinafter "the Company"), certifying the System described herein for General Use in the Commonwealth of Massachusetts. The sale, design, installation, and use of the System are conditioned on compliance by the Company, the Designer, the Installer, the Service Contractor, and the System Owner with the terms and conditions set forth below. Any noncompliance with the terms or conditions of this Certification constitutes a violation of 310 CMR 15.000. David Ferris, Director Wastewater Management Program Bureau of Resource Protection February 19, 2013 Date This Information is available in alternate format. Call Michelle Waten;�kanem, Diversity Director, at 617-292-5751. TDD# 1-866-539-7622 or 1-617-574-6668 MassDEP Website: www.mass.gov/dep Printed on Recycled Paper Revised General Use Certification Smith & Loveless Inc. - Modular FAST Technology Description Page 2 of 3 The System, a fixed film aeration treatment process, is an aerobic process in which the media is 100 -percent submerged. In the submerged application, the aeration and mixing are provided by an airlift mechanism. A draft tube, in the center of the System, extends through the media. Air is pumped into the draft tube by a compressor; wastewater is pumped from below the media to the top of the submerged media. The pumped liquid impacts the splash plate, which directs the wastewater across the top of the submerged media. The splash plate also creates a break-up of the wastewater into droplets to increase the surface area of the liquid to enhance the aeration of the wastewater. The oxygenated wastewater then passes down, through the media, where the bacterial activity takes place. The System uses both fixed film and suspended bacteria in the degradation of the organic material. The System is designed to allow the plastic or epoxy -coated steel modular inserts, the treatment unit with the media, to be installed in an appropriately sized precast or cast -in-place concrete tank. The inserts are constructed of PVC or high-density polyethylene plastic in modular units with the number of units and the tank size governed by the wastewater design flow and characteristics. The System is designed with storage volume beneath the media to provide sludge storage of excess solids, which slough off the media. The sludge storage zone must be periodically pumped, based on sludge accumulation. Prior to or at the time the excess sludge is being removed, the air scour system should be activated to loosen and remove solids attached to the media. The removed solids will settle to the bottom of the tank and be removed with the sludge. Conditions of Approval The term "System" refers to the STU in combination with the other components of an on-site treatment and disposal system that may be required to serve a facility in accordance with 310 CMR 15.000. The terms "Approval" or "Certification" refer to the technology -specific Special Conditions, the Standard Conditions for General Use Certification of Secondary Treatment Units, the General Conditions of 310 CMR 15.287, and any Attachments. For Secondary Treatment Units that have been issued General Use Certification for the installation of a System to serve a facility where the site meets the requirements for new construction, the Department authorizes the sale, design, installation and use of the System, subject to the Standard Conditions that apply to all Secondary Treatment Units with General Use Certification and subject to the Special Conditions below applicable to this Technology. Special Conditions 1. The System is a Secondary Treatment unci wiui UGiioiai �J� �-.,��....,u�..,.-• �-- �----___..__ __ ____ Special Conditions contained in this Approval, the System shall comply with all the "Standard Conditions for Secondary Treatment Units Certified for General Use", except where stated otherwise in these Special Conditions. 2. The System is approved for facilities where the design flow is 2,000 gpd or greater and fsmithsp.doc Revised General Use Certification Smith & Loveless Inc. - Modular FAST Page 3 of 3 where a conventional system with a reserve area exists or can be built on-site in full compliance with the new construction requirements of 310 CMR 15.000 and has been approved by the local approving authority. 3. Since the System is not approved for design flows less than 2,000 gpd, the System shall not be entitled to the reduction in leachfield size provided in Paragraph II.4 of the Standard Conditions for General Use Certification of Secondary Treatment Units, and Paragraph II.5 shall not apply. 4. Prior to the submission of an application for a DSCP, for all nonresidential Systems and Systems with design flows of 3,000 gpd or greater, the Company shall submit to the Designer and the System Owner, a certification by the Company or its authorized agent that the design conforms to the Approval and all Company requirements and that the proposed use of the System is consistent with the Technology's capabilities. The authorized agent of the Company responsible for the design review shall have received technical training in the Company's products. fsmithsp.doc Charles D. Baker Governor Katyn E. Polito Lieutenant Governor Commonwealth of Massachusetts Executive Office of Energy & Environmental Affairs Department of Environmental Protection One Winter Street Boston, MA 02108 •617-292-5500 Standard Conditions for Secondary Treatment Units Certified for General Use Last Revised: March 20, 2015 Matthew A. Beaton Secretary Martin Suuberg Commissioner A Secondary Treatment Unit (STU) is an alternative technology designed to reduce the amount of organic material and solids in sanitary wastewater. An STU may be used as a component of an on-site sewage disposal system to enhance treatment prior to discharge to the soil absorption system (SAS). For residential systems with design flows less than 2,000 gpd, certain STU's may be used as a component of an on-site sewage disposal to reduce the effective leaching area required for the SAS where soil or site conditions may make conventional soil absorption systems more costly or less desirable to construct. For residential systems with design flows less than 2,000 gpd, an STU which allows for a reduced leach held may require less land area, potentially less fill, and less disturbance of the site. The System consists of an STU preceding a soil absorption system and, when the leaching area is reduced or the design flow is 2,000 gpd or greater, the SAS must be pressure dosed. A conventional septic tank precedes the STU unless exempt by the Special Conditions for a specific Technology. The use of an STU in accordance with this General Use Certification requires, among other things: • A Disclosure Notice in the Deed to the property (3 10 CMR 15.287(10)) (A Deed Notice template is available from the Department); • Certifications by the Designer and the Installer (3 10 CMR 15.021(3)); • A Massachusetts certified operator who has received training for the technology and is under contract for periodic inspection and maintenance (3 10 CMR 15.287(10)); • Periodic sampling, recordkeeping, and reporting, in accordance with this Approval; • Notification within 24 hours by the System Owner to the local approving authority of any System failure; • When pumping is required to discharge to the SAS, 24-hour emergency wastewater storage capacity above the elevation of the high level alarm; • System Owner Acknowledgement of Responsibilities, in accordance with this Approval. This information is available in alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617-292-5751. TTY# MassRelay Service 1-800-439-2370 MassDEP Website: www.mass.gov/dep Printed on Recycled Paper Standard Conditions for Secondary Treatment Units Page 2 of 16 Certified for General Use Last Revised: March 20, 2015 Definitions and References: The term "System" refers to the approved technology in combination with the other components of an on-site treatment and disposal system that may be required to serve a facility in accordance with 310 CMR 15.000. The term "Approval" or "Certification" refers to these Standard Conditions, the Special Conditions contained in the Technology Approval, the General Conditions of 310 CMR 15.287, and any Attachments. The Conditions contained herein MUST be read in conjunction with any special conditions that are Technology -specific. I. Purpose 1. This Certification is for the installation of a System to serve a facility for which a site evaluation in compliance with 310 CMR 15.000 has been approved by the Approving Authority and the site meets the siting requirements for new construction. 2. The sale, design, installation, and use of the System shall be subject to these requirements for all systems that submit a complete Disposal System Construction Permit (DSCP) application after the effective date of these Standard Conditions. Existing Systems and Systems for which a complete DSCP application was submitted prior to the effective date of these requirements shall not be subject to the design and installation requirements, however, the System Owner, the Service Contractor, and the Company shall be subject to all other requirements contained herein. 3. This Certification shall not be used for the installation of a System to upgrade or replace an existing failed or nonconforming system, unless the facility meets the siting requirements for new construction, including a reserve area. All other proposed upgrades utilizing this System shall be in conformance with the Remedial Use Approval issued by the Department for this System. 4. With the other applicable permits or approvals that may be required by Title 5, the Certification for General Use authorizes the installation and use of the System in Massachusetts. All the provisions of Title 5, including the General Conditions for Alternative Systems (3 10 CMR 15.287), apply to the sale, design, installation, and use of the System, except those provisions that specifically have been varied by this Approval. 5. Provided that the local approving authority approves the System in conformance with the Department's General Use Certification for the System, Department review and approval of the site-specific System design and installation is not required unless the Department determines on a case-by-case basis, pursuant to its authority at 310 CMR 15.003(2)(e), that the proposed System requires Department review and approval. Standard Conditions for Secondary Treatment Units Page 3 of 16 Certified for General Use Last Revised: March 20, 2015 II. Design and Installation Requirements 1. Effluent BODS, TSS and pH - The effluent discharge concentrations from the Secondary Treatment Unit to the SAS shall not exceed secondary treatment standards of 30 mg/L BODS and 30 mg/L TSS and the effluent pH range shall be 6.0 to 9.0. 2. Except where the Special Conditions for an approved Technology state otherwise, the Alternative System shall include a properly sized and constructed septic tank, designed in accordance with 310 CMR 15.223 —15.229, connected to the building sewer and followed in series by the Technology and the SAS. 3. Except where the Special Conditions for an approved Technology state otherwise, the Alternative System shall be installed in a manner which does not intrude on, replace, or adversely affect the operation of any other component of the subsurface sewage disposal system. 4. Residential stems less than 2000�d Alternative Design Standard to 310 CMR 15.242(1)(a) Effluent Loading Rates — For residential Systems with design flows less than 2000 gpd, the required effective leaching area may be reduced up to 50 percent when using the loading rates for gravity systems of 310 CMR 15.242(1)(a), provided that: a) no variance is granted for a reduction in depth to groundwater; b) no variance is granted for a reduced depth of pervious material; and c) effluent pressure distribution is provided and designed in accordance with Department guidance. The Department's Pressure Distribution Guidance dated May 24, 2002 can be viewed on the internet under Title 5/Septic Systems Guidance at http://mass.govldep/water/lawslpolicies.htm#t5guid . (Altern atively, the effluent loading rates provided in 310 CMR 15.242(1)(b) for pressure distribution maybe utilized, but no reduction in the effective leaching area may be taken when using these loading rates, as stated in the regulation.) For residential design flows of 2000 gpd or greater and for all nonresidential systems, no reduction in the effective leaching area is allowed. 5. When the System is allowed a reduction in the required effective leaching in accordance with Paragraph I.45 the installation shall not disturb the site in any manner that would preclude the future installation of the conventional full-sized primary SAS without encroaching on the reserve area. The record drawings, approved by the local approving authority, must clearly indicate the area for afull-sized conventional primary SAS and the full-sized conventional reserve area are for the sole purpose of upgrading the on-site sewage disposal system in the future, if necessary, without any increase in flow. 6. The record drawings, approved by the local approving authority, must clearly indicate the area for a conventional reserve SAS is for the sole purpose of upgrading the on-site sewage disposal system in the future, if necessary, without any increase in flow. Standard Conditions for Secondary Treatment Units Certified for General Use Last Revised: March 20, 2015 Page 4 of 16 Except for the installed SAS, the System Owner shall not construct any permanent buildings or structures or disturb the site in any manner that would encroach on the area approved for a full-sized conventional primary SAS or the area approved for a full-sized conventional reserve SAS. 7. In a nitrogen sensitive area (NSA), as defined in 310 CMR 15.215, Alternative Systems serving facilities with actual or design flows of 2,000 GPD or greater must include treatment with a Recirculating Sand Filter (RSF) or equivalent technology, as required by 310 CMR 15.202(1). Under this General Use Certification, Secondary Treatment Units are not approved as an RSF equivalent technology and shall not be installed in a NSA to serve facilities with actual or design flows of 2,000 GPD or greater. (The Technology may have a separate approval for nitrogen reduction, but must be installed under that approval.) 8. The System may only be installed in soils with a percolation rate of up to 60 minutes per inch (MPI). 9. Except for septic tank covers which are not required to be at grade, the frames and covers of all other access manholes and ports of the System components shall be watertight, made of durable material, and shall be installed and maintained at grade, to allow for necessary inspection, operation, sampling and maintenance access. Manholes brought to final grade shall be secured to prevent unauthorized access. No structures which could interfere with performance, access, inspection, pumping, or repair shall be located directly upon or above the access locations* conveyance lines and other 10. Y All System control units, valve boxes, distribution piping, y System appurtenances shall be designed and installed to prevent freezing. 11. The System control panel including alarms and controls shall be mounted in a location always accessible to the operator (service contractor). When pumping is required to discharge to the SAS, the System shall be equipped with sensors and high-level alarms to protect against high water due to pump failure, pump control failure, loss of power, system freeze ups, or backups. Emergency storage shall be provided when pumping to discharge is employed, including pressure distribution, such as when the System is allowed a reduction in the required effective leaching area, in accordance with Paragraph I.4. Emergency storage capacity for wastewater above the high level alarm shall be provided equal to the daily design flow of the System and the storage capacity shall include an additional allowance for the volume of all drainage which may flow back into the System when pumping has ceased. 12. System unit malfunction and high water alarms shall be readily visible and audible for the facility occupants and the Service Contractor and shall be connected to circuits separate from the circuits serving the operating equipment and pumps. 13. The System shall not include any relief valve or outlet for the discharge of wastewater to prevent flooding of the system, back up or break out. Standard Conditions for Secondary Treatment Units Certified for General Use Last Revised: March 20, 2015 Page 5 of 16 14. Any System structures with exterior piping connections located within 12 inches of or lower than the Estimated Seasonal High Groundwater elevation shall have the connections made watertight with neoprene seals or equivalent. 15. In compliance with 310 CMR 15.240(13), a minimum of one (1) inspection port shall be provided within the SAS consisting of a perforated four inch pipe placed vertically down to the elevation of the SAS interface with the underlying unsaturated pervious soils to enable monitoring for ponding. The pipe shall be capped with a screw type cap and accessible to within three inches of finish grade. (A locking cap at -grade is preferred for annual inspection.) 16. Upon submission of an application for a Disposal System Construction Permit (DSCP), the Designer shall provide to the local Approving Authority: a) proof that the Designer has satisfactorily completed any required training by the Company for the design and installation of the Technology; b) certification of the design by the Company for any residential system with a design of 2,000 gpd or more or for any proposed non-residential system or if required by the Special Conditions for an approved Technology; c) certification by the Designer that the design conforms to the Approval, any Company Design Guidance, and the 310 CMR 15.000; and d) a certification, signed by the Owner of record for the property to be served by the Technology, stating that the property Owner: i) has been provided a copy of the Approval, the Owner's Manual, and the Operation and Maintenance Manual and the Owner agrees to comply with all terms and conditions; has been informed of all the Owner's estimated costs associated with the operation including, when applicable: power consumption, maintenance, sampling, recordkeeping, reporting, and equipment replacement; iii) understands the requirement for a service contract; iv) agrees to fulfill his responsibilities to provide a Deed Notice as required by 310 CMR 15.287(10) and the Approval; v) agrees to fulfill his responsibilities to provide written notification of the Approval to any new Owner, as required by 310 CMR 15.287(5); vi) if the design does not provide for the use of garbage grinders, the restriction is understood and accepted; and vii) whether or not covered by a warranty, the System Owner understan ds the requirement to repair, replace, modify or take any other action as required by the Department or the local Approving Authority, if the Department or the local Approving Authority determines the System to be failing to protect public health and safety and the environment, as defined in 310 CMR 15.303. 17. The System Owner and the Designer shall not submit to the local Approving Authority a DSCP application for the use of a Technology under this Certification if the Certification has been revised, reissued, suspended, or revoked by the Department Standard Conditions for Secondary Treatment Units Certified for General Use Last Revised. March 20, 2015 Page 6 of 16 prior to the date of application. The Certification continues in effect until the Department revises, reissues, suspends, or revokes the Certification. 18. The System Owner shall not authorize or allow the installation of the System other than by a locally approved Installer and, if required by the Company, a person certified or trained by the Company to install the System. 19. Prior to the commencement of construction, the System Installer must certify in writing to the Designer, the local Approving Authority, and the System Owner that (s)he is a locally approved System Installer and, if required by the Company, is certified by or has received appropriate training by the Company. 20. The Installer shall maintain on-site, at all times during construction, a copy of the approved plans, the Owner's manual, the O&M manual, and a copy of the Approval. 21. Prior to the issuance of a Certificate of Compliance by the local Approving Authority, the System Installer and Designer must provide, in addition to the certifications required by Title 5, certifications in writing to the local Approving Authority that the System has been constructed in compliance with the terms of the Approval. 22. The Department has not determined that the performance of the System will provide a level of protection to public health and safety and the environment that is at least equivalent to that of a sanitary sewer system. If it is feasible to connect a new or existing facility to the sewer, the Designer shall not propose an Alternative System to serve the facility and the facility Owner shall not install or use an Alternative System; and When a sanitary sewer connection becomes feasible after an Altern ative System has been installed, the System Owner shall connect the facility served by the System to the sewer within 60 days of such feasibility and the System shall be abandoned in compliance with current Code requirements, unless a later time is allowed in writing by the Department or the local Approving Authority. III. Operation and Maintenance 1. To ensure proper operation and maintenance (O&M) of the System, the System Owner shall enter into an O&M Agreement with a qualified Service Contractor whose name appears on the Company's current list of Service Contractors and has been certified, at a minimum, at Grade Level II (two) by the Board of Registration of Operators of Wastewater Treatment Facilities, in accordance with Massachusetts regulations 257 CMR 2.00. Prior to commencement of construction of the System, the System Owner shall provide to the local Approving Authority a copy of a signed O&M Agreement. 2. From start up and thereafter, the System Owner and Service Contractor shall be responsible for the proper operation and maintenance of the System in accordance with this Certification, the Designer's O&M requirements, the Company's O&M requirements, and the requirements of the local Approving Authority. The System Standard Conditions for Secondary Treatment Units Certified for General Use Last Revised: March 20, 2015 Page 7 of 16 Owner and Service Contractor shall be responsible for compliance with all monitoring and inspection requirements. All inspection, operation, maintenance, and monitoring requirements remain in effect until the conditions are modified, terminated, or superseded by a new Approval. 3. The System shall comply with the following monitoring requirements and effluent limits. The required O&M Agreement with the Service Contractor shall include the following monitoring schedule, at a minimum, subject to modifications that may be required by Paragraphs III.7.a) and 7.b): Monitoring Sample Location Effluent Parameter Fre uenc Type Limits See frequency effluent of 6 to 9 pH specified grab treatment unit below See frequency effluent of < 40 NTU turbidity specified measure treatment unit below See Measure and settleable frequency effluent of record ml/1 solids specified measure treatment unit only below See Record frequency visual effluent of observation color specified observation treatment unit only below See dissolved frequency effluent of > 2 m /l mg/l oxygen (D.O.) specified measure treatment unit — Depth of See Inspection port to See Paragraph Ponding Paragraph measure bottom of SAS III.10 within SAS III.10 Thickness of Septic tank or floating Once every other process Pump out, as grease/scum 3 years measure tank where solids necessary la er are retained Depth of Septic tank or Sludge and Once every other process Pump out, as distance to measure 3 years tank where solids necessary effluent are retained tee/filter/outlet Standard Conditions for Secondary Treatment Units Certified for General Use Last Revised: March 20, 2015 Page 8 of 16 4. An individual household shall be monitored at least once every 12 months (exclusive of alarm responses or other maintenance visits). 5. Facilities (residential and nonresidential) with a design flow of less than 2,000 gpd, other than an individual household, shall be monitored a minimum of twice/year with a minimum of 5 months since the last monitoring inspection (exclusive of alarm responses or other maintenance visits) and a maximum of 7 months between monitoring inspections. 6. Facilities (residential and nonresidential) with a design flow of 2,000 gpd or greater shall be monitored quarterly not less than 2 months since the last monitoring inspection (exclusive of alarm responses or other maintenance visits) and not more than 4 months between monitoring inspections. 7. Systems installed under this Approval shall be subject to the following Performance Requirements: a) Whenever field tests indicate a pH outside the specified range, an exceedance of the turbidity limit, or D.O. below the desired minimum, the Service Contractor shall make adjustments and/or repairs to the System, as deemed necessary during the inspection, and collect an effluent sample for laboratory analysis for BODS and TSS; b) For an individual household, if laboratory analyses indicate an exceedance of 30 mg/L BODS or 30 mg/L TSS, the Service Contractor shall conduct a follow-up inspection and field-testing within 180 days of the original inspection date. Should the follow-up field-test indicate a pH outside the specified range, an exceedance of the turbidity limit, or D.O. below the desired minimum, the Service Contractor shall make adjustments and/or repairs to the System, as deemed necessary during the inspection, and collect another effluent sample for laboratory analysis for BODS and TSS; and c) Whenever two consecutive sampling rounds for any Secondary Treatment Unit include at least one exceedance of the limits for BODS or TSS, the System Owner shall be responsible for submitting to the local Approving Authority, within 90 days of the second exceedance of the limits for BODS or TSS, a written evaluation with recommendations for changes in the design, operation, and/or maintenance of the System. The written evaluation with recommendations shall be prepared by the Service Contractor or a Designer and the submission shall include all monitoring data, inspection reports, and laboratory analyses since the last annual report to the local Approving Authority. Recommendations shall be implemented, as approved by the local Approving Authority, in accordance with an approved schedule, provided that all corrective measures are implemented consistent with the limitations described in Paragraph Iva 104 Standard Conditions for Secondary Treatment Units Certified for General Use Last Revised: March 20, 2015 Page 9 of 16 8. Each time an Alternative System is visited by a Service Contractor the following shall be recorded, at a minimum: a) date, time, all. temperature, and weather conditions; b) observations for objectionable odors; c) observations for signs of breakout of sanitary sewage in the vicinity of the Alternative System; d) depth of ponding within the SAS, if measured; e) identification of any apparent violations of the Approval; f) since the last inspection, whether the system had been pumped with date(s) and volume(s) pumped; g) sludge depth and scum layer thickness, if measured; h) when responding to alarm events, the cause of the alarm and any steps taken to address the alarm and to prevent or reduce the likelihood of future similar alarm events; i) field testing results when performed as part of the site visit; j) samples taken for laboratory analysis, if any k) any cleaning and lubrication performed; 1) any adjustments of control settings, as recommended or deemed necessary; m) any testing of pumps, switches, alarms, as recommended or deemed necessary; n) identification of any equipment failure or components not functioning as designed; o) parts replacements and reason for replacement, whether routine or for repair; and p) farther corrective actions recommended, if any. 9. Unless directed by the local Approving Authority to take other action, the System Owner shall immediately cease discharges or have wastewater hauled off-site, if at any time during the operation of the Alternative System the system is in failure as described in 310 CMR 15.303(1)(a)1 or 2, backing up into facilities or breaking out to the surface. 10. Measuring the depth of ponding within the SAS above the interface with the underlying unsaturated pervious soils shall be performed once per year by means of the inspection ports and any other available access to the distribution system for: a) Residential systems less than 2000 gpd where the effective leaching area installed is less than that required by Title 5 (3 10 CMR 15.223-228); and b) Any system where a septic tank meeting the requirements of Title 5 has not been installed. (Not providing a septic tank meeting the requirements of Title 5 must be allowed by the Special Conditions of the Technology approval.) 11. Whenever an SAS inspection port measurement indicates the ponding level within the SAS is above the invert of the distribution system, an additional measurement shall be made 30 days later. If the subsequent reading indicates the elevation of ponding Standard Conditions for Secondary Treatment Units Certified for General Use Last Revised: March 20, 2015 Page 10 of 16 within the SAS is above the invert of the distribution system, the System Owner shall be responsible for submitting to the local Approving Authority, within 60 days of the follow up inspection, a written evaluation with recommendations for changes in the design, operation, and/or maintenance of the System. The written evaluation with recommendations shall be prepared by the Service Contractor or a Designer and the submission shall include all monitoring data, inspection reports, and any laboratory analyses for the previous year. Recommendations shall be implemented, as approved by the local Approving Authority, in accordance with an approved schedule, provided that all corrective measures are implemented consistent with the limitations described in Paragraph IV.10. IV. Additional System Owner and Service Contractor Requirements 1. Prior to commencement of construction of the System and after recording and/or registering the Deed Notice required by 310 CMR 15.287(l 0), the System Owner shall provide to the local Approving Authority a copy of: a) a certified Registry copy of the Deed Notice bearing the book and page/or document number; and b) if the property is unregistered lan d, a copy of the System Owner's deed to the property as recorded at the Registry, bearing a marginal reference on the System Owner's deed to the property. The Notice to be recorded shall be in the form of the Notice provided by the Department. 2. Prior to signing any agreement to transfer any or all interest in the property served by the System, or any portion of the property, including any possessory interest, the System Owner shall provide written notice, as required by 310 CMR 15.287(5), of all conditions contained in the Approval to the transferee(s). Any and all instruments of transfer and any leases or rental agreements shall include as an exhibit attached thereto and made a part of thereof a copy of the Approval for the System. The System Owner shall send a copy of such written notification(s) to the local Approving Authority within 10 days of giving such notice to the transferee(s). 3. The System Owner shall not install, modify, upgrade, or replace the System except in accordance with a valid DSCP issued by the local Approving Authority which covers the proposed work. 4. The System Owner shall provide access to the site for the Service Contractor to perform inspections, maintenance, repairs, and responding to alarm events, as maybe required by the Approval. 5. The System Owner and the Service Contractor shall maintain an O&M Agreement at all times. The duration of the O & M Agreement shall be at least one year and shall include the following provisions: Standard Conditions for Secondary Treatment Units Certified for General Use Last Revised: March 20, 2015 Page 11 of 16 a) The name of a Service Contractor, who meets the qualifications specified in the Approval, shall be included; b) The Service Contractor's responsibilities for inspection, operation, maintenance, monitoring, recordkeeping and reporting, as required by this Approval shall be included; c) The Service Contractor shall be responsible for obtaining lab analyses and submitting the monitoring results to the System Owner and the local Approving Authority in accordance with the reporting requirements; and d) In the case of a System which is determined to be failing to protect public health and safety and the environment, as defined in 310 CMR 15.303, an equipment failure, alarm event, components not functioning as designed, or violations of the Approval, procedures and responsibilities of the Service Contractor and System Owner shall be clearly defined, including corrective measures to be taken immediately. The System Owner and the Service Contractor shall maintain on-site, at all times, a copy of the O&M Agreement, the approved design plans, the Owner's Manual, and the O&M Manual, 6. The Service Contractor shall submit to the System Owner the O&M report and inspection checklist within 60 days of any site visit. 7. The System Owner and the Service Contractor shall maintain copies of the Service Contractor's O&M reports, inspection checklists, and all reports and notifications to the local Approving Authority for a minimum of three years. 8. Upon determining that the System is in violation of the Approval or the System is failing to protect public health and safety and the environment, as defined in 310 CMR 15.303, the Service Contractor shall notify the System Owner immediately. 9. Upon determining that the System is failing to protect public health and safety and the environment, as defined in 310 CMR 15.303, j Owner and the Service Contractor shall be responsible for the notification of the local Approving Authority within 24 hours of such determination. 10. In the case of a System that has been determined to be failing to protect public health and safety and the environment, an equipment failure, alarm event, components not functioning as designed, components not functioning in accordance with manufacturers' specifications, or violations of the Approval, the Service Contractor shall provide written notification within five days, describing corrective measures to the System Owner, the local board of health, and the Company and may only propose or take corrective measures provided that: a) all emergency repairs, including pumping, shall be in accordance with the limitations and permitting requirements of 310 CMR 15.353; b) the design of any repairs or upgrades are consistent with the System Approval; c) the design of any repairs or upgrades requiring a DSCP shall be performed by a Designer who is a Massachusetts Registered Professional Engineer or a Standard Conditions for Secondary Treatment Units Certified for General Use Last Revised: March 20, 2015 Page 12 of 16 Massachusetts Registered Sanitarian, provided that such Sanitarian shall not design a system with a discharge greater than 2,000 gallons per day. d) the installation of any repairs or upgrades requiring a DSCP shall be done by an Installer with a currently valid Disposal System Installers Permit and, if training is required, the Installer shall be certified by the Company as qualified to install the System. The System Owner shall also be responsible for ensuring written notification is provided within five days to the local board of health. 11. The System Owner and the Service Contractor shall provide written notification to the local Approving Authority within seven days of any cancellation, expiration or other change in the terms and/or conditions of a required O&M Agreement with a Service Contractor. The Service Contractor shall provide written notification to the Company within seven days of any cancellation, expiration or other change in the terms and/or conditions of a required O&M Agreement. 12. By March 1st of each year, the System Owner and the Service Contractor shall be responsible for submitting to the local Approving Authority all O&M reports and inspection checklists completed by the Service Contractor during the previous calendar year. 13. By March 1st of each year, the Service Contractor shall be responsible for submitting to the Company copies of all O&M reports including alarm event responses, violations of the Approval, inspection checklists completed by the Service Contractor, notifications of system failures, and reports of equipment replacements with reasons during the previous calendar year. 14. The Service Contractor shall notify the System Owner of these Conditions and any other changes to the terms and conditions of the Approval wn 60 days of any changes. 15. Within one year of any changes to the terms and conditions of the Approval, the System Owner shall amend, as necessary, the O&M Agreement required by Paragraph IV.5 to reflect the changes to the terms and conditions of the Approval. 16. To determine whether cause exists for modifying, revoking, or suspending the Approval or to determine whether the conditions of the Approval have been met, the System Owner shall furnish the Department any information that the Department requests regarding the System, within 21 days of the date of receipt of that request. 17. The Approval shall be binding on the System Owner and on its agents, contractors, successors, and assigns, including but not limited to the Designer, Installer, and Service Contractor. Violation of the terms and conditions of the Approval by any of the foregoing persons or entities, respectively, shall constitute violation of the Approval by the System Owner unless the Department determines otherwise. Standard Conditions for Secondary Treatment Units Page 13 of 16 Certified for General Use Last Revised: March 20, 2015 V. Company Requirements 1. The Approval shall only apply to model units with the same model designations specified in the System Approval and meet the same specifications, operating requirements, and plans, as provided by the Company or its authorized agent at the time of the application. Any proposed modifications of the units, installation requirements, or operating requirements shall be subject to the review of the Department for inclusion under a modification of the Approval. The Designer shall be responsible for the selection of the appropriate model unit except the Company shall be responsible for verification of the appropriate model unit as part of any review of proposed installations that may be required by Paragraph V.3 of these Standard Conditions or the Special Conditions in a Technology approval. 2. Prior to submission of an application for a DSCP, the Company or its authorized agent shall provide to the Designer and the System Owner: a) All design and installation specifications and requirements; b) An operation and maintenance manual, including: i) an inspection checklist; recommended inspection and maintenance schedule; iii) monitoring (i.e. water use), iv) alarm response procedures and troubleshooting procedures; c) An owner's manual, including alarm response procedures; d) Estimates of the Owner's costs associated with the operation including, when applicable: power consumption, maintenance, recordkeeping, reporting, and equipment replacement; e) A copy of the Company's warranty; an d f) Lists of trained Designers and trained Service Contractors and, if training is required by the Company, trained Installers. 3. Prior to the submission of an application for a DSCP, for all nonresidential Systems and Systems with design flows of 25000 gpd or greater, the Company shall submit to the Designer and the System Owner, a certification by the Company or its authorized agent that the design conforms to the Approval and all Company requirements and that the proposed use of the System is consistent with the Technology's capabilities. The authorized agent of the Company responsible for the design review shall have received technical training in the Company's products. 4. The Company must maintain programs of training and continuing education for Service Contractors. Training shall be made available at least annually. If the Company requires trained Designers or Installers, the Company or its authorized agent shall institute programs of training and continuing education that is separate from or combined with the training for Service Contractors. The Company or its authorized agent shall maintain, annually update, and make available by February 15th of each year, lists of trained Service Contractors and, if certification or training is provided by the Company, Designers and Installers. The Company or its authorized Standard Conditions for Secondary Treatment Units Certified for General Use Last Revised: March 20, 2015 Page 14 of 16 agent shall certify that the Service Contractors and, if training is provided, Designers and Installers on the lists have taken the appropriate training and passed the Company's training qualifications. The Company or its authorized agent shall further certify that the Service Contractors on the list have submitted to the Company all the reports required by Paragraphs IV. 10, 11, and 13. 5. The Company or its authorized agent shall not re -certify a Service Contractor if the Service Contractor has not complied with the reporting requirements for the previous year. 6. If training is required, the Company shall not sell the Technology to an Installer unless the Installer is trained to install the System by the Company. The Company shall require, by contract, that distributors and resellers of the Technology shall not sell the Technology to an Installer unless the Installer is trained to install the System by the Company. 7. As part of any training programs for Service Contractors, Installers, or Designers, the Company or its authorized agent shall provide each trainee with a copy of this Approval with the design, installation, O&M, and owner's manuals that were submitted as part of the Approval. 8. The Company shall provide, in printed or electronic format, the System design, installation, O&M, and Owner's manuals, and any updates associated with this System Approval, to the System Owners, Designers, Installers, Service Contractors, vendors, resellers, and distributors of the System. Prior to publication or distribution in Massachusetts, the Company shall submit to the Department for review a copy of any proposed changes to the manual(s) with reasons for each change, at least 30 days prior to issuance. The Company shall request Department approval for any substantive changes which may require a modification of the Approval. 9. Prior to its sale of any System that may be used in Massachusett s, the Company shall provide the purchaser with a copy of this Approval with the System design, installation, O&M, and Owner's manuals. In any contract for distribution or sale of the System, the Company shall require the distributor or seller to provide the purchaser of a System for use in Massachusetts with copies of these documents, prior to any sale of the System. 10. To determine whether cause exists for modifying, revoking, or suspending the Approval or to determine whether the conditions of the Approval have been met, the Company shall furnish the Department any information that the Department requests regarding the Technology within 21 days of the date of receipt of that request. 11. Within 60 days of issuance by the Department of these Conditions and any other revisions to the Approval, the Company shall provide written notification of chaziges to the Approval to all Service Contractors servicing existing installations of the System and all distributors and resellers of the System. Standard Conditions for Secondary Treatment Units Certified for General Use Last Revised: March 20, 2015 Page ID of 16 12. The Company shall provide written notification to the Department's Director of the Wastewater Management Program at least 30 days in advance of the proposed transfer of ownership of the technology for which this Certification is issued. Said notification shall include the name and address of the proposed owner containing a specific date of transfer of ownership, responsibility, coverage and liability between them. Allprovisions of this Approval applicable to the Company shall be applicable to successors and assigns of the Company, unless the Department determines otherwise. 13. The Company shall maintain copies of: a) the Approval; b) the installation manual specifically detailing procedures for installation of its System; c) an owner's manual, including alarm response procedures; d) an operation and maintenance manual, including. i) an inspection checklist; recommended inspection and maintenance schedule; iii) monitoring requirements and recommendations (including water use and power consumption when required) and sampling procedures, iv) alarm response procedures and troubleshooting procedures. e) estimates of the operating costs provided to the Owner, including, when applicable: power consumption, maintenance, recordkeeping, reporting, and equipment replacement; f) a copy of the Company's warranty; and g) lists of trained Service Contractors and, if training or certification is required, Designers and Installers. 14. The Company shall maintain the following additional information for the Systems installed in Massachusetts and make it available to the Department within 30 days of a request by the Department: a) the address of each facility where the System was installed, the Owner's name and mailing address (if different), the type of use (e.g. residential, commercial, institutional, etc.), the design flow, the model installed; b) the installation date, start -up date, current operational status; c) llatich the name of the Service Contractor, noting any canceons or anges to any Service Contracts; and d) copies of all Service Contractor records submitted to the Company, including all O&M reports with alarm event responses, all monitoring results, inspection checklists completed by the Service Contractor, notifications of system failures, and reports of equipment replacements with reasons. Standard Conditions for Secondary Treatment Units Certified for General Use Last Revised: March 20, 2015 Page 16 of 16 15. The Approval shall be binding on the Company and its officers, employees, agents, contractors, successors, and assigns, including but not limited to dealers, distributors, and resellers. Violation of the terms and conditions of the Approval by any of the foregoing persons or entities, respectively, shall constitute violation of the Approval by the Company unless the Department determines otherwise. VI. General Requirements 1. Any System for which a complete Disposal System Construction Permit ("DSCP") Application is submitted while the Approval is in effect, may be permitted, installed, and used in accordance with the Approval, unless and until: a) the Department issues modifications or amendments to the Approval which specifically affect the installation or use of a System installed under the Approval for the System; or b) the Department, the local approval authority, or a court requires the System to be modified or removed or requires discharges to the System to cease. 2. All notices and documents required to be submitted to the Department by the Approval shall be submitted to: Director Wastewater Management Program Department of Environmental Protection One Winter Street - 5th floor Boston, Massachusetts 02108 3. The Department may suspend, modify or revoke the Approval for cause, including, but not limited to, non-compliance with the terms of the Approval, for obtaining the Approval by misrepresentation or failure to disclose fully all relevant facts or any change in or discovery of conditions that would constitute grounds for discontinuance of the Approval, or as necessary for the protection of public health, safety, welfare or the environment, and as authorized by applicable law. The Department reserves its rights to take any enforcement action authorized by law with respect to the Approval and/or the System against the Company, a System Owner, a Designer, an Installer, and/or Service Contractor. Charles D. Baker Governor Karyn E. Polito Lieutenant Governor Commonwealth of Massachusetts Executive Office of Energy & Environmental Affairs Department of Environmental Protection One Winter Street Boston, MA 02108.617 292 5500 PROVISIONAL USE APPROVAL RENEWAL Pursuant to Title 5, 310 CMR 15.000 Name and Address of Applicant: K1eanTu LLC. 300 Old Pond Road, Ste# 206 Bridgeville, PA 15017 Trade name of technology and models: Kathleen A. Theoharides Secretary Martin Suuberg Commissioner NitROE® Waste -Water Treatment System tlTlitROE® WWTS) with unit sizing for design flows up to 2000 gpd (NitROE® 2KS WWTS and NitROE® 2KM WWTS) (hereinafter the `System' or the `Technology'). Owner and Operator manuals, installation manual, schematic drawings illustrating the System models and the technology inspection checklist are part of this Certification. DEP Transmittal No.: X285590 Date of Issuance: May 12, 2020, Expiration date: May 12, 2025 Authority for Issuance Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of Environmental Protection (hereinafter "the Department") hereby issues this Provisional Approval to: KleanTu LLC, located at 300 Old Pond Rd., Ste 206 in Bridgeville, PA (hereinafter "the Company"), NitROE® 2KS WWTS and NitROE® 2KM WWTS (hereinafter "the Technology" or "System") for use in the Commonwealth of Massachusetts subject to the conditions herein. Sale and use of the Technology is subject to compliance by the Company, the Designer, the System Installer, the Operator, and the System Owner with the terms and conditions herein. Any noncompliance with the terms or conditions of this Certification constitutes a violation of 310 CMR 15.000. Marybeth Chubb, Section Chief Wastewater Management Program Bureau of Resource Protection May 12, 2020 Date This information is available in alternate format. Contact Michelle Waters-Ekanem, Director of DiversitylCivil Rights at 617-292-5751. TTY# MassRelay Service 1-800-439-2370 MassDEP Website: vnvw.mass.govldep Printed on Recycled Paper KleanTu NitROE 2K Provisional Approval, May 2020 Page 2 of 15 Technology: NitROE® 2KS & 2KM WWTS I. PURPOSE Subject to the conditions of this Approval and any other local requirements, the purpose of this Approval is to allow installation and operation of at least 50 on-site sewage disposal systems utilizing the technology in Massachusetts in order to conduct a performance evaluation of the capabilities of the Technology during the first 3 years of operation of each system, in accordance with Title 5 — 310 CMR 15.286 (7), Provisional Approval of Alternative System. The specific goal of the Performance Evaluation is to determine if the Technology is capable of consistently meeting the concentration limits for total nitrogen (TN) of less than 11 milligrams per liter (mg/L) for installations with design flows less than 2,000 GPD in the effluent discharged to the soil absorption system. In areas subject to nitrogen loading limitations, increases in the discharge rate per acre may be allowed when the nitrogen concentration discharged to the soil is reduced. The Company is responsible for oversight and sampling of the systems during the Performance Evaluation. The System Owner has responsibility for continued oversight and sampling of the system if the property served was allowed to increase the discharge rate per acre above 440 gallons per day per acre (gpda) in an area subject to Nitrogen Loading Limitations. The System Owner will be required to repair, replace, modify or take any other action as required by the Department or the local approving authority, if the Department or the local approving authority determines that the System is not capable of meeting the required reduction in nitrogen in the effluent. With the other applicable permits or approvals that may be required by Title 5, this Approval authorizes the installation and use of the Alternative System in Massachusetts. All the provisions of Title 5, including the General Conditions for all Alternative Systems (310 CMR 15.287), apply to the sale, design, installation, and use of the System, except those provisions that specifically have been varied by this Approval. II. GENERAL DESCRIPTION OF THE TECHNOLOGY The NitROE ®2KS or 2KM WWTS (the `System') is installed in series between aTitle-5 system septic tank and a soil absorption system constructed in accordance with 310 CMR 15.100 — 15.279, subject to the provisions of this Approval to accommodate design flows of less than 2,000 GPD. The System is comprised of two -unit processes which are sequentially performed in two different chambers. The first chamber is aerated, via an external air pump and airline header/hose arrangement, to achieve both organic carbon reduction along with the biological conversion of ammonia -N to nitrate -N. From the Aeration Chamber, the wastewater then gravity flows into a Denitrification Chamber where, in the presence of natural organics from wood chips, bacteria mediate the conversion of nitrate -N to inert N gas that exits to the atmosphere via the Title 5 system vent piping. Depending on design flow and availability of local tank structures, the sequential Aeration and Denitrification process steps can be performed in the same single tank, which is NitROE® 2KS WWTS, or each process could be performed in its own separate tank with the overall NitROE® WWTS comprised of multiple tank combinations, which is NitROE® 2KM WWTS. The use of the Technology under this Approval requires: • Disclosure Notice in the Deed to the property; • Cert ifications by the Company, the Designer, and the Installer; • System Owner Acknowledgement of Responsibilities; GeanTu NitROE 2K Provisional Approval, May 2020 Page 3 of 15 Technology: NitROE® 2KS & 2KM WWTS • A certified operator under contract for periodic inspection and maintenance; • Periodic sampling; • Recordkeeping and reporting; and • An external power supply III. CONDITIONS OF APPROVAL A. Basis for Conditions 1. The term "System" refers to the Technology in combination with any other components of an on-site treatment and disposal system that may be required to serve a Facility in accordance with 310 CMR 15.000. 2. The term "Approval" includes the Special Conditions, Standard Conditions, General Conditions of 310 CMR 15.287, and the approved Attachments. 3. Items required by this Approval include: a) Performance Evaluation Plan (PEP) with sampling and analysis requirements and approved by the Department. The PEP must be submitted to the Department for review and approval within 60 days of issuance of this Approval and meet the requirements of the Department's Guidance for the Preparation of Performance Evaluation Plans <2, 000 GPD; b) Minimum System installation requirements; c) Company schematic drawings and specifications; d) Owner's Manual, including information on substances that should not be discharged to the System; e) Operation and Maintenance manual, including but not limited to, operator qualification requirements, inspection requirements, sampling and analysis requirements, recordkeeping requirements, and/or reporting requirements; and f) MassDEP Operation and Maintenance (O&M) checklist and I/A technology inspection checklist. B. Special Conditions 1. Department review and approval of the System design and installation is not required unless the Department determines on a case-by-case basis pursuant to its authority at 310 CMR 15.003(2)(e) that the proposed System requires Department review and approval. 2. System installations must meet the specific siting conditions for Provisional Use provided in 310 CMR 15.286(4) and the facility must meet the siting requirements of this Approval. 3. Any System for which a complete Disposal System Construction Permit Application is submitted while this Approval is in effect, maybe permitted, installed, and used in accordance with this Approval unless the Department, the local approval authority, or a court requires the System to be modified or removed or requires discharges to the System to cease. 4. The System Owner shall provide access to the site for purposes of sampling the System in accordance with the Company's technology Performance Evaluation Plan approved by the KleanTu NitROE 2K Provisional Approval, May 2020 Page 4 of 15 Technology: NitROE® 2KS & 2KM WWTS Department, in addition to providing access for performing inspections, maintenance, repairs, and responding to alarm events. 5. The System Owner shall ensure that no permanent buildings or structures, other than the System, are constructed in the area for the installation of all the components of a fully conforming Title 5 system with a reserve area. The area for a fully conforming Title 5 system with a reserve area shall not otherwise be disturbed by the System Owner in any manner that will render it unusable for future installation of a fully conforming Title 5 system. 6. The Department has not determined that the performance of the System will provide a level of protection to public health and safety and the environment that is at least equivalent to that of a sanitary sewer system. If it is feasible to connect a new or existing facility to the sewer, the Designer shall not propose an Alternative System to serve the facility and the facility Owner shall not install or use an Alternative System. When a sanitary sewer connection becomes feasible after an Alternative System has been installed, the System Owner shall connect the facility served by the System to the sewer within 60 days of such feasibility and the System shall be abandoned in compliance with 310 CMR 15.354, unless a later time is allowed in writing by the Department or the Local Approving Authority. 7. The control panel including alarms shall be mounted in a location accessible to the System Operator. 8. For any System that does not flow by gravity to the SAS, the System shall be equipped with sensors and high-level alarms to protect against high water due to pump failure, pump control failure, loss of power, or system freeze up. The control panel including alarms and controls shall be mounted in a location always accessible to the operator (or service contractor). Emergency storage capacity for wastewater above the high level alarm shall be provided equal to the daily design flow of the System and the storage capacity shall include an additional allowance for the volume of all drainage which may flow back into the System when pumping has ceased. Instead of providing emergency 24-hour storage, an independent standby power source maybe provided for operation during an interruption in power. With any interruption of the power supply the source must be capable of automatically activating in addition to manual start up capability. The standby power must be sufficient to handle peak flows for at least 24 hours and sufficient to meet all power needs of the System including, but not limited to, pumping, ventilation, and controls. Standby power installations must be inspected and exercised at least annually and all automatic and manual start up controls must be tested. Standby power installations must comply with all applicable state and local code requirements. Provided that a standby power installation complies with these requirements, no variance is required to the provisions of 310 CMR 15.231(2). 9. System unit malfunction and high water alarms shall be connected to circuits separate from the circuits to the operating equipment and pumps. 10. All System control units, valve boxes, conveyance lines and other System appurtenan ces shall be designed and installed to prevent freezing per the Company's recommendations. KleanTu NitROE 2K Provisional Approval, May 2020 Page 5 of 15 Technology: NitROE® 2KS & 2KM WWTS 11. Any System structures with exterior piping connections located within 12 inches or below the Estimated Seasonal High Groundwater elevation shall have the connections made watertight with neoprene seals or equivalent. 12. In compliance with 310 CMR 15.240(13), a minimum of one (1) inspection 170 shall be provided within the SAS consisting of a perforated four inch pipe placed vertically down into the stone to the naturally occurring soil or sand fill below the stone. The pipe shall be capped with a screw type cap and accessible to within three inches of finish grade. Operation and Maintenance 13. Inspection, operation and maintenance (O & M), sampling, and field testing of the System required by this Approval shall be performed by a System Operator with the following qualifications: a) is an approved System Inspector in accordance with 310 CMR 15.340; b) has been trained by the Company and whose name appears on the Company's current list of qualified operators; and c) has been certified at a minimum of Grade Level IV (four) by the Board of Registration of Operators of Wastewater Treatment Facilities, in accordance with Massachusetts regulations 257 CMR 2.00. The name of the Operator shall be included in the O&M agreement required by paragraph B (14). 14. Prior to the use of the System, the System Owner shall enter into an O&M Agreement with a qualified contractor and submit the Agreement to the Approving Authority and the Company. The Agreement shall be at least for one year and include the following provisions: a) The name of the qualified Operator that appears on the Company's current list of Service Contractors; b) The System Operator must have the qualifications specified in paragraph B (13); c) The System Operator must inspect the System in accordance with the Approval and anytime there is an equipment failure, System failure, or other alarm event; d) In the case of a System failure, an equipment failure, alarm event, components not functioning as designed or in accordance with the Company specifications, or violations of the Approval, procedures and responsibilities of the Operator and System Owner shall be clearly defined for corrective measures to be taken immediately. The System Operator shall agree to provide written notification within five days describing corrective measures taken to the System Owner, the Company, and the local board of health; e) The System Operator shall determine the cause of total nitrogen effluent limit violations if they occur and take corrective actions in accordance with the approved O & M Manual; and f) Procedures and responsibilities for recording quarterly or monthly wastewater flows must be defined, see paragraph B (32) "Flow Metering". 15. At all times, the System Owner shall maintain an O&M Agreement that meets the requirements of paragraph B (20). 16. The System Owner and the System Operator shall properly operate an d maintain the system in accordance with this Approval, the Designer's operation and maintenance requirements, and the requirements of the local approving authority. KleanTu NitROE 2K Provisional Approval, May 2020 Page 6 of 15 Technology: NitROE® 2KS & 2KM WWTS 17. Upon determining that the System has failed, as defined in 310 CMR 15.303, the System Operator shall notify the System Owner immediately. 18. Upon determining that the System has failed, as defined in 310 CMR 15.303, the System Owner and the System Operator shall be responsible for the notification of the local approving authority within 24 hours of such determination. 19. In the case of a System failure, an equipment failure, alarm event, components not functioning as designed or in accordance with the Company specifications, or any violations of the Approval, the System Owner and the System Operator shall be responsible for the written notification of the local approving authority and the Company within five days describing corrective measures taken. 20. Within 60 days of any site visit, the System Operator shall submit an O&M report and inspection checklist to the System Owner and the Company. The O&M report and inspection checklist shall include, at a minimum: a) for a System failing, any corrective actions taken; b) wastewater analyses, wastewater flow data, and field testing results; c) any violations of the Approval; d) any determinations that the System or its components are not functioning as designed or in accordance with the Company specifications; and e) any other corrective actions taken or recommended. 21. By September 30th of each year, the System Owner and the Service Contractor shall be responsible for submitting to the local approving authority all monitoring results with all O&M reports and inspection checklists completed by the System Operator during the previous 12 months. 22. By September 30th of each year, the Service Contractor shall be responsible for submitting to the Company copies of all O&M reports including alarm event responses, all monitoring results, violations of the Approval, inspection checklists completed by the Service Contractor, notifications of system failures, and reports of equipment replacements with reasons during the previous 12 months. 23. A copy of the wastewater analyses, wastewater fl ow data, field testing results, and System Operator O&M reports and inspection checklists shall be maintained by the Company. It is recommended the System Owner also maintain copies of these items. 24. The System Owner shall notify the Approving Authority in writing within seven days of any cancellation, expiration or other change in the terms and/or conditions of the O&M Agreement required by Paragraph B(14). 25. The System Owner and the Service Contractor shall maintain copies of the Service Contractor's O&M reports, inspection checklists, and all reports and notifications to the LAA for a minimum of five years. 26. The System may only be installed to serve facilities where a fully conforming Title 5 system with a reserve area exists on-site or could be built on-site in compliance with the design standards for new construction of 310 CMR 15.000, and for which a site evaluation in KleanTu NitROE 2K Provisional Approval, May 2020 Page 7 of 15 Technology: NitROEO 2KS & 2KM WWTS compliance with 310 CMR 15.000 has been approved by the Approving Authority. A fully conforming Title 5 system may include other approved alternative technologies in accordance with the conditions imposed on the alternative technologies. 27. Subject to the provisions of this Approval, the Technology shall be installed in a manner which neither intrudes on, replaces a component of, or adversely affects the operation of all other components of the System designed and constructed in accordance with the standards for new construction of 310 CMR 15.200 - 15.279. Effluent Limit and Monitoring Requirements, 28. For the new construction, unless the facility meets a TN effluent limit of 11 mg/1 or less, the system shall not be designed to receive more than 440 gallons of design flow per day per acre (gpda) in an area that is subject to the Nitrogen Loading Limitations of 310 CMR 15.214. If the facility does not meet with the Nitrogen Loading Limitations pursuant to the aggregation provisions of 310 CMR 15.216, the System Owner shall repair, replace, modify or take any other action as required by the Department or the local approving authority to meet the total nitrogen concentration limits in the effluent. Violation of the TN concentration in the System effluent shall not require notifications as required in paragraphs B (18) and (19). 29. Prior to Department approval of the Company's Performance Evaluation Plan, the Company shall be responsible for the following monitoring requirements for all System installations that are subject to a total nitrogen concentration limit in accordance with paragraph B (28). Sampling shall include pH, BOD5, TSS and Total Nitrogen, unless otherwise stated. Flow shall be recorded at each inspection, see "Flow Metering" section below. a) Year-round facilities shall be inspected and effluent sampled quarterly; b) Seasonal properties shall be inspected and effluent sampled a minimum of twice per year, with at least one annual sample taken 30 to 60 days after seasonal occupancy and a second sample taken no less than 2 months after the first sample; and c) After 12 rounds of monitoring, sampling may be reduced to TN only quarterly. Reduced sampling shall also include Field Testing of System wastewater when determined necessary by the operator, see DEP Field Testing Protocol at htW://www.mass.govleealdocsldep2 Laterl7awsli-thru-zliestsamp.pdf. Properties occupied at least 6 months per year are considered year-round propert ies. Properties occupied less than 6 months per year are considered seasonal properties. 30. During the Performance Evaluation period, the Company shall follow the monitoring requirements specified in the Performance Evaluation Plan for installed Systems. 31. After the three (3) year Performance Evaluation peri od by the Company and approval by the Department, and until this Approval is modified, terminated, or superseded by a General Use Certification, the System Owner shall comply with the following monitoring requirements if the System is subject to a total nitrogen concentration limit in accordance with paragraph B? (28). K1eanTu NitROE 2K Provisional Approval, May 2020 Page 8 of 15 Technology: NitROE® 2KS & 2KM WWTS a) Year-round properties shall be inspected and sampled for at least the TN parameter a minimum of twice/year, at least 5 months apart and with at least one sample taken between December 1 and March 1 of each year. Field testing shall be completed as determined necessary by the System operator, see DEP Field Testing Protocol at http•//www mass gov/eea/docs/dep/water/laws/i-thru-z/testsamp.pdf Water meter readings shall be recorded at each inspection, see "Flow Metering" below. b) Seasonal properties shall be sampled for at least the TN parameter a minimum of twice/year. At least one annual sample must be taken 30 to 60 days after each seasonal occupancy. A second sample must be taken no less than 2 months after the first sample. Field testing of the System shall be completed as determined necessary by the operator. Water meter readings shall be recorded at each inspection, see "Flow Metering" below. 32. Flow Metering - At a minimum, for all systems installed prior to this Approval, water meter flow data shall be recorded each time the system is inspected and sampled by the System Operator. For systems installed after the effective date of this Approval, wastewater flow data shall be recorded each time the system is inspected and sampled by the System Operator and may be based on: a) actual metering data of wastewater flow to the system; or b) water meter data for the total facility with metered non -wastewater flows, if available, subtracted from the total facility water usage. 33. Field Testing: Turbidity, pH and Apparent Color -Turbidity, pH, DO and apparent color shall be measured and/or recorded in the field when when determined necessary by the operator. See applicable sections of the Department's Field Testing Protocol at ht0: 11wwwmass gov/eea/docs/de lwater/laws/i-thru-z/testsam p.pdf. 34. At a minimum, the System Operator shall inspect the System: a) two times per year; b) in accordance with the approved O&M manual, the Designer's operation and maintenance requirements, and the requirements of the local approving authority; and c) any time there is an alarm event, equipment failure, or system failure 35. The System Operator shall collect samples an d obtain analysis results from an approved lab, F erform field testing required by the Approval and submit results within 60 days of the site visit to the System Owner. 36. If the Company successfully demonstrates the effectiveness of the System to reduce nitrogen loadings during the Performance Evaluation period, a minimum of three years, the System Owner shall operate the System subject to the requirements of the General Use Certification, if issued, for this technology. C. Special Conditions Specific to the Company 1. The Approval shall only apply to model units with the same model designations specified in this approval and meet the same specifications, operating requirements, and plans, as provided by the manufacturer at the time of the application. Any proposed modifications of the units shall be subject to the review of the Department for coverage under the Approval. K1eanTu NitROE 2K Provisional Approval, May 2020 Page 9 of 15 Technology: NitROE® 2KS & 2KM WWTS 2. Prior to submission of an application for a DSCP, the Company shall provide to the Designer and the System Owner: a) All design and installation specifications and requirements; b) An operation and maintenance manual, including: i) an inspection checklist; ii) recommended inspection and maintenance schedule; iii) monitoring (i.e. water use and power consumption) and sampling procedures, if any; iv) alarm response procedures, if any, and troubleshooting procedures; c) An owner's manual, including proper system use and alarm response procedures, if any; d) Estimates of the Owner's costs associated with System operation including, when applicable: power consumption, maintenance, sampling, recordkeeping, reporting, and equipment replacement; e) A copy of the Company's warranty; and f) Lists of Designers, Installers, and Service Contractors. 3. The Company shall implement the Performance Evaluation Plan, as submitted and approved by the Department, and shall be responsible for all data collection and submissions to the Department until a final determination on the Performance Evaluation has been made by the Department. 4. Until a final determination has been made by the Department on a completed Performance Evaluation, the Company shall submit to the Department an annual report by February 15th of each year that includes the following: a) a table of all sample data collected for all systems installed to date and all information required by the Department as part of the approved Performance Evaluation an; b) status of preparation of a Performance Evaluation Plan if not yet provided to MassDEP, or any recommended changes to the approved Performance Evaluation Plan; c) a list of pending applications for system installations which have been submitted to local approving authorities; d) identification of any System after start-up in violation of the Approval or not in compliance with any performance criteria at the time of the annual report, the reasons for the noncompliance and the status of any corrective actions that are needed; and e) any recommendations and requests for changes to the system monitoring and reporting plan or the performance criteria of the Approval. The report shall be signed by a corporate officer, general partner or the Company owner. (Service Contractor records submitted to the Company should not be included with the annual report to the Department, but shall be made available to the Department within 30 days of a request by the Department.) 5. The Company shall institute and maintain a program of Installer training and continuing education that is at least offered annually. The Company shall maintain and annually update, and make available the list of qualified Installers by February 15th of each year. The Company shall certify that the Installers on the list have taken the training and passed the Company's training qualifications. UeanTu NitROE 2K Provisional Approval, May 2020 Page 10 of 15 Technology: NitROE® 2KS & 2KM WWTS 6. The Company shall institute and maintain a program of Designer training and continuing education, as approved by the Department. The Company shall maintain and annually update, and make available the list of qualified Designers by February 15th of each year. The Company shall certify that the Designers on the list have taken the training and passed the Company's training qualifications. 7. The Company shall institute and maintain a program of Operator training and continuing education, as approved by the Department. The Company shall maintain and annually update, and make available the list of qualified Operators by February 15th of each year. The Company shall certify that the Operators on the list have taken the training and passed the Company's training qualifications. 8. The Company shall not sell the Technology to an Installer unless the Installer is trained to install the System by the Company. 9. Prior to its sale of any System that maybe used in Massachusetts, the Company shall provide the purchaser with a copy of the Approval with the System design, installation, O&M, and Owner's manuals. In any contract for distribution or sale of the System, the Company shall require the distributor or seller to provide the purchaser of a System for use in Massachusetts with copies of these documents, prior to any sale of the System. 10. Within 60 days of issuance by the Department of a revised Approval, the Company shall provide written notification of changes to the Approval to all Service Contractors servicing existing installations of the Technology and all distributors and resellers of the Technology. 11. The Company shall provide written notification to the Department's Director of the Wastewater Management Program at least 30 days in advance of the proposed transfer of ownership of the Technology for which the Approval is issued. Said notification shall include the name and address of the proposed owner containing a specific date of transfer of ownership, responsibility, coverage and liability between them. 12. The Approval shall be binding on the Company and its officers, employees, agents, contractors, successors, and assigns, including but not limited to dealers, distributors, and resellers. Violation of the terms and conditions of the Approval by any of the foregoing persons or entities, respectively, shall constitute violation of the Approval by the Company unless the Department determines otherwise. IV. CERTIFICATION AND NOTIFICATION REQUIREMENTS 1. Thirty (30) days prior to submitting an application for a DSCP, the Company or its representative shall provide to the Approving Authority a certification, signed by the owner of record for the property to be served by the unit, stating that the property owner: a) has been provided a copy of the Provisional Use Approval and all attachments and agrees to comply with all terms and conditions; b) has been informed of all the owner's costs associated with the operation including power consumption, maintenance, sampling, recordkeeping, reporting, and equipment replacement; KleanTu NitROE 2K Provisional Approval, May 2020 Page 11 of 15 Technology: NitROE® 2KS & 2KM WWTS c) understands the requirement for a contract with a company approved operator and has been provided a current list of all approved operators; d) agrees to fulfill his responsibilities to provide a Deed Notice as required by 310 CMR 15.287(10) and the Approval; and e) agrees to fulfill his responsibilities to provide written notification of the Approval conditions to any new owner, as required by 310 CMR 15.287(5). 2. Upon submission of an application for a DSCP to the Approving Authority, the Company shall submit to the Approving Authority, with a copy to the Designer and the System Owner, a certification by the Company or its authorized agent that the design conforms to this Approval and that the proposed use of the System is consistent with the unit's capabilities and all Company requirements. The review shall include evaluation of the need for installation of water meter(s) at each facility. An authorized agent of the Company responsible for the design review shall have received technical training in the Company's products. 3. The System Designer shall be a Massachusetts Registered Professional Engineer, or a Massachusetts Registered Sanitarian provided that such Sanitarian shall not design a system with a discharge greater than 2,000 gallons per day. 4. Thirty (30) days prior to delivery of the treatment unit to the site for installation, the Company shall provide to the Approving Authority a copy of a signed contract for a minimum period of one year with a Company approved Operator and the initial Owner/Occupant of the property. 5. Prior to the commencement of construction, the System Installer must certify in writing to the Designer and the System Owner that (s)he has taken the Company's training, passed the Company's training qualifications, and is listed on the Company's list of Installers. 6. Prior to the issuance of a Certificate of Compliance by the Approving Authority: a) In accordance with 310 CMR 15.021(3), the System Installer and Designer must certify in writing that the System has been constructed in compliance with 310 CMR 15.000, the approved design plans, and all local requirements, including any local approving authority site-specific requirements; b) In accordance with 310 CMR 15.021(3), the Designer must certify in writing that any changes to the design plans have been reflected on as -built plans which have been submitted to the Approving Authority by the Designer; c) As a condition of this Approval, the System Installer and Designer must certify to the Approving Authority in writing that the System has been constructed in compliance with the terms of this Approval; d) An authorized agent of the Company must certify to the Approving Authority in writing that the installation was done by a qualified Installer approved by the Company and the installation conforms to this Approval. The authorized agent of the Company responsible for the inspection of the installation shall have received technical training in the Company's products; and e) Prior to signing any agreement to transfer any or all interest in the property served by the system, or any portion of the property, including any possessory interest, the System Owner shall provide written notice, as required by 310 CMR 15.287(5) of all conditions contained in the Approval to the transferee(s). Any and all instruments of transfer and any leases or rental agreements shall be included as an exhibit attached thereto and made UeanTu NitROE 2K Provisional Approval, May 2020 Page 12 of 15 Technology: NitROE® 2KS & 2KM WWTS a part thereof of a copy of the Approval for the System. The System Owner shall send a copy of such written notification(s) to the Local Approving Authority within 10 days of such notice to the transferee(s). V. STANDARD CONDITIONS 1. The provisions of 310 CMR 15.000 are applicable to the design, installation, use and operation of a System utilizing an approved or certified alternative technology, except those provisions that specifically have been varied by the conditions of this Approval. 2. The design, installation, and use of the System must conform to the terms and conditions of the Approval and the Department approved attachments. 3. The facility served by the System and the System itself shall be open to inspection and sampling by the Department and the local approving authority at all reasonable times. Standard Conditions Applicable to the System Owner. 4. This Approval shall be binding on the System Owner and on its agents, contractors, successors, and assigns. Violation of the terms and conditions of this Approval by any of the foregoing persons or entities, respectively, shall constitute violation of this Approval by the System Owner unless the Department determines otherwise. 5. The System Owner shall obtain all necessary permits and approvals required by 310 CMR 15.000 prior to the installation and use of the System in Massachusetts. 6. The System is approved for the treatment and disposal of sanitary sewage only. The System Owner shall not introduce any wastes that are not sanitary sewage into the System. The System Owner shall dispose of wastes generated or used at the facility that are not sanitary sewage by other lawful means. 7. Prior to issuance of the Certificate of Compliance and after recording and/or registering the Deed Notice required by 310 CMR15.287(10), the System Owner shall submit the following to the Local Approving Authority: (i) a certified Registry copy of the Notice bearing the book and page/or document number; and (ii) if the property is unregistered land, a Registry copy of the System Owner's deed to the property, bearing a marginal reference on the System Owner's deed to the property. The Notice to be recorded shall be in the form of the Notice provided by the Department. 8. The System Owner shall at all times have the installed System properly operated and maintained in accordance with the most recent O&M provisions of this Approval for the alternative technology and in accordance with any additional requirements of the Approving Authority. The most recent O&M provisions of this Approval for the alternative technology are available from the Department. 9. The System Owner shall furnish the Department any information that the Depart ment requests regarding the System, within 21 days of the date of receipt of that request. Standard Conditions Applicable to the Designer K1eanTu NitROE 2K Provisional Approval, May 2020 Page 13 of 15 Technology: NitROE® 2KS & 2KM WWTS 10. The Designer shall be a Massachusetts Registered Professional Engineer or a Massachusetts Registered Sanitarian, including when designing systems for repair, provided that such Sanitarian shall not design a system to discharge more than 2,000 gallons per day. 11. Prior to the application for a MCI- the Designer shall provide the System Owner with a copy of this Approval. Standard Conditions Applicable to the Company 12. This Approval shall be binding on the Company and its officers, employees, agents, contractors, successors, and assigns. Violation of the terms and conditions of this Approval by any of the foregoing persons or entities, respectively, shall constitute violation of this Approval by the Company unless the Department determines otherwise. 13. The Company shall include copies of the Approval with each System that is sold. In any contract executed by the Company for distribution or re -sale of the System, the Company shall require all vendors, distributors, and resellers to provide each purchaser of the System with copies of the Approval. 14. The Company shall make available, in printed and electronic format, the approved Attachments and any approved updates associated with the Approval, to the System Owners, Operators, Designers, Installers, vendors, resellers, and distributors of the System. 15. The Company shall submit to the Department for approval any proposed updates or changes to the Attachments to the Approval. 16. The Company shall notify all System Owners, resellers, and distributors of changes to the Approval within 60 days of issuance by the Department. 17. The Company shall notify the Department's Director of the Wastewater Management Program at least 30 days in advance of the proposed transfer of ownership of the Technology for which the Approval is issued. Said notification shall include the name and address of the proposed owner containing a specific date of transfer of ownership, responsibility, coverage and liability between them. All provisions of the Approval applicable to the Company shall be applicable to successors and assigns of the Company, unless the Department determines otherwise. 18. The Company shall furnish the Department any information that the Department requests regarding the Technology within 21 days of the date of receipt of that request. 19. If the Company wishes to continue the Approval aft er its expiration date, the Company shall apply for and obtain a renewal of the Approval. The Company shall submit a renewal application at least 180 days before the expiration date of the Approval, unless written permission for a later date has been granted in writing by the Department. Upon receipt of a timely and complete renewal application, the Approval shall continue in force until the Department has acted on the renewal application. Report ing KleanTu NitROE 2K Provisional Approval, May 2020 Page 14 of 15 Technology: NitROE® 2KS & 2KM WWTS 20. All notices and documents required to be submitted to the Department by the Approvalshall be submitted to: Director Wastewater Management Program Department of Environmental Protection One Winter Street - 5th floor Boston, Massachusetts 02108 Rights of the Department 21. The Department may suspend, modify or revoke the Approval for cause, including, but not limited to, noncompliance with the terms of the Approval, non-payment of any annual compliance assurance fee, for obtaining the Approval by misrepresentation or failure to disclose fully all relevant facts or any change in or discovery of conditions that would constitute grounds for discontinuance of the Approval, or as necessary for the protection of public health, safety, welfare, or the environment, and as authorized by applicable law. The Department reserves its rights to take any enforcement action authorized by law with respect to the Approval and/or a System utilizing the Technology against the Company, the Designer, the System Owner, the Installer, and/or the Operator of the System. VI. GENERAL CONDITIONS Title 5 Regulations 310 CMR 15.287: "General Conditions for Use of Alternative Systems Pursuant to 310 CMR 15.284 through 15.286" "The following conditions shall apply to all uses of alternative systems pursuant to 310 CMR 15.284 through 15.286: 1. All plans and specifications shall be designed in accordance with 310 CMR 15.220. 2. Any required operation and maintenance, monitoring and testing plans shall be submitted to the Department and approved prior to initiation of the use. Monitoring and sampling shall be performed in accordance with a Department approved plan. Sample analysis shall be conducted by an independent U.S. EPA or Commonwealth of Massachusetts approved testing laboratory, or an approved independent university laboratory, unless otherwise provided in the Department's written approval. It shall be a violation of 310 CMR 15.000 to omit from a report or falsify any data collected pursuant to an approved testing plan. 3. The facility served by the alternative system and the system itself shall be open to inspection and sampling by the Department and the Local Approving Authority at all reasonable times. 4. The Department and/or the Local Approving Authority may require the owner or operator of the system to cease operation of the system and/or to take any other action necessary to protect public health, safety, welfare and the environment. 5. The owner or operator shall provide written notice to any new owner or operator that the system is an alternative system. Such notice shall include notice of the general conditions and any special conditions applicable to the system and its owner. K1eanTu NitROE 2K Provisional Approval, May 2020 Page 15 of 15 Technology: NitROE® 2KS & 2KM WWTS 6. The owner or operator, or the proponent of the alternative system, shall obtain and provide the Department with a determination from the board of certification of operators of wastewater treatment facilities established pursuant to M.G.L. c. 21, § 34A as to whether a certified operator is required for operation of the alternative system. The Department shall waive this requirement if it has on file a determination for the alternative system, and shall notify the owner, operator, or proponent of the determination. 7. It is a violation of 310 CMR 15.000 to install, construct, or operate an alternative system except in full compliance with the written approval and 310 CMR 15.287. 8. The Department may require the issuance of a groundwater discharge permit pursuant to 314 CMR 5.00 (groundwater discharge program) for any alternative system. 9. The system owner shall maintain an operation and maintenance contract with a Massachusetts certified operator where one is required by 257 CMR 2.00, or otherwise with a person qualified to operate and maintain the system in accordance with the Department's written approval. 10. Prior to obtaining a Certificate of Compliance for installation of a new or upgraded system, the system owner shall record in the chain of title for the property served by the alternative system in the Registry of Deeds or Land Registration Office, as applicable, a Notice disclosing both the existence of the alternative on-site system and the Department's approval of the system. The system owner shall also provide evidence of such recording to the Local Approving Authority. DEVAL L PATRICK Governor TIMOTHY P. MURRAY Lieutenant Governor Commonwealth of Massachusetts Executive Office of Energy &Environmental Affairs Department of Environmental Protection One Winter Street Boston, MA 02108.617-292-5500 RICHARD K SULLIVAN JR. Secretary KENNETH L. KIMMELL Commissioner REVISION OF APPROVAL FOR REMEDIAL USE Pursuant to Title 5, 310 CMR 15.00 Name and Address of Applicant: Smith &Loveless, Inc. 14040 Santa Fe Trail Drive Lenexa, KS 66215 Trade name of technology and models: Modular FAST (hereinafter called the "System"). Schematic Drawings illushating each System, a design and installation manual, an owner's manual, an operation and maintenance manual, and an inspection checklist are part of this Approval. Transmittal Number: W 042189 Date of Issuance: June 4, 2004 (modified January 24, 2008); Revision date: November O5, 2012 Authority for Issuance Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of Environmental, Protection hereby issues this Approval for Remedial Use to: Smith &Loveless Inc., 14040 Santa Fe Trail Drive, Lenexa, KS 66215 (hereinafter "the Company"), approving the System described herein for Remedial Use in the Commonwealth of Massachusetts. The sale, design, installation, and use of the System are conditioned on compliance by the Company, the Designer, the Installer, the Service Contractor, and the System Owner with the terms and conditions set forth below. Any noncompliance with the terms or conditions of this Approval constitutes a violation of 310 CMR 15.000. �.i � ,/ /� David Ferris, Director Wastewater Management Program Bureau of Resource Protection November O5, 2012 Date This information is available In alternate format. Call M1chelle Waters-Ekanem, Diversity Director, at 617-292.5751. TDD# 1-866-539-7622 or 1-617-574-6868 MassDEP Website: www.mass.govldep Printed on Recycled Paper sn:ithlo.doc Smith & Loveless Inc. - Modular FAST Modification of Approval for Remedial Use Revision Date: November 05, 2012 Page 2 of 3 Technology Description The System, a fixed film aeration treatment process, is an aerobic process in which the media is 100 -percent submerged. In the submerged application, the aeration and mixing are provided by an airlift mechanism. A draft tube, in the center of the System, extends through the media. Air is pumped into the draft tube by a compressor; wastewater is pumped from below the media to the top of the submerged media. The pumped liquid impacts the splash plate, which directs the wastewater across the top of the submerged media. The splash plate also creates a break-up of the wastewater into droplets to increase the surface area of the liquid to enhance the aeration of the wastewater. The oxygenated wastewater then passes down, through the media, where the bacterial activity takes place. The System uses both fixed film and suspended bacteria in the degradation of the organic material. The System is designed to allow the plastic or epoxy -coated steel modular inserts, the treatment unit with the media, to be installed in an appropriately sized precast or cast -in-place concrete tank. The inserts are constructed of PVC or high-density polyethylene plastic in modular units with the number of units and the tank size governed by the wastewater design flow and characteristics. The System is designed with storage volume beneath the media to provide sludge storage of excess solids, which slough off the media. The sludge storage zone must be periodically pumped, based on sludge accumulation. Prior to or at the time the excess sludge is being removed, the air scour system should be activated to loosen and remove solids attached to the media. The removed solids will settle to the bottom of the tank and be removed with the sludge. Conditions of Approval The term "System" refers to the STU in combination with the other components of an on-site treatment and disposal system that may be required to serve a facility in accordance with 310 CMR 15.000. The term "Approval" refers to the technology -specific Special Conditions, the conditions applicable to all STU's with Remedial Use Approval, the General Conditions of 310 CMR 15.287, and any Attachments. For Secondary Treatment Units that have been issued Remedial Use Approval for the upgrade or replacement of an existing failed or nonconforming system., the Department authorizes reductions in the effective leaching area (3 10 CMR 15.242), the depth to groundwater (3 10 CMR 15.212), and/or the depth of naturally occurring pervious material (3 10 CMR 15.240(1)) subject to the conditions that apply to all Secondary Treatment Units Approved for Remedial Use and subject to the Special Conditions applicable to the Technology. Special Conditions 1. The System is Secondary Treatment Unit Approved for Remedial Use. In addition to the Special Conditions contained in this Approval, the System shall comply with all the "Standard Conditions for Secondary Treatment Units Approved for Remedial Use", except where stated otherwise in these Special Conditions. smithlo.doc Smith & Loveless Inc. - Modular FAST Modification of Approval for Remedial Use Revision Date: November 05, 2012 Page 3 of 3 2. The System is approved for facilities where the local approving authority finds that: a) there is no increase in the actual or proposed design flow; b) the System is for the upgrade of a failed, failing or nonconforming system; and c) a conventional system with a reserve area, designed in accordance with the standards of 310 CMR 15.100 through 15.255, cannot feasibly be built on-site. smithlo.doc Charles D. Baker Governor Katyn E. Polito Lieutenant Governor Commonwealth of Massachusetts Executive Office of Energy & Environmental Affairs Department of Environmental Protection One Winter Street Boston, MA 02108 •617-292-5500 Standard Conditions for Secondary Treatment Units Approved for Remedial Use Last Revision Date: November 30, 2016 Matthew A. Beaton Secretary Martin Suuberg Commissioner A Secondary Treatment Unit (STU) is an alternative technology that may be used as a component of an on-site sewage disposal system where soil or site conditions make conventional soil absorption systems more costly to construct or infeasible. A conventional system may be more costly to construct or infeasible where there is a shallow water table and/or limited area for the siting of a conventional system. As compared to a conventional system, in certain instances, an STU provides for higher loading rates (smaller leaching area) and may require less land area, potentially less fill, and less disturbance of the site. The System consists of an STU designed to reduce the organic material and solids in the wastewater which reduces the demand for treatment in the soil absorption system. A conventional septic tank precedes the STU unless exempt by the Special Conditions for a specific Technology. The use of an STU in accordance with this Approval for Remedial Use requires, among other things: • A Disclosure Notice in the Deed to the property (310 CMR 15.287(10)) (A Deed Notice template is available from the Department); • Certifications by the Designer and the Installer (3 10 CMR 15.021(3)); • A Massachusetts certified operator who has received training for the technology and is under contract for periodic inspection and maintenance (3 10 CMR 15.287(10)); • Periodic sampling, recordkeeping, and reporting, in accordance with this Approval; • Notification within 24 hours by the System Owner to the local approving authority of any System failure; • When pumping is required to discharge to the SAS, 24-hour emergency wastewater storage capacity above the elevation of the high level alarm; and • System Owner Acknowledgement of Responsibilities, in accordance with this Approval. This information is available in alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617-292-5751. TTY# MassRelay Service 1-800-439.2370 MassDEP Website: www.mass.gov/dep Printed on Recycled Paper Standard Conditions for Secondary Treatment Units for Remedial Use Page 2 of 18 Revised November 30, 2016 Definitions and References: The term "System" refers to the 0 U in combination with the other components of an on-site treatment and disposal system that may be required to serve a facility in accordance with 310 CMR 15.000. The term "Approval" refers to these Standard Conditions applicable to all STU's with Remedial Use Approval, the Special Conditions contained in the Technology -specific Approval, the General Conditions of 310 CMR 15.287, and any other Attachments. The Conditions contained herein MUST be read in conjunction with any Special Conditions that are Technology -specific. I. Purpose 1. Approval for Remedial Use allows the use of the Alternative System only where the local Approving Authority finds that the Alternative System is for the upgrade or replacement of an existing failed, failing or nonconforming system with a design of flow of less than 103000 gpd, where there is no increase in the actual or proposed design flow, and where a conventional system with a reserve area, designed in accordance with the standards of 310 CMR 15.100 through 15.255, cannot feasibly be built on-site. 2. The sale, design, installation, and use of the System shall be subject to these requirements for any system that submits a complete Disposal System Construction Permit (DSCP) application after the effective date of these Standard Conditions. Existing Systems and Systems for which a complete DSCP application was submitted prior to the effective date of these requirements shall not be subject to the design and installation requirements, however, the System Owner, the Service Contractor, and the Company shall be subject to all other requirements contained herein. 3. With the other applicable permits or approvals that maybe required by 310 CMR 15.000, the Approval authorizes the installation and use of the Alternative System in Massachusetts. Except those provisions that specifically have been varied by this Approval, the provisions of 310 CMR 15.000, including the General Conditions of 310 CMR 15.287, apply to the sale, design, installation, and use of the System. 4. Unless stated otherwise in the Special Conditions that apply to a specific Technology, all the conditions contained in this document shall apply to secondary treatment units which have obtained Remedial Use Approval. (Special Conditions may be more or less stringent than the requirements of this document.) 5. Provided that the local Approving Authority approves the Altern ative System in conformance with the Department's Technology Approval, Department review and approval of the site-specific System design and installation is not required unless the Department determines on a case-by-case basis, pursuant to its authority at 310 CMR 15.003(2)(e), that the proposed System requires Department review and approval. Standard Conditions for Secondary Treatment Units for Remedial Use Page 3 of 18 Revised November 30, 2016 II. Design and Installation Requirements 1. Effluent BODS, TSS and pH -The effluent discharge concentrations from the Secondary Treatment Unit to the SAS shall not exceed secondary treatment standards of 30 mg/L BODS and 30 mg/L TSS and the effluent pH range shall be 6.0 to 9.0. 2. The Designer shall be a Massachusetts Registered Professional Engineer or a Massachusetts Registered Sanitarian, including when designing systems for repair, provided that such Sanitarian shall not design a system with a discharge greater than 2,000 gallons per day. 3. Except where the Approval specifically states otherwise, the Alternative System shall be installed in a manner which does not intrude on, replace, or adversely affect the operation of any other component of the subsurface sewage disposal system designed and constructed in accordance with the standards of 310 CMR 15.200 - 15.279. 4. Except where the Approval specifically states otherwise, the Alternative System shall include a properly sized and constructed septic tank, designed in accordance with 310 CMR 15.223 — 15.229, connected to the building sewer and followed in series by the Technology and the SAS; 5. Alternative Design Standards -Provided that the Designer demonstrates that the impact of the proposed Alternative System has been considered and the design requirements of 310 CMR 15.000 have been varied to the least degree necessary so as to allow for both the best feasible upgrade within the borders of the lot and the least effect on public health, safety, welfare and the environment, the local approving authority may allow any combination of the following alternative design standards without the need for granting a variance under 310 CMR 15.400 or obtaining Department approval: a) If a reduction in the size of the SAS is necessary, the size of the SAS may be reduced up to 50 percent from the effective leaching area required when using the loading rates for gravity systems of 310 CMR 15.242(1)(a) for Systems sited in soils with a percolation rate of 60 minutes or less per inch, or for soils with a recorded percolation rate of between 60 and 90 minutes per inch, the loading rates of 310 CMR 15.245(4). (Alternatively, the effluent loading rates provided in 310 CMR 15.242(1)(b) for pressure distribution may be utilized, however, no reduction in the effective leaching area may be taken when using these loading rates, as stated in the regulation.); and/or b) If a reduction in the depth to groundwater required by 310 CMR 15.212 is necessary, the depth to groundwater maybe reduced by up to 2 feet, resulting in a minimum separation distance of two feet in soils with a recorded percolation rate of more than two minutes per inch and three feet in soils with a recorded percolation rate of two minutes or less per inch, measured from the bottom of the soil absorption system to the high groundwater elevation; and/or c) If a reduction in the depth of the naturally occurring pervious material layer is necessary, a proposed reduction of up to 2 feet may be allowed in the four feet of naturally occurring pervious material layer required by 310 CMR 15.240(1) provided Standard Conditions for Secondary Treatment Units for Remedial Use Page 4 of 18 Revised November 30, 2016 that it has been demonstrated that no greater depth in naturally occurring pervious material can be met anywhere on the site. 6. Any proposed reduction in the required depth to groundwater, specified in 310 CMR 15.212, may only be approved when: a) An approved Soil Evaluator who is a member or agent of the local Approving Authority determines the high groundwater elevation; b) No reduction is granted under LUA for setbacks from public or private wells, bordering vegetated wetlands, surface waters, salt marshes, coastal banks, certified vernal pools, water supply lines, surface water supplies or tributaries to surface water supplies, or drains which discharge to surface water supplies or their tributaries, is allowed; and c) In accordance with 310 CMR 15.212(2), for systems with a design flow of 2,000 gpd or greater, the separation to high groundwater as required by 310 CMR 15.212(1) shall be calculated after adding the effect of groundwater mounding to the high groundwater elevation as determined pursuant to 310 CMR 15.103(3). 7. The Alternative Design Standards for effective leaching area, depth to groundwater, and depth of naturally occurring pervious material contained in the Department's Standard Conditions for Secondary Treatment Unit Approved for Remedial Use shall not be made less stringent by the local Approving Authority under the LUA provisions of 310 CMR 15.405 or under the variance procedures of 310 CMR 15.411. The local Approving Authority may vary other design requirements under the LUA provisions of 310 CMR 15.405 or under the variance procedures of 310 CMR 15.411. 8. Except those allowed under LUA and the Approval, any further deviation from the siting and design requirements of 310 CMR 15.000 for the remedial use of a Secondary Treatment Unit shall require the following: a) The applicant may propose the use of a Bott omless Sand Filter (BSF) as the means of on-site effluent disposal in conjunction with a Secondary Treatment Unit. The installation and use of the BSF must be in accordance with the conditions of the Remedial Use Approval issued by the Department for the BSF; and/or b) The applicant may request the approving authority to grant a variance. 9. The proposed use of a Secondary Treatment Unit Approved for Remedial Use shall be subject to the following: a) the approved record drawings, on file with the local approving authority, shall clearly indicate an area for the best feasible upgrade that could be installed to replace the proposed System, including the STU, in the event that the proposed System fails or it is determined that it is not capable of providing equivalent environmental protection; b) the installation of the proposed System shall not disturb the site in any manner that would preclude the future installation of the best feasible upgrade that could be installed to replace the proposed System. Components of the proposed System may Standard Conditions for Secondary Treatment Units for Remedial Use Page 5 of 18 Revised November 30, 2016 be sited in an area for the future installation of the best feasible upgrade, provided that it does not render the area unusable for a potential future upgrade; and c) except for the installed SAS, the System Owner shall not construct any permanent buildings or structures in the area for the best feasible upgrade that could be installed to replace the proposed System and the System Owner shall not disturb the site in any other manner that would preclude the future installation of the best feasible upgrade. 10. When identifying the best feasible upgrade that could be installed to replace the proposed System, the Designer shall consider these options in the following order: a) a conventional system designed in accordance with the standards of 310 CMR 15.100 through 15.255 that can be built feasibly, with the exception of providing a reserve area (15.248); b) a conventional system that can only be built feasibly under a Local Upgrade Approval (LUA); c) where a conventional system cannot be built feasibly under a LUA, a Bottomless Sand Filter, in conjunction with an STU; d) where a System can only be built feasibly with variances, a System that has been demonstrated to vary the design requirements of 310 CMR 15.000 to the least degree necessary and have the least effect on public health, safety, welfare and the environment (the System may be an Alternative System with variances); or e) a tight tank. 11. For the upgrade or replacement of an existing failed or nonconforming system in a nitrogen sensitive area (NSA), as defined in 310 CMR 15.215, Systems serving facilities with actual or design flows of 2,000 GPD or greater must include treatment with a Recirculating Sand Filter (RSF) or equivalent technology, as required by 310 CMR 15.202(1). Secondary Treatment Units with Remedial Use Approval are not approved as an RSF equivalent technology and shall not be installed in a NSA, as defined in 310 CMR 15.215, to serve facilities with actual or design flows of 2,000 GPD or greater. (The technology may also have a separate approval for nitrogen reduction, but must be installed under that approval, when appropriate.) 12. Except for septic tank covers which are not required to be at grade, the frames an d covers of the other access manholes and ports of the System components shall be watertight, made of durable material, and shall be installed and maintained at grade, to allow for necessary inspection, operation, sampling and maintenance access. Manholes brought to final grade shall be secured to prevent unauthorized access. No structures which could interfere with performance, access, inspection, pumping, or repair shall be located directly upon or above the access locations. 13. Any System structures with exteri or piping connections located within 12 inches of or lower than the Estimated Seasonal High Groundwater elevation shall have the connections made watertight with neoprene seals or equivalent. Standard Conditions for Secondary Treatment Units for Remedial Use Page 6 of 18 Revised November 30, 2016 14. All System control units, valve boxes, distribution piping, conveyance lines and other System appurtenances shall be designed and installed to prevent freezing. 15. The System control panel including alarms and controls shall be mounted in a location always accessible to the operator (or service contractor). When pumping is required to discharge to the SAS, the System shall be equipped with sensors and high-level alarms to protect against high water due to pump failure, pump control failure, loss of power, system freeze ups, or backups. Emergency storage shall be required when pumping to discharge is employed, including pressure distribution. Emergency storage capacity for wastewater above the high level alarm shall be provided equal to the daily design flow of the System and the storage capacity shall include an additional allowance for the volume of all drainage which may flow back into the System when pumping has ceased. 16. System malfunction alarms or high water alarms shall be readily visible and audible for the facility occupants and the Service Contractor and the alarms shall be connected to circuits separate from the circuits serving operating equipment and pumps. 17. The System shall not include any relief valve or outlet for the discharge of wastewater to prevent flooding of the system, back up or break out. 18. In compliance with 310 CMR 15.240(13), a minimum of one (1) inspection port shall be provided within the SAS consisting of a perforated four inch pipe placed vertically down to the elevation of the SAS interface with the underlying unsaturated pervious soils to enable monitoring for ponding. The pipe shall be capped with a screw type cap and accessible to within three inches of finish grade. (A locking cap at -grade is preferred for annual inspection.) 19. Upon submission of an application for a Disposal System Construction Permit (DSCP), the Designer shall provide to the local Approving Authority: a) proof that the Designer has satisfactorily completed any required training by the Company for the design and installation of the Technology; b) for any proposed non-residential System or any residential System with a design flow 2,000 GPD or greater, certification by the Company as specified in Paragraph V.3; c) certification by the Designer that the design conforms to the Approval, any Company Design Guidance, and 310 CMR 15.000; and d) a certification, signed by the Owner of record for the property to be served by the Technology, stating that the property Owner: i) has been provided a copy of the Approval, the Owner's manual, and the Operation and Maintenance manual and the Owner agrees to comply with all terms and conditions; has been informed of all the Owner's estimated costs associated with the operation including, when applicable: power consumption, maintenance, sampling, recordkeeping, reporting, and equipment replacement; Standard Conditions for Secondary Treatment Units for Remedial Use Page 7 of 18 Revised November 30, 2016 iii) understands the requirement for a service contract; iv) agrees to fulfil his responsibilities to provide a Deed Notice as required by 310 CMR 15.287(10) and the Approval; v) agrees to fulfill his responsibilities to provide written notification of the Approval to any new Owner, as required by 310 CMR 15.287(5); vi) if the design does not provide for the use of garbage grinders, the restriction is understood and accepted; and vii) whether or not covered by a warranty, the System Owner understands the requirement to repair, replace, modify or take any other action as required by the Department or the local Approving Authority, if the Department or the local Approving Authority determines that the Alternative System is not capable of meeting the performance standards. 20. The System Owner and the Designer shall not submit to the local Approving Authority a DSCP application for the use of a Technology under this Approval, if the Approval has been revised, reissued, suspended, or revoked by the Department prior to the date of application. The Approval continues in effect until the Department revises, reissues, suspends, or revokes the Approval. 21. The System Owner shall not authorize or allow the installation of the System other than by a locally approved Installer and, if required by the Company, a person certified or trained by the Company to install the System. 22. Prior to the commencement of construction, the System Installer must certify in writing to the Designer, the local Approving Authority, and the System Owner that (s)he is a locally approved System Installer and, if required by the Company, is certified by or has received appropriate training by the Company. 23. The Installer shall maintain on-site, at all times during construction, a copy of the approved plans, VY manual, the O&M manual, and a copy of the Approval. 24. Prior to the issuance of a Certificate of Compliance by the local Approving Authori ty, the System Installer and Designer must provide, in addition to the certifications required by 310 CMR 15.021(3), certifications in writing to the local Approving Authority that the System has been constructed in compliance with the terms of the Approval. 25. The Depart ment has not determined that the performance of the System will provide a level of protection to public health and safety and the environment that is at least equivalent to that of a sanitary sewer system. If it is feasible to connect a new or existing facility to the sewer, the Designer shall not propose an Altern ative System to serve the facility and the facility Owner shall not install or use an Alternative System. When a sanitary sewer connection becomes feasible after an Alternative System has been installed, the System Owner shall connect the facility served by the System to the sewer within 60 days of such feasibility and the System shall be abandoned in compliance with Standard Conditions for Secondary Treatment Units for Remedial Use Page 8 of 18 Revised November 30, 2016 310 CMR 15.354, unless a later time is allowed in writing by the Department or the local Approving Authority. III.Operation and Maintenance, Effluent Quality, Monitoring, and Inspection 1. From start up and thereafter, the System Owner and Service Contractor shall be responsible for the proper operation and maintenance of the System in accordance with this Approval, the Designer's O&M requirements, the Company's O&M requirements, and the requirements of the local Approving Authority. The System Owner and Service Contractor shall be responsible for compliance with the sampling, monitoring, and inspection requirements. Any inspection, operation, maintenance, or monitoring requirements remain in effect until the conditions are modified, terminated, or superseded by a new Approval. 2. To ensure proper operation and maintenance (O&M) of the System, the System Owner shall enter into an O&M Agreement with a qualified Service Contractor whose name appears on the Company's current list of Service Contractors and has been certified, at a minimum, at Grade Level H (two) by the Board of Registration of Operators of Wastewater Treatment Facilities, in accordance with Massachusetts regulations 257 CMR 2.00. 3. The System shall comply with the following monitoring requirements and effluent limits. The required O&M Agreement with the Service Contractor shall include the following monitoring schedule, at a minimum, subject to modifications that may be required by Paragraphs III.8.a)and 8.b): Monitoring Sample Effluent Para►neter Location Frequency Type Limits See pH frequency grab effluent to SAS 6 to 9 specified below See turbidity frequency measure effluent of < 40 NTU — specified treatment unit below See Measure and settleable frequency effluent of record ml/1 solids specified measure treatment unit only below See Record color frequency visual effluent of observation specified observation treatment unit only below Standard Conditions for Secondary Treatment Units for Remedial Use Page 9 of 18 Revised November 30, 2016 4. An individual household shall be monitored at least once every 12 months (exclusive of alarm responses or other maintenance visits). 5. Facilities (residential and nonresidential) with a design flow of less than 2,000 gpd, other than an individual household, shall be monitored a minimum of twice/year with a minimum of 5 months since the last monitoring inspection (exclusive of alarm responses or other maintenance visits) and a maximum of 7 months between monitoring inspections. 6. Facilities (residential and nonresidential) with a design flow of 2,000 gpd or greater shall be monitored quarterly not less than 2 months since the last monitoring inspection (exclusive of alarm responses or other maintenance visits) and not more than 4 months between monitoring inspections. 7. For Systems that include a Bott omless Sand Filter (BSF) for effluent disposal, the monitoring requirements shall be as specified in the BSF Remedial Use Approval. 8. Systems installed under this Remedial Use Approval shall be subject to the following Performance Requirements: a) Whenever field tests indicate a pH outside the specified range, an exceedance of the turbidity limit, or D.O. below the desired minimum, the Service Contractor shall make adjustments and/or repairs to the System, as deemed necessary during the inspection, and collect an effluent sample for laboratory analysis for BODS and TSS; b) For an individual household, if laboratory analyses indicate an exceedance of 30 mg/L BODS or 30 mg/L TSS, the Service Contractor shall conduct a follow-up inspection and field-testing within 180 days of the original inspection date. Should the follow-up field-test indicate a pH outside the specified range, an exceedance of Location Effluent Parameter Monitoring Sample Frequency T e Limits See dissolved frequency measure effluent of > 2 mg/l oxygen (D.O.) specified treatment unit below Depth of once every Inspection port to See Paragraph Ponding year measure bottom of SAS III.10 Within SAS Thickness of Septic tank or floating Once every other process Pump out, as grease/scum 3 years measure tank where solids necessary layer are retained Depth of Septic tank or Sludge and Once every other process Pump out, as distance to 3 years measure tank where solids necessary effluent are retained tee/filter/outlet 4. An individual household shall be monitored at least once every 12 months (exclusive of alarm responses or other maintenance visits). 5. Facilities (residential and nonresidential) with a design flow of less than 2,000 gpd, other than an individual household, shall be monitored a minimum of twice/year with a minimum of 5 months since the last monitoring inspection (exclusive of alarm responses or other maintenance visits) and a maximum of 7 months between monitoring inspections. 6. Facilities (residential and nonresidential) with a design flow of 2,000 gpd or greater shall be monitored quarterly not less than 2 months since the last monitoring inspection (exclusive of alarm responses or other maintenance visits) and not more than 4 months between monitoring inspections. 7. For Systems that include a Bott omless Sand Filter (BSF) for effluent disposal, the monitoring requirements shall be as specified in the BSF Remedial Use Approval. 8. Systems installed under this Remedial Use Approval shall be subject to the following Performance Requirements: a) Whenever field tests indicate a pH outside the specified range, an exceedance of the turbidity limit, or D.O. below the desired minimum, the Service Contractor shall make adjustments and/or repairs to the System, as deemed necessary during the inspection, and collect an effluent sample for laboratory analysis for BODS and TSS; b) For an individual household, if laboratory analyses indicate an exceedance of 30 mg/L BODS or 30 mg/L TSS, the Service Contractor shall conduct a follow-up inspection and field-testing within 180 days of the original inspection date. Should the follow-up field-test indicate a pH outside the specified range, an exceedance of Standard Conditions for Secondary Treatment Units for Remedial Use Revised November 30, 2016 Page 10 of 18 the turbidity limit, or D.O. below the desired minimum, the Service Conuactor shall make adjustments and/or repairs to the System, as deemed necessary during the inspection, and collect another effluent sample for laboratory analysis for BODS and TSS; and c) Whenever two consecutive monitoring rounds for any Secondary Treatment Unit include at least one exceedance of the limits for BODS or TSS, the System Owner shall be responsible for submitting to the local Approving Authority, within 90 days of the second exceedance of the limits for BODS or TSS, a written evaluation with recommendations for changes in the design, operation, and/or maintenance of the System. The written evaluation with recommendations shall be prepared by the Service Contractor or a Designer and the submission shall include all monitoring data, inspection reports, and laboratory analyses since the last annual report to the local Approving Authority. Recommendations shall be implemented, as approved by the local Approving Authority, in accordance with an approved schedule, provided that all corrective measures are implemented consistent with the limitations described in Paragraph IV.9. 9. Each time an Alternative System is visited by a Service Contractor the following shall be recorded, at a minimum.a a) date, time, air temperature, and weather conditions; b) observations for objectionable odors; c) observations for signs of breakout of sanitary sewage in the vicinity of the Alternative System, which indicate a failure of the Alternative System; d) depth of ponding within the SAS, if measured e) identification of any apparent violations of the Approval; fl since the last inspection, whether the system had been pumped with date(s) and volume(s) pumped; g) sludge depth and scum layer thickness, if measured; h) when responding to alarm events, the cause of the alarm and any remedial steps taken to address the alarm and to prevent or reduce the likelihood of future similar alarm events; i) field testing results when performed as part of the site visit; j) samples taken for laboratory analysis, if any; k) any cleaning and lubrication performed; 1) any adjustments of control sett ings, as recommended or deemed necessary; m) any testing of pumps, switches, alarms, as recommended or deemed necessary; L) identification of any equipment failure or components not functioning as designed; o) parts replacements and reason for replacement, whether routine or for repair; and p) further corrective actions recommended, if any. Standard Conditions for Secondary Treatment Units for Remedial Use Page 11 of 18 Revised November 30, 2016 10. Whenever an SAS inspection port measurement indicates the ponding level within the SAS is above the invert of the distribution system, an additional measurement shall be made 30 days later. If the subsequent reading indicates the elevation of ponding within the SAS is above the invert of the distribution system, the System Owner shall be responsible for submitting to the local Approving Authority, within 60 days of the follow up inspection, a written evaluation with recommendations for changes in the design, operation, and/or maintenance of the System. The written evaluation with recommendations shall be prepared by the Service Contractor or a Designer and the submission shall include all monitoring data, inspection reports, and laboratory analyses for the previous year. Recommendations shall be implemented, as approved by the local Approving Authority, in accordance with an approved schedule, provided that all corrective measures are implemented consistent with the limitations described in Paragraph IV.9. 11. Unless directed by the local Approving Authority to take other action, the System Owner shall immediately cease discharges or have wastewater hauled off-site, if at any time during the operation of the Alternative System the system is in failure as described in 310 CMR 15.303(1)(a)1 or 2, backing up into facilities or breaking out to the surface. IV. Additional System Owner and Service Contractor Requirements 1. The System Owner shall not install, modify, upgrade, or replace the System except in accordance with a valid DSCP issued by the local Approving Authority which covers the proposed work. 2. Prior to commencement of consriuction of the System and after recording and/or registering the Deed Notice required by 310 CMR 15.28 7(10), the System Owner shall provide to the local Approving Authority a copy of. a) a certified Registry copy of the Deed Notice bearing the book and page/or document number; and b) if the propert y is unregistered land, a Registry copy of the System Owner's deed to the property, bearing a marginal reference on the System Owner's deed to the property. The Notice to be recorded shall be in the form of the Notice provided by the Department. 3. Prior to signing any agreement to transfer any or all interest in the propert y served by the System, or any portion of the property, including any possessory interest, the System Owner shall provide written notice, as required by 310 CMR 15.287(5) of all conditions contained in the Approval to the transferee(s). Any and all instruments of transfer and any leases or rental agreements shall include as an exhibit attached thereto and made a part of thereof a copy of the Approval for the System. The System Owner shall send a copy of such written notification(s) to the local Approving Authority within 10 days of giving such notice to the transferee(s). Standard Conditions for Secondary Treatment Units for Remedial Use Page 12 of 18 Revised November 30, 2016 4. The System Owner and Service Contractor shall properly operate and maintain the System in accordance with the Approval, the Designer's O&M requirements, the Company's O&M requirements and the requirements of the local Approving Authority, 5. Prior to commencement of construction of the System, Y0 Owner shall provide to the local Approving Authority a copy of a signed O&M Agreement that meets the requirements of Paragraph IV.6. 6. The System Owner and the Service Contractor shall maintain on-site, at all times, a copy of the approved plans, the Owner's Manual, the O&M Manual, a copy of the Approval, and a copy of the O&M Agreement. The O & M agreement shall be at least for one year and include the following provisions: a) The name of a Service Contractor who meets the qualifications specified in the Approval; b) The Service Contractor must inspect the Alternative System as required by the Approval; c) The Service Contractor shall be responsible for obtaining lab analyses and submitt ing the monitoring results to the System Owner and the local Approving Authority in accordance with the reporting requirements; and d) In the case of a System failure, an equipment failure, alarm event, components not functioning as designed, or violations of the Approval, procedures and responsibilities of the Service Contractor and System Owner shall be clearly defined for corrective measures to be taken immediately. The Service Contractor shall agree to provide written notification within five days, describing corrective measures taken, to the System Owner, the local board of health, and the Company. 7. The Service Contractor shall notify the System Owner of any changes to the terms and conditions of the Approval within 60 days of any changes. 8. Within one year of any changes to the terms and conditions of the Approval, the System Owner shall amend, as necessary, the O&M Agreement required by Paragraph IV.6 to reflect the changes to the terms and conditions of the Approval. 9. In the case of a System failure, an equipment failure, alarm event, components not functioning as designed, components not functioning in accordance with manufacturers' specifications, or violations of the Approval, the Service Contractor shall provide written notification within five days, describing corrective measures taken, to the System Owner, the local board of health, and the Company and may only propose or take corrective measures provided that: a) all emergency repairs, including pumping, shall be in accordance with the limitations and permitting requirements of 310 CMR 15.353; b) the design of any repairs or upgrades are consistent with the Alternative System Approval; Standard Conditions for Secondary Treatment Units for Remedial Use Page 13 of 18 Revised November 30, 2016 c) the design of any repairs or upgrades requiring a DSCP shall be performed by an individual meeting the qualifications of Paragraph I1.24, d) the installation of any repairs or upgrades requiring a DSCP shall be done by an Installer with a currently valid Disposal System Installers Permit, in accordance with 310 CMR 15.019 and the Installer shall also comply with Paragraph 11.22. The System Owner shall also be responsible for ensuring written notification is provided within five days to the local board of health. 10. The System Owner shall provide access to the site for the Service Contractor to perform inspections, maintenance, repairs, responding to alarm events, field testing, and sampling as may be required by the Approval. 11. At a minimum, the Service Contractor shall inspect, properly operate, and properly maintain the System: a) any time there is System failure, equipment failure, or an alarm event; b) in accordance with the O&M manual and Designer requirements; c) in accordance with the requirements of the local Approving Authority; and d) in accordance with the Approval. 12. The Service Contractor shall collect samples, if required by the Approval, and obtain analysis results from an approved laboratory, perform any required field testing, and submit results to the System Owner with the O&M report and inspection checklist within 60 days of the site visit. The O&M report and inspection checklist shall include, at a minimum, any required wastewater analyses, any required flow data, and all the information required to be recorded for a maintenance inspection of an Alternative System. 13. The System Owner and the Service Contractor shall maintain copies of any wastewater analyses, wastewater flow data, field testing results, the Service Contractor's O&M reports, inspection checklists, and all reports and notifications to the local Approving Authority for a minimum of three years. 14. Upon determining that the System is in violation of the Approval or the System has failed, as defined in 310 CMR 15.303, the Service Contractor shall notify the System Owner immediately. 15. Upon determining that the System has failed, as defined in 310 CMR 15.303, the System Owner and the Service Contractor shall be responsible for the notification of the local Approving Authority within 24 hours of such determination. 16. In the case of a System failure, an equipment failure, violations of the Approval, an alarm event, or components not functioning as designed or in accordance with the Company specifications, the Service Contractor shall provide written notification to the Company within five days describing proposed corrective measures or corrective measures taken. Standard Conditions for Secondary Treatment Units for Remedial Use Page 14 of 16 Revised November 30, 2016 17. Violations of the BODS, TSS, or pH in the System effluent shall not constitute a failure of the System for the purposes of 24-hour notification or 5 -day written reporting as required in provisions applicable to all Alternative Systems. Breakout constitutes a failure of the System. If breakout occurs, the Service Contractor and System Owner shall comply with the 24-hour notification or 5 -day written reporting provisions applicable to all Alternative Systems. 18. By March 1st of each year, the System Owner and the Service Contractor shall be responsible for submitting to the local Approving Authority all O&M reports, all monitoring results, and inspection checklists completed by the Service Contractor during the previous calendar year. 19. The System Owner and the Service Contractor shall provide written notification to the local Approving Authority within seven days of any cancellation, expiration or other change in the terms and/or conditions of a required O&M Agreement with a Service Contractor. The Service Contractor shall provide written notification to the Company within seven days of any cancellation, expiration or other change in the terms and/or conditions of a required O&M Agreement with a System Owner. 20. By March 1st of each year, the Service Contractor shall be responsible for submitting to the Company copies of all O&M reports including alarm event responses, all monitoring results, violations of the Approval, inspection checklists completed by the Service Contractor, notifications of system failures, and reports of equipment replacements with reasons during the previous calendar year. 21. To determine whether cause exists for modifying, revoking, or suspending the Approval UI to determine whether the conditions of the Approval have been met, the System Owner shall furnish the Department any information that the Department requests regarding the System, within 21 days of the date of receipt of that request. 22. The Approval shall be binding on the System Owner and on its agents, contractors, successors, and assigns, including but not limited to the Designer, Installer, and Service Contractor. Violation of the terms and conditions of the Approval by any of the foregoing persons or entities, respectively, shall constitute violation of the Approval by the System Owner unless the Department determines otherwise. V. Company Requirements 1. The Approval shall only apply to model units with the same model designations specified in the Technology Approval and meet the same specifications, operating requirements, and plans, as provided by the Company at the time of the application. Any proposed modifications of the units, installation requirements, or operating requirements shall be subject to the review of the Department for inclusion under a modification of the Approval. The Designer shall be responsible for the selection of the appropriate model unit except, for systems of 2,000 gpd or more and nonresidential systems, the Company Standard Conditions for Secondary Treatment Units for Remedial Use Page 15 of 18 Revised November 30, 2016 shall be responsible for verification of the appropriate model unit as part of the review of proposed installations under a Remedial Use Approval. 2. Prior to submission of an application for a DSCP, the Company shall provide to the Designer and the System Owner: a) All design and installation specifications and requirements; b) An operation and maintenance manual, including: i) an inspection checklist; ii) recommended inspection and maintenance schedule; iii) monitoring (i.e. water use and power consumption) and sampling procedures, if any; iv) alarm response procedures, if any, and troubleshooting procedures; c) An owner's manual, including alarm response procedures, if any; d) Estimates of Owner's costs associated with the operation including, when applicable: power consumption, maintenance, sampling, recordkeeping, reporting, and equipment replacement; e) A copy of the Company's warranty; and f) Lists of qualified Service Contractors and, if training is required, qualified Designers and Installers. 3. Prior to the submission of an application for a DSCP, for all nonresidential Systems and Systems with design flows of 2,000 gpd or greater, the Company shall submit to the Designer and the System Owner, a certification by the Company or its authorized agent that the design conforms to the Approval and all Company requirements and that the proposed use of the System is consistent with the Technology's capabilities. The authorized agent of the Company responsible for the design review shall have received technical training in the Company's products. 4. The Company shall maintain programs of training and continuing education for Service Contractors. Training shall be made available at least annually. If the Company requires trained Designers or Installers, the Company or its authorized agent shall institute programs of training and continuing education that is separate from or combined with the training for Service Contractors. The Company or its authorized agent shall maintain, annually update, and make available by February 15th of each year, lists of Service Contractors and, if certification or training is provided by the Company, Designers and Installers. The Company or its authorized agent shall certify that the Service Contractors and, if training is required, Designers and Installers on the lists have taken the appropriate training and passed the Company's training qualifications. The Company or its authorized agent shall farther certify that the Service Contractors on the list have submitted to the Company all the reports required by Paragraphs M 16, 19, and 20. The Company or its authorized agent shall not re -certify a Service Contractor if the Service Contractor has not complied with the reporting requirements for the previous year. Standard Conditions for Secondary Treatment Units for Remedial Use Page 16 of 18 Revised November 30, 2016 5. If training is required, the Company shall not sell the Technology to an Installer unless the Installer is trained to install the System by the Company. The Company shall require, by contract, that distributors and resellers of the Technology shall not sell the Technology to an Installer unless the Installer is trained to install the System by the Company. 6. As part of the required training programs for Designers, Installers, and Service Contractors, the Company shall provide each trainee with a copy of this Approval with the design, installation, O&M, and owner's manuals that were submitted as part of the Approval. 7. The Company shall provide, in printed or electronic format, the System design, installation, O&M, and Owner's manuals, and any updates associated with this technology Approval, to the System Owners, Designers, Installers, Service Contractors, vendors, resellers, and distributors of the System. Prior to publication or distribution in Massachusetts, the Company shall submit to the Department for review a copy of any proposed changes to the manual(s) with reasons for each change, at least 30 days prior to issuance. The Company shall request Department approval for any substantive changes, as stated in Paragraph V.8. 8. Prior to publication or distribution in Massachusetts, when substantive changes in the design, installation, operation, or maintenance of the System may be outside the limits of this Approval and may require a modification of this Approval or may be the basis for a separate Approval, the Company shall request approval by the Department. 9. Prior to its sale of any System that maybe used in Massachusetts, the Company shall provide the purchaser with a copy of this Approval with the System design, installation, O&M, and Owner's manuals. In any contract for distribution or sale of the System, the Company shall require the distributor or seller to provide the purchaser of a System for use in Massachusetts with copies of these documents, prior to any sale of the System. 10. To determine whether cause exists for modifying, revoking, or suspending the Approval or to determine whether the conditions of the Approval have been met, the Company shall furnish the Department any information that the Department requests regarding the Technology within 21 days of the date of receipt of that request. 11. Within 60 days of issuan ce by the Department, the Company shall provide written notification of changes to the Approval to all Service Contractors servicing existing installations of the Technology and all distributors and resellers of the Technology. 12. The Company shall provide writt en notification to the Department's Director of the Wastewater Management Program at least 30 days in advance of the proposed transfer of ownership of the Technology for which the Approval is issued. Said notification shall include the name and address of the proposed owner containing a specific date of transfer of ownership, responsibility, coverage and liability between them. Standard Conditions for Secondary Treatment Units for Remedial Use Page 17 of 18 Revised November 30, 2016 13. The Company shall maintain copies of. a) the Approval; b) the installation manual specifically detailing procedures for installation of its System; c) an owner's manual, including alarm response procedures, if any; d) an operation and maintenance manual, including: i) an inspection checklist; recommended inspection and maintenance schedule; iii) monitoring requirements and recommendations(including water use and power consumption when required) and sampling procedures; iv) alarm response procedures, if any, and troubleshooting procedures. e) estimates of the operating costs provided to the Owner, including, when applicable: power consumption, maintenance, sampling, recordkeeping, reporting, and equipment replacement; f) a copy of the Company's warranty; and g) lists of trained Service Contractors and, if training or certification is required, Designers and Installers. 14. The Company shall maintain the following information for the Systems installed in Massachusetts: a) the address of each facility where the Technology was installed, the Owner's name and address if different), the type of use (e.g. residential, commercial, institutional, etc.), the design flow, the model installed; b) the installation date, start-up date, current operational status; c) the name of the Service Contractor, noting any cancellations or changes to any Service Contracts; d) a summary of system failures, system malfunctions, and violations of the Approval with the date of each event and corrective actions taken to reach compliance, including but not limited to: design changes; installation changes; operation/maintenance changes; monitoring changes; and/or changes in roles and responsibilities for the manufacturer, vendors, designers, installers, operators, and owners; and e) copies of all Service Contractor records submitt ed to the Company, including all O&M reports with alarm event responses, all monitoring results, inspection checklists completed by the Service Contractor, notifications of system failures, and reports of equipment replacements with reasons. All of the information required by this Paragraph shall be maintained by Company and shall be made available to the Department within 30 days of a request by the Department. 15. The Approval shall be binding on the Company and its officers, employees, agents, contractors, successors, and assigns, including but not limited to dealers, distributors, and resellers. Violation of the terms and conditions of the Approval by any of the foregoing Standard Conditions for Secondary Treatment Units for Remedial Use Page 18 of 18 Revised November 30, 2016 persons or entities, respectively, shall constitute violation of the Approval by the Company unless the Department determines otherwise VI. General Requirements 1. Any System for which a complete DSCP Application is submitted while the Approval is in effect, may be permitted, installed, and used in accordance with the Approval, unless and until: a) the Department issues modifications or amendments to the Approval which specifically affect the installation or use of a System installed under the Approval for the System; or b) the Department, the local approval authority, or a court requires the System to be modified or removed or requires discharges to the System to cease. 2. All notices and documents required to be submitted to the Department by the Approval shall be submitted to: Director Wastewater Management Program Department of Environmental Protection One Winter Street - 5th floor Boston, Massachusetts 02108 3. The Department may suspend, modify or revoke the Approval for cause, including, but not limited to, noncompliance with the terms of the Approval, non-payment of any annual compliance assurance fee, for obtaining the Approval by misrepresentation or failure to disclose fully all relevant facts or any change in or discovery of conditions that would constitute grounds for discontinuance of the Approval, or as necessary for the protection of public health, safety, welfare, or the environment, and as authorized by applicable law. The Department reserves its rights to take any enforcement action authorized by law with respect to the Approval and/or a System utilizing the Technology against the Company, a Designer, a System Owner, an Installer, and/or Service Contractor. NEWS LIFESTYLE ENTERTAINMENT Lase Wei ht� CQMING or stop Smo�ing gQQnll, Semllnar with _ -- Hypnosis!,,, EVGIltS EVENTS PHOTOS CAPE WIDE NEWS L,_.. =J Oa Cape Cod At30UT THE CAPE Click Here � For Dates and Locations Aid Ukraine How to Holp U i3 owNER�s HEA�QUASTERS Search this website ... You are here: Home / NewsCenter /Barnstable County Receives $1.15M to Boost Septic Infrastructure Barnstable County Receives $1.15M to Boast Septic Infrastructure September 27, 2022 Share this: I��r:, =i i�;;e�a ®Email � More Barnstable County Commissioners Mark Forest, Ronald Bergstrom and Chair Sheila Lyons. HYANNIS -Barnstable County has received over $1 million from the Environmental Protection Agency and $100,000 from The Nature Conservancy to develop tools for communities expanding their wastewater infrastructure. Brian Baumgaertel with the Department of Health and Environment told county commissioners ,1� Drina rhalr mnar raranr maarino that the money will jumpstart a Responsible Manaeement Entity Eradicate Cape Cod Ticks We Protect Cape Cod Yards Frc Ticks &Mosquitoes. Get A Quo For Services Today. CAPECOD.COM POLL QUESTION program. The program will provide homeowners not attached to sewer with septic system upgrade and installation assistance as well as long-term maintenance services. in some ways "The concept here is it's a pooled risk program much like insurance in some ways where everybody pays into the program and everybody get something out of it when they need it," said Baumgaertel. � 1( �YIu hpci a ('[NI6 �W vaccine site that `- Is not accesslble;, contact COHb ht t, hecome accesslble! wwrrff,c4rdcapecad,org Baumgaertel added that the program can also use remote sensors to better measure the state of nutrient pollution in different communities so staff can make plans accordingly for repairs or further development. It is a decentralized approach to wastewater, said Baumgaertel, rather than centralized like traditional sewering. "These are septic systems, that's quite simply what's going on here. So rather than piping wastewater around to different locations, what we're doing is we're moving data and people from location to location." The program would become self-sustaining through user fees similar to sewer fees, though exact details offunding—including using municipal or other funding—has not yet been decided by county officials. Senator Ed Markey also voiced his support for the program in a statement from Barnstable County. "Thanks to the Bipartisan Infrastructure Law, Barnstable County officials have secured key funding to improve the region's wastewater management systems. This investment will help ensure that Cape Cod and Buzzards Bay waterways are protected for marine species and all those who live in and enjoy the Cape's iconic beaches and waterways." Filed Under: Local News, NewsCenter, Top Story Water Quality Tagged With: Hyannis, Septic, Sewer, Wastewater, ` About Grady Culhane ;• Grady Culhane is a Cape Cod native currently living in Eastham. He studied media communications at Cape Cod Community College and joined the CapeCod.com News Center in 2019. Evacuations have been issued ahead of major storm in the Gulf. If we were issue evacuation orders here on the Cape, wo stay or leave? 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