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Home My Public Portal AboutWater Quality Review Committee -- 2022-04-22 Minutes\\``\\\\\�\��t�ii�rrsp��//ii�� TOWN OF BREWSTER 4 �f� o{R�� F.�� Water Quality Review Committee a� ' \ ocQSO 9�� " /= 2198 Main Street � �� A � Brewster, Massachusetts 02631-1898 O �{ o � (508) 896-3701 x1121 �' �� `_ �� •� ` ; FAX (5081 896-8089 -•�,renniimti�n�,,.. Date Approved: 6/24/22 Vote: 4-0-1 TOWN OF BREWSTER MINUTES of WATER QUALITY REVIEW COMMITTEE Friday, April 22, 2022 at 9:00 AM VIRTUAL MEETING Attending Committee Members: Chair Cyndi Baran convened the Water Quality Review Committee meeting at 9:07AM with members Vice Chair Amy von Hone, Chris Miller, Kimberley Crocker Pearson, Davis Walters and deemed there to be a quorum Members Absent: Ned Chatelain Guests: Dave Bennett, Bennett Environmental I#em 1;American Tower, 26 Freemans Way Industrial Parlc M46 L41-216 —continued hearing for Certificate Renewal A royal Amy said American Tovver had come before us at the last meeting and the Committee voted to continue the hearing because they recorded a 2 -quart spill on the property, and we wanted more information. They,sent more documentation on the engine lubricating spill from a generator. She reached out to the Fire Department who reviewed the spill and said it was a routine spill addressed appropriately, and they �idn't see any issues. With that, she doesn't see any additional pending issues and it would see appropriate to renew their certificate. MOTION to issue a certificate renewal to American Tower. MOVED by Davis Walters. Seconded by Kimberley Pearson. Roll Call Vote: Vice Chair Amy von Hone —yes, Chris Miller —yes, Kimberley Pearson —yes, Davis Walters —yes, Chair Cyndi Baran -yes VOTE: 5 -yes 0 -no Item. 2; NextGrid Solar:Array, 0 Freemans Way M119 L6 & 8 — l�pdate on Landfill Closure Permitting ' Dave Bennett addressed the committee. He is filling in for John who is on a leave of absence. He knows that Daniel Sherber is trying to get in. There has been an 18 -month hiatus in progress that was moving forward that had to do with National Grid signing the interconnect decision. Next Grid had to go to court to get; a determination to get them to sign off on it. It has transpired to his WQRC Meeting Minutes 4-22-2022 1 understanding. Dave reached out to the committee to confirm there were still approvals on their site plan review and on our bite plan decisions, and they have been confirmed. Dave Bennett reached out to Mark Acres, and he has not responded to Dave's email. He can't report on work outside of the ACO. The timing of moving forward couldn't be worse due to the issue with Mr. Merchant's availability. The removal, of all the wood wastes at Cape Sand and Recycling would be delayed until after the spring season which is Jay's busiest. So that work would start in July. He's here to say they are back on board$ they,,are in negotiations with DEP to confirm work outside of the ACO. They did submit the annual sampling, no problem with oil or hazardous materials. The issue has always been around permitting for landfill closure which the new applicant is willing to undertake. Chris asked about something in Dave's letter of March 24th - did he mean "lower than?" Dave Benett said yes, it was a typo. Whether or not it's above or below, they didn't exceed any of those standards. He will issue'that as a revised document. Amy asked what the worst-case scenario at DEP level? Is there any indication that we aren't getting what we need from DEP? Dave Bennett said it's hard to speculate. There have been issues with new email addresses acid them not supporting the old email addresses. He doesn't believe the department would not sour this deal by enforcing an ACO at this time. He can't fathom it. There is a good case for a force du jour allowed within the regulations. Everything has slowed down, and we just need to move forward. The downside would be they enforce an ACO, and they levied penalties and fees. He doesn't think the applicant is willing to go backwards and pay for a`ny additional fees. The financials would be upset by any enforcement action at this point as the party that didn't have anything to do with it. They are trying to find out. If anyone has a secret number for Mark, that would be wonderful. Cyndi asked when the work would start. Dave Bennett answered July 1St. We are all out there getting ready for spring. He can't commit to that level of intake at this time, so he had said July 1St Item 3: Cape Cod Grover Lab, 95 Alexander Avenue M131 L17 —Review of semi-annual groundwater monitoring Amy asked Davis to give the Committee a quick update on the project. She said Victor Staley had given the office a copy on the status of the grow lab on Alexander Avenue before his retirement. This was reviewed by the Committee, Planning Board approval, and Building Department is tracking conditions listed in the Planning Board approval to make sure all those requirements are met before issuing the occupancy permits are issued once the building and construction are finalized and they are ready to open. They submitted a copy of the results of the groundwater and solid gas monitoring that they are doing. This is just more of an informational purposes', hing. Davis said he knows the plumbing inspector completed a rough inspection in the last fev% weeks with a couple of minor corrections. As you can imagine, a good part of the project is involving their water distribution system and the waste management that goes with it. They are a little behind schedule, but it is a local plumber who has a permit for the job, so probably just a few weeks behind at this point. Amy said essentially any non -septic waste that is produced over there is going into a tank, so no discharge is being allowed on that property from what is happening in the building. Item 4: Cape Sand and Recycling, 1517 Freemans Way M131 L3 -Annual update and review of 3rd Party Jnspection Report • Suspend egular WQRC meeting and schedule site visit on 5127122 @ 9 am WQRC Meeting Minutes ' 4-22-2022 �, Y f Cyndi said we are scheduling a site visit on 5/27/22 at 9AM. Dave Bennett said he was filling in for John. No one in Tow,6 believes he is retired. John will be back on May 9th Dave Bennett said he got elected because he does have so much background on these matters. On the 3rd party inspection report, there is ground water monitoring twice/year and then the inspection. He wants to start with the groundwater monitoring report. We reduced the number of monitoring wells from 64 and contingencies for two outliers that they monitor when there's any exceedance. Sometimes there are nitrogen concentrations that are higher on the inner wells and a problem of reoccurrence of arseni&,at the upgradient monitoring well which we want to make sure is not leaving the site. Under the provisions of Solid Waste and the MCP, there is an adequately regulated provision thatsays if there are some exceedances of standards on the property itself and it is a licensed facility, and it is not leaving the site, then it is not a reportable condition. We have had a problem with arsenic in the upgradient well. We sampled it at a further down gradient well, it was no it above the standards. Basically, it's a facility that operates under a license which has some impact to groundwater which is localized. To see high levels of organics — iron and manganese - are very typical of these facilities but they are very localized and aren't leaving the site. On the 3rd party inspection, a licensed individual comes in and documents at Cape Sand & Recycling, there is the overlay of the small waste handling facility for the stump burial, which is not being undergone at this point. It is really stockpiling and processing and consolidating of wood waste that had previously been buried. There is an asphalt, brick, and concrete facility, a leaf mulch facility, and a metals pile there. They are documented in the 3rd party report as being in compliance. Ultimately, he thinks Jay would not be in the business of burying stumps but only wood waste processing which is above ground in the recovered area. Item 5: Revised WQRC Renewal Application 2022 MOTION to approve the revised application as submitted. MOVED by KimberleyPearson. Seconded by Amy von Hone. Roll Call Vote: Vice Chair Amy von Hone — yes, Chris Miller — yes, Kimberley Pearson — yes, Davis Walters — yes, Chair Cyndi Baran - abstain VOTE:.4-yes 0 -no 1 -abstain (Cyndi did not vote and effectively abstained)10 Item 6: Discuss `and,pgssible vote on'future WQRC meeting -virtual or in-person option � Amy said the Select Board has allowed any committee meetings to meet in person if they choose. We are still doing a totally virtual or a hybrid meeting, but the public is not allowed to attend in person. The big change over the last couple of months is there is no limit to the number of committee members who can attend. The majority of committees and boards are meeting virtually. She recommends, with this Committee, since there aren't many big projects coming through, at this point. It seems like only renewals will come through and can be easily handled virtually. There shouldn't be any issue to meet virtually going forward. Everyone agreed. Amy will confirm with the Town Administrator's Office that we will continue to meet virtually until further notice. No need to vote on that. Item 6: Minutes from 1 0/22/21 MOTION to approve tf' e October 22, 2021 Meeting Minutes as written. WQRC Meeting Minutes 1 4-22-2022 3 MOVED by Amy von Hone. Seconded by Kimberley Pearson. Roll Call Vote. Vice Chair Amy von Hone — yes, Chris Miller — abstain, Kimberley Pearson — yes, Davis Walters — yes, Chair Cyndi Baran — yes VOTE: 4 -yes 0 -no 1 -abstain Item 7: Informational Items w none Item 8: Matters Not Reasonably Anticipated by the Chair- none Next Meeting: scheduled for the onsite meeting at Cape Sand & Recycling on May 27, 2022 at 9AM. Chris suggested the committee reach out to Bruce Evans to see if he can attend in his place that day as he will be unavailable. k MOTION to adjourn the meeting at 9:41AM. MOVED by Amy von Hone. Seconded by Kimberley Pearson. Roll Call Vote: Vice Clair Amy von Hone — yes, Chris Miller — yes, Kimberley Pearson — yes, Davis Walters — yes, Chair Cyndi Baran - yes VOTE: 5 -yes 0 -no Respectfully Submitted by'.': Beth Devine Action items. Beth to send out letters to certificate renewals Amy to confirm meeting status to Town Administrator's Office Cyndi to reach out to Bruce Evans regarding Site Visit on 5/27/22 at 9AM Dave Bennett to issue revised document to Committee Packet of additional documents available on the website for review i' WQRC Meeting Minutes 4-22-2022 y