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HomeMy Public PortalAboutWater Quality Review Committee -- 2022-12-23 Minutes�\\��\\\.� _xtR W S /y4tkjm a00 p .cFQ RP FAap , F 1. TOWN OF BREWSTER Water Quality Review Committee r 2198 Main Street r Brewster, Massachusetts 02631 -1 898 - . (508) 896-3701 x1121 •� FAX (508) 896-8089 Date Approved: 1/27/23 Vote: 4-0-2 -- - — -- - - - ---- TOWN OF BREWSTER -- --- MINUTES of WATER QUALITY REVIEW COMMITTEE Friday, December 23, 2022 at 9:00 AM VIRTUAL MEETING Vice Chair Amy von Hone convened the Water Quality Review Committee meeting at 9:05AM with members Kimberley Crocker Pearson, Davis Walters, Chris Miller, Robert Michaels and deemed there to be a quorum. _ Members Absent: _Chair Cynthia .Baran, Ned Chatelain Amy -said CS&R-has a Water Quality -Certificate and as part- of their -water quality renewal, we typically hear from their consultants because they are doing quite a bit of monitoring based on the history of that property and the level of cleanup that has been underway, as the new owner took over the property, for those materials on the property that should not be there. We were able to get out to do a site visit this year. We had some concern as to the level of pH of his monitoring wells, and through Kim's suggestion, he does have an area that crushes concrete. This can be more basic and can alter the pH. This was showing up in some of the monitoring wells. We requested the owner to do some testing of pH in that concrete crushing area. This is what is on the agenda today. Kim said this came up because we were seeing progressive alkalinization of one of their testing wells that seemed isolated in one area which was in close proximity to and receiving rainwater runoff from the concrete crushing area. They very graciously went with the suggestion of looking at the surface water pH in that area. I think what we see in this data shows that there is nothing there to suggest that progressive alkalinization is coming from the concrete crushing area. Amy said as a follow-up, the results we are seeing are neutral across the board. She had a conversation with the consultant they have overseeing the property, and they have done a second round of sampling. The results haven't been provided yet to the owner, but she knows that they are looking at the most accurate information as possible. They typically only crush concrete in July so the testing should be tied into when they are doing that crushing to help quantify the results. As of right now, the results don't appear to be alarming, but we will continue monitoring to make sure nothing new shows up. WQRC Meeting Minutes 1 12-23-2022 Robert said he drove through as a, private citizen last week and said there isn't crushinggoing on„ right -now. -Amy= -answered that is correct.- The -owner, Jay -Merchant, -said the equipment is`so=costly that he needstosubcontract out the equipment at certain times. It is being stockpiled and then _ crushed in specific time periods. It ends up being crushed into smaller pieces that is then mixed in - and reused in other- products. Davissaidit is -typically used for fill. It is a well -graded productand compacts well. It is a very effective subbase under pavement or under concrete surfaces. Davis asked what happens from there - after the crushing, what is the process going forward? Chris said in the past; they have given us reports on the products they've sold on an annual basis. It is his understanding that they do use it to repair roads and the like on site, but the majority of it is crushed and sent off-site as a usable building product. Davis wondered what the process is from end to end and how does that inform the results of the testing and the timing of the testing. Amy said that is -something we can address with the owner and the consultant. - - - - - - - MOTION to approve the 6/24/22 -Meeting Minutes as written. MOVED by Kimberley Pearson. Seconded by Davis Walters. -Roll-Call-V-ote:-Kimber-ley-Pearson - yes, -Robert Michaels_abstain,-Chris-Miller — yes, -Davis Walters - yes, Vice Chair Amy von Hone - yes - - -- - VOTE: 4 -yes 0 -no 1 -abstain ----Amy__wanted�to-give=a_quick-hisfory for -Robert's benefit a-67- ew_merri er_fo t -e committee,_ typically, when these_ properties are given permission to run the_ it business, a certificate_ is issued and its typically good for 3 years. The process from the WQRC has been at the time of the expiration of those certificates we would send out a request for an application to renew the certificates. We have a handful that are delinquent and haven't been renewed properly. We --believe much of this -was because of Covid-and how it threw a wrench in the process: Beth sent - out a final notice to the delinquent certificates this month. Of the 8 Certified letters sent, she has already received response from 2 and a discussion with another. It has had some positive impact. It is now a function of getting together with the Building Department - this requirement falls under the Zoning Bylaw so enforcement would be under the Building Commissioner. If we don't hearbackin a reasonable time, we may need to go door to door. Robert asked about the renewal being just the self -certification that they haven't changed their use, or change of use of chemicals, and their septic has been inspected. Amy said correct, and she would add to that if there were any changes, that would instigate a visit before us and review by the Building Commissioner to determine whether their use has changed their original approval through Planning. The plan is those certificates on the chart in Pink are due in 2023, and we will send out those renewal applications after the first of the year. Item 4: For Your Information • CS&R GW Monitoring and TPI Report (May 2022) Chris said they are showing some high levels of manganese in several of the wells. On page 29 shows the map at the adjacent parcel - CS&R map. The 2 wells with the high metals are where the old boat storage yard was. There were reports they were burning boats and dumping wastes. We need to continue to monitor that. On page 147, you can WQRC Meeting Minutes 2 12-23-2022 see the map of the current facility and it will show you where the wells of concern are:, -=Robert-asked if -there were 4-or--5=-wells-Chris said on page -146 -there is=a-listing of wells. They are doing annual sampling. Amy said we agreed to that a couple of years ago. Chris said in their table, it says it is well above the secondary maximum - - contamination limit and above what we want to see. He doesn't think the groundwater - standards for drinking water are applicable, but we are in the Zone 2 for our public drinking water supply zone. We need to continue to keep an eye on this and next year comment on why they are seeing such high levels consistently since 2017. Amy asked if Chris knew what the mitigation would be for that. Chris said his guess is that there is something buried, and it would need to be removed. Amy asked if he knew if there was anything specific required. Chris answered this is going back many years, and they had - controversy with boats -being illegally stored -- - there- and cleaning up -the -site. He is feels-CS&R is-- --guessngtheir-test bits missed itori imall --as artof the purchase. - - - --_- - - - doing a good job cleaning up the site and doesn't want to be punitive, but feels we need to keep aware and keep monitoring. Chris also said we don't allow boat storage as a recognized use. Davis will keep the committee informed. Am_y_asked_i�tb_e_Gr_ov�I�abJlad_gotten_its occupancy_. Davis_aps�e�ed that is_correct. _ _ Amy saidtheircertificate wouldn't start until they received that, correct? Chris said it - -- would be based on when they were sent their first certificate. It isn't tied to occupancy; it is tied to the property_ whether they are open or not. Amy will look into that further. • Groundwater Monitoring Report 1399 -Freeman's Way • Notification of Wood Waste Removal for 989 Freeman's Way 9/27/22 -H ?q-ctfa- - Chris said we spent extensive -time on -this property with Daniels where he was required - -- to do groundwater monitoring. He wouldn't do it because he said he didn't have money, had extensive buried waste, and didn't have a site assignment. We finally came to a closure where they did testing, found buried waste, removed it, only had surface stockpiles, and were going to do a solar array. One of the requirements was that they would keep us appraised of any submittals to DEP that were related to the final closure and conversion of the final site. I am not sure this committee is getting those documents. He saw recent documents where they found a lot of those buried wastes that they said were nonexistent. Amy said she did not put that on the agenda because when she was talking with John TW form NSU regarding the pH results from CS&R, there has been recent correspondence that she was cc'd on, from the consultant that went to DEP regarding the landfill closure. There is still additional information being gathered and communications back and forth with the consultant and DEP. She decided with John from NSU that they would wait to get the response from DEP before having him come before the committee. He knows he will be coming before WQRC to talk about the proposed modification to the landfill closure plan. Chris said they were supposed to provide us with copies of all correspondence with DEP, and clearly, they haven't. He feels we are being kept in the dark, and they are waiting for them to come to an agreement before they share it with us. He would rather have more input than that. There was extensive discussion about buried waste at this site, and they did some tests telling us there was nothing there, and now the plan they provided in this WQRC Meeting Minutes 3 12-23-2022 .packet, talks about tailings. out _there. What does that _mean? There's a lot of plastic, - _ g Y __-___construction debris, trash -out there. Those -thin s=shouldn't-be beneficially - - - as fill. The same with wood waste. And we can't let them bury that as fill. That was never agreed to. He understands we want them to find a beneficial use of the site, they need to - -- - _ - - -make money to do this, -but he has very little sympathy with them because they did not-- operate ot operate within the rules for a lot of decades. Robert asked what company. Chris answered Daniels. Mr. Antinorelli has been very cooperative in the past and split off from Daniels and is not apart of that property now. Amy said our next meeting would be Jan 27t" so she will communicate with the consultant and ask him to come in. Chris said DEP will hold the original owner - - -responsible for -that even -if -he sells it until they -get things to their satisfaction but - -- - - -- - - ----sometimes; they need to be held to that. -Amy said -where we are -an advisory -board and-------------------- the permits come out of Planning, she is unsure as to what our legal input would be moving forward. Chris said they do have a certificate, and he believes it says no buried wood waste, so they are in violation of their certificate. Davis asked if this should be referred to Planning. Amy said she would think that is the legal avenue we have. Chris said we_are,-i-dentified as one of_the groups_th_e_y_should_be_sanding allth_e_DEP communications to. We need to have some level of review beyond this letter from - Bennett with a map showing buried waste. Maybe it is worth us contacting DEP and saying we haven't reviewed this yet; we want to weigh in before your final decision. It makes sense.to look at the decision the Planning Board made. Amy said let us look back at that -decision to help us define, who should be doing what. Amy will get in touch with --- -----John-our Town -Planner. -Chris -said -they -are -trying -to move-very-quickly-on-this-in-the----- m s-in-the- --- -- - - -- month -of January. We can call a special meeting once we know more. -I#em-5:�MatteTs-N o#-Reasamably-A�nticpate-dYbyth-e�Ch-a i r -- Amy -said before the meeting started, -Chris -mentioned the Select Board have voted on an --- updated policy on meetings, and as of March 1St, we will be going back to in person meetings, and the public will be invited back into meetings as well. Next Meeting: January 27, 2023 9AM MOTION to adjourn the meeting at 9:55AM. MOVED by Kimberley Pearson. Seconded by Robert Michaels. Roll Call Vote: Kimberley Pearson - yes, Davis Walters - yes, Robert Michaels - yes, Chris Miller - yes, Vice Chair Amy von Hone - yes VOTE: 5 -yes 0 -no Respectfully Submitted by: Beth Devine Action items: Davis- will keep the committee informed about CS&R and the high levels of manganese and their continued groundwater monitoring. Amy- will talk with CS&R and the consultant regarding the process of crushed concrete from start to finish. Amy- will get in touch with the Town Planner to find out about next steps for the Daniel's Property. Amy- will look into the Grow Lab Certificate and next steps. Beth- will send out approved certificates with recently approved Minutes attached. Beth- will send out certificate renewal letters to those who are due this year. WQRC Meeting Minutes 4 12-23-2022 Beth will notify-the next meeting-certificate renewals they.will be on the next agenda. Packet of additional documents available on the website for public review WQRC Meeting Minutes 5 12-23-2022 - WQRC Meeting Minutes 5 12-23-2022