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HomeMy Public PortalAboutBoard of Health -- 2022-12-07 MinutesVV %� o�%�� x'40� �ffTnF rl,, Town of Brewster 2198 MAIN STREET BREWSTER, MASSACHUSETTS 026314898 PHONE: 508.896.3701 EXT. 1120 FAX: 508.896.4538 brhealth@brewster-ma.gov WWW.BREWSTER-MA.GOV Board of Health Meeting Wednesday December 7, 2022 at 6:45PM Town Hall, Room A Health Department Amy L. von one, Director Sherrie McCullough, R.S. Assistant Director Tammi Mason Senior Department Assistant Board members present: Annette Graczewski, MT (ASCP), Chair; Kimberley Crocker Pearson, MS, MD, MPH, Vice Chair; Penny Holeman, MPH, MA, MS and David Bennett Board members absent: Casey D. Chatelain Others present: Amy von Hone, R.S., C.H.O., Health Director, Sherrie McCullough, R.S., Assistant Health Director, Tammi Mason, Senior Department Assistant, Peter Lombardi, Town Administrator and Donna Kalinick, Assistant Town Administrator Others present remotely: Chris Miller, Natural Resource Director and Mark Nelson, Horsley Witten 1. Call to Order Meeting was called to order at 6:45PM 2. Chair Announcements A reminder for residents to keep up with the Covid-19 boosters. If it has been 2 months since you've finished your primary vaccine series or received a monovalent booster, you are eligible to receive an updated bivalent booster, which targets the original strain and the Omicron variant. The Moderna booster is approved for anyone 6 years of age and older and the Pfizer is approved for anyone 5 years of age and older. The Cape Cod Times ran an article on November 29, 2022 regarding current Hepatitis C treatment. The article noted that New England is lagging behind many other areas of the country in Hepatitis C treatment, despite the availability of new and highly effective medications. The CDC is recommending screening for all adults, pregnant women, and others with risk factors, especially for baby boomers who may have contracted the virus prior to testing being available. The treatment is safe and effective and universally covered by health insurance, Medicare and Medicaid. More information can be found at www.cdc.gov 4. Citizen's forum None. 5. Update on Proposed Title 5 revisions by Mark Nelson and David Bennett AG -Massachusett s Department of Environmental Protection (DEP) is proposing amendments to Title 5 to address the removal of nutrients specifically nitrogen, in Environmentally Sensitive Area's (ESA) towards restoration of water quality in the salt water estuaries. The period for public comment regarding DEP regulatory changes is December 16, 2022. MN -put together a summary of the proposed changes to Title 5 and the addition of a new regulation for Watershed Permits that has been proposed by DEP. The two of them are tied together. Title 5 has always had a requirement for nitrogen sensitive areas going back to the changes in 1995. It basically was designed to limit the wastewater flow in drinking water areas (Zone II) as well as homes that were served by septic systems and a private well, to minimize the amount of nitrogen that could effect drinking water quality. It was designed to meet a standard 10 mg/L across the property with the 440 rule that is in the nitrogen sensitive areas. N:\Health\from Shari\MSWORK FOLDERS\MEETINGS\BOII\Dec0722m.doc There is language in Title 5 now that hints that they may extend this for other nitrogen sensitive areas, such as coastal estuaries. Language has been added to include natural resource areas, which are defined as areas that contribute groundwater and/or surface water to a coastal estuary. The predominant look here is if the groundwater is contributing to these coastal estuaries. THE DEP has stated that in 5 years, every property within those areas has to install an innovation nitrogen reducing septic system, unless the Town begins work and eventually adopts a watershed permit that would develop a separate plan managing nitrogen within these sensitive coastal estuaries. Nitrogen is the main concern for coastal estuaries. It is coming from septic systems, lawn fertilizers, agricultural sources, stormwater run-off, etc. The septic systems in the coastal estuaries contribute about 80% of the nitrogen load going to the service waters. The states drinking water standard is 10 mg /I, which is the maximum contaminate level for nitrogen. The new regulations are designed to kick this into higher gear and get some of the watershed plans complete, and get the towns to adopt the work that they've been planning on for years. The primary estuary that has a watershed in Brewster is the Pleasant Bay system. That was the location of the first watershed permit that DEP has issued. This regulation would not require the septic system upgrades in that area because the permit already exists. The other three watersheds that are part of this plan are: Herring River Watershed, the Bass River Watershed and the Swan Pond Watershed. Brewster is a minor player in all 3 of those watersheds. Herring River is just north of Long Pond in Brewster, heading south towards Harwich. The watershed to Sheep Pond would eventually drain towards the Herring River Watershed. The way the watershed analysis was done by DEP, through the Massachusetts Estuary Project, identified that Brewster had no requirement to do any removal of nitrogen for existing conditions. The nitrogen load was low enough hat it wasn't effecting water quality. Future development would have to come up with a plan to make sure that no additional nitrogen was heading to the Herring River. Swan Pond and Bass River: the area of Brewster that is in those watersheds is incredible minor and most of it is protected open space, along the boundary between Brewster and Dennis. Looking through the report, it appears that there is little to no language about a requirement for Brewster to An anything in those watershed. Part of the land is in both watersheds (this needs clarification by the Massachusetts Estuaries project). The issue for Brewster with these regulations is, with the two small watersheds (which have a few homes in each), if there is no requirement to help clean up those estuaries from the homes in Brewster, could there be a simplified process to get a Watershed Permit for the Town that says "no requirement to do anything". Watershed Permit regulations are very detailed, they require a lot of work and oversight by the community. A series of location have been identified where there is a water resource issue. DEP is reserving the right to identify future watersheds where there are water quality issues and add them to the process. The five (5) year time frame (if there is no permit) for every one to install an I/A system in the watershed is nearly impossible. The Watershed Permit allows the Town to set up a plan to reduce nitrogen over 20+ years. Regulations say you have to show, and actually accomplish a 75% removal of the load within twenty (20) years. AG -We have been waiting to hear from DEP as to whether they will recognize the twenty (20) year Watershed Permit that the Town currently has, under the new regulation. PL- His understanding is that the permit would be in compliance. AG- Would Brewster seek a Watershed Permit independently of the other towns? MN -The Regulation does allow for independent permits. The Town could get a waiver or variance for the small areas that are Brewster's responsibility. AG- Asked if Mr. Nelson knew the number of systems in the Pleasant Bay area, the Herring River Watershed, the Swan River Watershed and the Bass River Watershed. N:\Health\fr om Shari\MSWORK FOLDERS\MEETINGS\BOH\Dec0722m.doc MN- Stated he doesn't have an exact number but roughly 300400 homes in the Herring River Watershed, 20 homes total in the Bass River and Swan River Watersheds and between 600-700 homes in the Pleasant Bay area (which are not subject to the I/A regulation because a permit is already in place). AG -Spoke about the Integrated Water Resource Management Plan and asked if Brewster has an approve plan. MN -A plan was submitted to DEP for review, but they have not reviewed it because the regulations were so minimal compared to other towns that no state permits were required to make it work. DEP didn't feel they had to approve it. It maybe brough back to them if there is a desire to get funding through the State Revolving Fund and the Cape and Islands Fund, who would have to approve it. DB -Spoke about the current plan and the savings to the Brewster taxpayers. He is concerned that it is a mandate with no funding. PL -Spoke about the funding aspect. DB -If the Board is going to offer public comments, it should include the fact that the Board embraces environmental protection and they share concerns with the various aspects of funding and implementation. He suggested asking for a 60 -day extension on the public comment period. PL -The Water Resource Task Force has just started up and will be talking this through at the next meeting. They will be issuing a comment "from the Town". KCP-Spoke about these plans not working. The issues was not brought up at DEP meetings and people are not aware that things might not work as suggested. MN -Travel time is an issue to see if these I/A systems would work. KCP-Spoke about Nitrogen Reduction Systems. DB -Spoke about distance from the septic systems and ponds and thinks a pause on concentrating on those houses that are closest to the water body would be appropriate. KCP-Nitrogen removal technology is the "absolute" answer. CM-DEP's goal is not to return to "pre -civilization" and thinks the Town can get close to it. PL -Spoke about I/A's not having "General Use" approval and the fact that there is no proof they work and may not know that even in 5 years. AVH-The plan is for the new task force to come up with comments. The Board is ok with the Task Force commenting. 6. Fee Waiver request for 212 Yankee Drive Septic Inspection This is a request to waive the $25 fee required to review a septic inspection report. Motion: Approve the waiver request Motion: Kimberley Crocker Pearson Second: Penny Holeman Vote: 4-0 Action: Motion carried 7. Discuss & Vote on draft Pressure Dosed System Operation & Maintenance Requirement Letter AG -This was discussed at the last BOH meeting and the Board was in favor of sending out an information lett er to homeowners with Pressure Dosed systems. David Bennett drafted the letter for the Board to review. KCP-Suggested spelling out what "provider" means. DB -A septic inspector can be the provider if the system is under 200gpd, but a PE (Professional Engineer) or a Groundwater Treatment Operator has to be the provider if the system is over that. AG -This seems more like an order letter and stated that it is not the BOH that develops a Comprehensive Wastewater Plan, The Board is working with the Town Administrator's office to implement this. She would like to see that changed in the letter. KCP-The letter should be low tech so people can understand it. Motion: Continue and the Board can make revisions. Bring back to the next meeting. N:\Health\from Shari\MSWORK FOLDERS\MEETINGS\BOH\Dec0722m.doc Motion: Penny Holeman 8. Liaison Reports Second: David Bennett Vote: 4-0 Action: Motion carried AG -The Recycling Committee met and noted that the Textile Ban began on November 1, 2022. There are additional receptacles at the transfer station for the textile. People should not be putting these items in household trash any longer. PH -The COA (Council on Aging) is working on developing its next 5 -year plan. 9. Matters not reasonably anticipated by the Chair 1►C7T 10. Items for next agenda None. 11. Next meeting: December 21, 2022 Noted. Informational items were noted. Meeting adjourned at 8:15PM. N:1Health\from Shari\NISWORK FOLDERS\MEETINGS\BOFnDec0722m.doc