HomeMy Public PortalAboutBOH 4.3.24 packet\\fileserverl6\rdocuments$\tmason\Desktop\BOH 4.3.24 Agenda.docx
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Town of Brewster Board of Health
9
= 2198 Main St., Brewster, MA 02631
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brhealth@brewster-ma.gov
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(508) 896-3701
REVISED BOARD OF HEALTH MEETING AGENDA
2198 Main Street
April 3, 2024 at 6:30PM
Board of Health
This meeting will be conducted in person at the date, time and location identified above. This means that at least a quorum of the
members of the public body will attend the meeting in person and members of the public are welcome to attend in person as well. As
Penny Holeman
a courtesy only, access to the meeting is also being provided via remote means in accordance with applicable law. Please note that
while an option for remote attendance and/or participation is being provided as a courtesy to the public, the meeting/hearing will not
be suspended or terminated if technological problems interrupt the virtual broadcast or affect remote attendance or participation,
Kimberley Crocker
unless otherwise required by law. Members of the public with particular interest in any specific item on this agenda, which includes
Pearson
an applicant and its representatives, should make plans for in-person vs. virtual attendance accordingly.
David Bennett
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
John Keith
To request to speak: Press *9 and wait to be recognized.
Zoom Webinar: htLos:Hus02Web zoom usTI82043944509?owd=MvtoM2kvUExKL 3d 09
Abigail Archer
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 (ivestream.brewster-ma.gov) or Video recording (tv.brewster-
ma.gov)
Health Director
1. Call to Order
Amy von Hone
2. Declaration of a Quorum
3. Recording Statement
Assistant Health
4. Chairman's announcements
Director
5. Citizen's forum: Members of the public may address the Board of Health on matters not on the meeting agenda for a
Sherrie McCullough
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
Senior Department
6. I/A Technology Non -Compliance hearings and updates
Assistant
a. 56 McGuerty Road
Tammi Mason
b. 34 Captain Connolly Road
7. Review and discuss local BOH regulations and policy:
a. Leaching Facility Setback Regulation
b. Real Estate Transfer Inspection Regulation
c. In -House Septic Variance Policy
8. Discuss proposed Short Term Rental Bylaw
9. Update on proposed Pesticide Reduction Home Rule Petition for Pesticide
10. Review & approve minutes from 3/6/24
11. Liaison Reports
12. Matters not reasonably anticipated by the Chair
13. Items for next agenda
14. Next meeting: April 17, 2024
15. Informational items:
a. CDC update on Measles outbreak
b. Covid-19 Update (CDC & DPH)
C. County Respiratory Dashboard (CC Acute Respiratory Disease Website)
d. Monthly report For Serenity
e. DEP Correspondence for Cape Cod Ready Mix
15. Adjournment
Date Posted: Date Revised: Received by Town Clerk!-.. - —
-
3/29/24 - -
\\fileserverl6\rdocuments$\tmason\Desktop\BOH 4.3.24 Agenda.docx
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Town of Brewster
2198 MAIN STREET
BREWSTER, MASSACHUSETTS 02631-1898
PHONE: 508.896.3701 EXT. 1120
FAX: 508.896.4538
bi'healthobrewster-ma.g v
W W W.BRE W STER-MA. GOV
I/A Systems for Discussion Continued
April 3, 2024 BOH Meeting
Health Department
Amy L. von Hone, R.S., C.H.O.
Director
Sherrie McCullough, R.S.
Assistant Director
Tammi Mason
Senior Department Assistant
I/A Systems (Systems out of compliance): BOH Review with Owner/Operator for Noncompliance
56 McGuerty Road
o 2002 installation of Singulair 960 DN
o Property in Zone II, DCPC, Pleasant Bay Watershed
o Pilot Approval with Nitrogen removal
o Maximum 19 ppm of Total Nitrogen allowed.
o Sample frequency — 2x/year
o Total Nitrogen above limit
o Letter sent 8/22/23. Email sent 9/8/23 & 9/21/23 to owner from O&M Operator with updated proposal
to address noncompliance issue. Health Dept. agreed to extend resampling at end of October 2023
after system is pumped. No samples recorded for 2023.
o Email sent to operator for update. Operator provided 1/4/24 sample data. System generating high
solids, high treated effluent ammonium concentrations resulting in TN exceedances. Influent has
quaternary ammonium compounds which may be affecting treatment. Operator consulting with
operations team for recommendations.
o BOH to discuss results and plan of action.
o 2nd Notice sent 3/11/24.
o Email sent to operator for update on 3/28/2024. Operator responded on 3/29/2024. The homeowner
has been updated on the most recent findings and the operator has requested a chemical inventory
from the client. The operator has not received the results of the chemical inventory to date.
2. 34 Captain Connolly Road
o 2015 installation of PercRite Drip Dispersal System
o Property in Zone II, DCPC, Herring River Watershed, Private Well
o General Approval
o Inspection —1x/year
o Non-compliant contract letters were sent 10/5/16 and 7/24/17. No response from the owner. County
database no longer tracks Perc-Rite I/A systems.
o Letter sent 1/22/24 re: Pressure Dose Inspection required.
o BOH to discuss plan of action.
o 2nd Notice sent 3/11/24.
o No response to date.
N:\Health\BOH Meeting Notes\BOH Hearing Notes\lA Hearing Notes\BOH Hearing Notes 04.03.241A Samples.docx
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March 11, 2024
Jonathan & Jessica Swanson
56 McGuerty Road
Brewster, MA 02631
Town of Brewster
2198 MAIN STREET
BREWSTER, MASSACHUSETTS 02631-1898
PHONE: 508.896.3701 EXT. 1120
FAX: 508.896.4538
brhealthic brewster-ma.goy
WWW.BREWSTER-MA.GOV
Health Department
Amy L. von Hone, R. S., C.H.O.
Director
Sherrie McCullough, R.S.
Assistant Director
Tammi Mason
Senior Department Assistant
CERTIFIED MAIL; 9589 0710 5270 1227 9976 82
REGULAR MAIL
RE: Notice of Noncompliance — Innovative/Alternative Septic System
56 McGuerty Road Brewster, MA 02631 M94 L88
SECOND NOTICE
Dear Mr. & Mrs. Swanson:
In August 2023, you received a letter from the Brewster Board of Health regarding deficiencies in meeting sewage treatment
requirements of your Innovative/Alternative Septic System under the State Sanitary Code, Title 5: General Conditions for Use
of Alternative Systems pursuant to 310 CMR 15.284 through 15.287 and 15.288 and Brewster Board of Health Regulations.
Your system operator, Bennett Environmental Associates, contacted the Health Department several times with updates on
the maintenance and sampling events completed between September, 2023 and February, 2024. Unfortunately, your system
remains out of compliance with regards to its required total nitrogen discharge limits. Failure to take action constitutes non-
compliance and a violation of MA State Environmental Code and our local code for which enforcement actions may be
undertaken, including the issuance of monetary fines.
As a result of your system noncompliance, you, and/or your representative, are hereby requested to appear before the
Board of Health at its meeting on April 3, 2024, at 6:30 pm, Brewster Town Hall, 2198 Main Street, Brewster, MA to discuss
the noncompliant condition of your system and the steps to be taken to bring the system back into compliance.
Please contact this office upon receipt of this letter to confirm receipt and acknowledge your required attendance at the
Board of Health meeting on April 3, 2024.
If you have extenuating circumstances that may constitute a hardship in obtaining compliance with this Order, please
communicate in writing to the Board of Health within thirty (30) days of receipt of this notice for Board of Health review.
If you have questions, please do not hesitate to contact the Health Department at 508-896-3701, ext. 1120.
Sincerely,
100MO-00"
David Bennett
Brewster Board of Health, Chairman
Cc. Bennett Environmental Associates, 1573 Main Street, Brewster, MA 02631
File
N:\Health\IA Information\130H IA Enforcement Information\IA Noncompliance Data Enforcement\56 McGuerty Road second non compliance letter
3.11.24.docx
August 22, 2023
Jonathan & Jessica Swanson
56 McGuerty Road
Brewster, MA 02631
Town of Brewster
2198 MAIN STREET
BREWSTER, MASSACHUSETTS 02631-1898
PHONE: 508.896.3701 EXT. 1120
FAX: 508.896.4538
brhealth brewster-ma. ov
W W W.BREW STER-MA.GOV
RE: Notice of Noncompliance — Innovative/Alternative Sewage System
56 McGuerty Road Brewster M94 L88
Dear Mr. & Mrs. Swanson:
Health Department
Amy L. von Hone, RS., C.H.O.
Director
Sherrie McCullough, R. S.
Assistant Director
Tammi Mason
Senior Department Assistant
Certified Mail: 7021 0350 0000 0857 6846
This office monitors the sampling results for the Innovative/Alternative septic system approved and installed at your Brewster property.
in accordance with 310 CMR 15.287 of 310 CMR 15.000: The State Environmental Code, Title 5: General Conditions for the Use of
Alternative Systems Pursuant to 310 CMR Under 15.2840 through 15.286.
Our review finds that the Alternative System performance in the removal of total nitrogen is deficient and concentrations of total
nitrogen are consistently greater than that represented in the technology approval and local approvals granted. Such conditions could
threaten public health, welfare and safety and adversely affect the environment. Therefore, you may be out of compliance with 310
CMR 15.000: The State Environmental Code, Title 5, and the Town of Brewster Local Board of Health Regulations.
To bring your Innovative/Alternative system into compliance, you must increase system treatment performance and lower total nitrogen
concentrations. You should speak to your Wastewater Treatment System Operator to discuss these deficiencies and to collect effluent
samples and analyze total nitrogen (nitrate+nitrite+TKN) within thirty (30) days of receipt. They should forward these results
to the Brewster Health Department within 15 days of receipt with an explanation of noncompliance and or corrective actions
undertaken. A list of certified operators is attached for youreconvenience.
You have the right to a hearing before the Board of Health to show cause why the Board should modify or withdraw this order. If you
choose to exercise this right, you must do so, in writing, within seven (7) days of receipt of this letter.
If you have any further questions or comments about this matter, please contact our office Monday through Friday, 8:30- 4:OOPM. Our
telephone number is 508-896-3701 ext. 1120.
Failure to comply with this Notice will result in further Board of Health action and/or
legal action including mony�ary fines.
2�'►GE�Ci
Respectfully,
Amy von Hone, R.S., C.H.O. � q�
Health Director �A�
cc: Barnstable County Department of Health and Environment- Tracy Long
Board of Health
File
Enclosure: VA Contractor List
Noncompliance letter (final temp6 7.27.23),doc
eve
S-� Azr-41
Amy von Hone
From: Samantha Farrenkopf <SFarrenkopf@NSUWater.com>
Sent: Tuesday, February 27, 2024 4:32 PM
To: Amy von Hone
Subject: RE: Brewster Health Department NON Response / Extension Request
Attachments: 56 McGuerty Rd - Brewster MA O&M Checklist 11023 1-4-2024.pdf, 11023 Alpha (ww
eff retest) 01-04-24.pdf, 11023 RIA (inf quat) 01-04-24.pdf
I do! Apologies that it's not on the county system yet, our technician has been out for 2 weeks so we're still working
on the January data. I've attached the inspection, as well as an effluent resample and influent quaternary
ammonium analysis.
Initial findings: despite recent pumping, there are still high solids in the system including coming through to the
treated effluent affecting color and settleable solids field indicators. The system continues to show higher than
average treated effluent ammonia concentrations, leading to total nitrogen exceedances, despite process control
adjustments. There is also a concentration of quaternary ammonium compounds in the influent that is considered
a factor in inhibition of treatment in the system. I am going to touch base with our operations team in
consideration of these findings for further review and recommendations.
Thankyou,
S FasrveAkopf
SAMANTHA FARRENKOPF
INNOVATIVE ALTERNATIVE PPnroAnn ci IPERVISOR
TEL: (508) 896-1706 1 FAX: (508) 896-5109
BEA NSUWATER.COM
f,rU
This message may contain privileged and confidential information. If you are not an intended recipient, please note
that any disclosure, dissemination, distribution, or copying of this information is prohibited.
BENNETT ENVIRONMENTAL ASSOCIATES, LLC.
A Natural Systems Utilities Company
1573 Main Street
Brewster, MA 02631
From: Amy von Hone <avonhone@brewster-ma.gov>
Sent: Tuesday, February 27, 2024 3:23 PM
To: Samantha Farrenkopf <SFarrenkopf@NSUWater.com>
Subject: RE: Brewster Health Department NON Response / Extension Request
Caution: This email originated from outside the organization. Do not click links or open attachments unless you recognize
the sender and know the content is safe. If you are unsure, please contact IT.
Hi Samantha-
Do you have an update on this system? I am not finding any data in the County system beyond 10/26/23.
Thanks, Amy
Amy L. von Hone
Health Director
Brewster Health Department
508.896.3701 X1120
From: Samantha Farrenkopf <SFarrenko f NSUWater.com>
Sent: Wednesday, January 3, 2024 2:55 PM
To: Amy von Hone <avonhoneLbrewster-ma.gov>
Cc: Jon Swanson <ionswan5@comcast.net>; Joseph Smith <JSmithCCU NSuyvater.cL, >; Brian Fortin
<bfortin@NSUWater.com>
Subject: RE: Brewster Health Department NON Response / Extension Request
Thank you for the message Amy, I had this flagged to look into because it seems we still do not have results from one of
the parameters we wanted to review, which have to be submitted to a different laboratory. I do, however, have results
for the parameters the BOH had requested, as well as supplemental influent sampling to review in consideration of
incoming waste strength. I have attached those results.
The system was pumped on 10/3/23, and on 10/4/23 an operator was on-site to make process control adjustments to
adjust the aeration for the system to continuous operation. Total nitrogen sampling completed on 10/24/23 to allow the
system time to acclimate following pumping and operate under the new process settings, reported total nitrogen
greater than 19 mg/L. These results are being reviewed by our operations team, and based on these results, an
additional total nitrogen resample is scheduled to be completed during January 2024 routine operation. If we are unable
to get results from the initial collection of the parameter quaternary ammonium, I am also going to have our operator
recollect that parameter, as it will give us information about potential inhibition in the treatment process.
Thank you,
SAMANTHA FARRENKOPF
INNOVATIVE ALTERNATIVE PROGRAM SUPERVISOR
TEL: (508) 896-17061 FAX: (508) 896-5109
7u(-
NSUWATER.COM
This message may contain privileged and confidential information. if you are not an intended recipient, please note
that any disclosure, dissemination, distribution, or copying of this information is prohibited.
BENNETT ENVIRONMENTAL ASSOCIATES, LLC.
A Natural Systems Utilities Company
1573 Main Street
Brewster, MA 02631
From: Amy von Hone <avonhone@brewster-ma.8ov>
Sent: Wednesday, December 27, 2023 12:06 PM
To: Samantha Farrenkopf <SFarrenko f NSUWater.com>
REQUIRED DATA
Outside Temp:
Weathencc '>��
FIELD TEST
NO':_ D
NO':
pH:.:
Temp: 1 �. ?
NH3: ff�l(��
Alk: l
DO:
Turb:
COLOR: (circle onel
I�ro n Gray
Clear Turbid
Other (specify below)
SMELL circle one
Iu Earthy
Moldy Offensive
Turbid
Suspended Solids
} None S e
lc{ t
SINGULAIR SERVICE CHECK LIST (with
same filter)
INSTALLATION NO.
CLIENT: Vis►
SITE ADDRESS: Az p l r
TOWN: wdL
Location
Work to be performed
Done
First
Remove concrete cover,
chamber
check for normal water
level
Check sludge depth after
second year of operation
Second
Remove concrete cover
chamber
water slowly flowing until
Control
Open and set to "CONT"
center
position
Second
Check air flow through
d
chamber
aerator
Unplug aerator and lift out
llp�
Check for worn rubber pads
e�
Check for wear or problems
0(
Check wire in riser for
t(
chafing, tape if needed
Wash off aerator, put it
First
back
chamber
Hook up ammeter, check
Second
current with aerator
N
chamber
running, remove pigtail.
Third
Remove concrete cover and
r�
chamber
remove filter top.
�l
Turn in black locking tabs
0(
Install pump and start
Control
pumping from filter to first
center
chamber. Lift filter with
rope as necessary.
Lift out filter, put it in tub
Paper
Clean the outside of filter
work
with water, drain back to
first chamber
kj t4A )L)L11043
OPERATOR: �.
DATE OF SERVICE:
I
`c,10
c"' .�
1
Set filter upright in tub, run
clean water into it until the
water flows out of the hole
in the flange. Insert
compressed air hose and
agitate with air.
Keep agitating with clean
water slowly flowing until
the exiting water is clear.
Finish hosing down filter
Scrape hopper
Apply lubricant to filter
flange
Place filter in place, fill
with clean water and sink it
Turn out locking tabs,
replace filter cover
Replace concrete cover
First
Replace concrete cover
chamber
Second
Plug in aerator
chamber
Coil wire so it is not in
contact with anything
0(
Replace concrete cover
Control
Put switch on "AUTO"
center
position
Close and lock cover
Read and record hour meter
Paper
Leave notice of service with
work
owner
Note in company file any
irregularity or problem
Indicate if any follow-up is
necessary
Be sure to complete file on
service, return it to office
`c,10
c"' .�
1
n
BENNE-TT
ENVIRONMENTAL
ASSOCIATES
A Natural Systems Utilities Company
1573 MAIN STREET
BREWSTER. MA 02631
TEL: (508) 896-1706 1 FAX: (508) 896-5109
Date & Time of Visit:
A site visit was conducted today for:
O&M
[A Yes
❑ No
Testing
Yes
❑ No
Repair
❑ Yes
No
Alarm Call
❑ Yes]
No
Your system is operating correctly
[2 Yes
❑ No
Tank(s) in need of pumping
R Yes
❑ No
Further maintenance required
❑ Yes
No
Repairs needed
❑ Yes
No
Please contact our office
❑ Yes
[ No
Contact renewal required
❑ Yes
[4 No
Field testing
[ Pass
❑ Fail
Sample pulled
Yes
❑ No
Laboratory sampling conducted
Yes
❑ No
BENNETT-EA.COM
Project Name: SWANSON RESIDENCE
Project Number: K11023DA.L.IA.700
Lab ID:
L2400646-01
Date Date
Client ID:
EFFLUENT RESAMPLE
RL
Sample Location:
BREWSTER, MA
Method
Sample Depth:
0.050
Matrix:
Water
44,353.2
Parameter
Result Qualifier
Units
General Chemistry - Westborough Lab
44,353.2
Nitrogen, Nitrite
ND
mg/I
Nitrogen, Nitrate
ND
mg/l
Nitrogen, Total Kjeldahl
68.0
mg/I
Page 6 of 17
SAMPLE RESULTS
Serial No:01122416:54
Lab Number: L2400646
Report Date: 01/12/24
Date Collected: 01/04/24 10:00
Date Received: 01/04/24
Field Prep: Not Specified
Dilution
Date Date
Analytical
RL
MDL Factor
Prepared Analyzed
Method
Analyst
0.050
1
01/05/24 03:33
44,353.2
KAF
0.10
1
01/05/24 03:33
44,353.2
KAF
6.00
20
01/09/2423:45 01/10/2411:35
121,4500NH3-H
KEP
R.I. Analytical Laboratories, Inc.
Laboratory Report
Bennett Environmental Assoc.
Work Order #: 2401-00341
Project Name: PROJECT# K11023DA.L.IA.700 SWANSON
Sample Number:
Sample Description:
Sample Type :
Sample Date / Time
PARAMETER
Quatemary Ammonium (NH4)
001
INFLUENT
GRAB
1/04/2024 @ 10:10
SAMPLE REP.
RESULTS LIMIT UNITS
4.5 0.50 mg/L
Quaternary Ammonium - Result may present low bias due to potential absorption
of QACs in plastic; however no negative effects were observed.
METHOD
Hach 8337
Page 3 of 4
DATE/TIME
ANALYZED ANALYST
1/17/2024 11:55 ML
R.I. Analytical Laboratories, Inc.
Laboratory Report
Bennett Environmental Assoc.
Work Order #: 2401-00341
Project Name: PROJECT# K11023DA.L.IA.700 SWANSON
Parameter
Quaternary Ammonium (NH4)
Parameter
L Quaternary Ammonium (NH4)
Quality Control Sample Report
-Metbod Blanks -
Units Results
mg/L
X0.50
Page 4 of 4
Date Analyzed
1/17/2024
-Laboratory Control Standard -
Units - I Spike Cone. Detected Cone. % Rec. Date Analyzed
mg/L 2.0 2.1 105 1/17/2024
I/A System Sample Report History
56 McGuerty Road, Brewster
Barnstable County Department of Health and Environment
P.O. Box 427, Barnstable, MA 02630
Effluent Sample Results
Date
TN
Nitrate
Nitrite
TKN
Ammonia BOD5
TSS
pH
12111/2009
15.2
1.2
0.6
13.4
26
14
7.1
09/03/2011
9.56
3.7
0.76
5.1
12
11
7.5
10/11/2017
78
78
100
100
7
01/24/2018
180
260
10/19/2018
14.97
8.6
0.2
6.17
17
58
10/14/2019
960
960
990
9300
10/26/2020
422.85
2.6
0.25
420
1100
8300
7.69
11/01/2021
33.8
2.4
8.4
23
51
62
6.83
10/17/2022
97.64
0.24
1.3
96.1
170
490
6.68
10/26/2023
27.9 200
68
6.99
Median
55.9
2.5
0.68
50.5
27.9 135
84
7
Influent Sample Results
No Influent Sample Results
02127/2024 05:15pm Page 1 of 1
March 11, 2024
Peter and Ellen Marie Guidry
1907 Stirrup Lane
Alexandria, VA 22308
Town of Brewster
2198 MAIN STREET
BREWSTER, MASSACHUSETTS 02631-1898
PHONE: 508.896.3701 EXT. 1120
FAX: 508.896.4538
brhea..__ . Brewster-ma.p
W W W.BREWSTER-MA.GOV
Health Department
Amy L. von Hone, R.S., C.H.O.
Director
Sherrie McCullough, R. S.
Assistant Director
Tammi Mason
Senior Department Assistant
CERTIFIED MAIL: 9589 0710 5270 1227 9976 75
RE: Pressure -Dosed Septic System Inspection Requirements/Perc-Rite Operation and Maintenance Contract/34
Captain Connolly Road SECOND NOTICE
Dear Mr. & Mrs. Guidry,
Earlier this year, you were mailed a letter from the Brewster Board of Health regarding maintenance requirements for your
pressure -dosed septic system pursuant to Massachusetts State Sanitary Code, 310 CMR 15.254 (2)(d). Your Perc-Rite septic
system approval granted in 2015 requires the following:
- A current Operation and Maintenance Contract with a certified system operator
- Proof of mandatory annual inspections completed by a certified system operator
As of the date of this letter, we have received no response from you regarding the requested information on the inspection
or maintenance of the system within the past twelve (12) months. Failure to take any action constitutes a non-compliance
and violation of MA State Environmental Code and our local code for which enforcement actions may be undertaken,
including a hearing before the Board of Health and/or the issuance of monetary fines.
Because of your lack of response to date, you and/or your representative, are hereby ordered to appear before the Board
of Health at its meeting on April 3, 2024 at 6:30 pm, Brewster Town Hall, 2198 Main Street, Brewster, MA to discuss your
failure to address the noncompliant issues of your system.
Please contact this office upon receipt of this letter to confirm receipt and to acknowledge your required attendance at the
Board of Health meeting on April 3, 2024.
If you have questions, please contact the Health Department at 508-896-3701, ext. 1120.
Sincerely,
David Bennett
Brewster Board of Health, Chairman
cc: Brewster Board of Health
File
Encl. Barnstable County List of I/A Treatment Operators
N:\Health\IA Information\BOH IA Enforcement hlformation\IA Noncompliance Data Enforcement\34 Captain Connolly Rd second non compliance letter
3.11.24.docx
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P,64e:r 1 SlIcA H&rie,
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Town of Brewster
2198 MAIN STREEI
BREWSTER, MASSACHUSETTS 02631-1898
&vlcLrq
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PHONE: 508.896.3701 EXT. 1120
FAX: 508.896.4538
WWW.BREWSTER-MA.GOV
RE: Pressure Dose Septic System Inspection Requirements
Dear Property Owner,
3 4 (4071�n C00 nbt� M
Health Department
Amy L. von Hone, R.S., C.H2O.
Director
Sherrie McCullough, R.S.
Assistant Director
Tammi Mason
Senior Department Assistant
Cape Cod has a sole source aquifer, meaning that one underground water source provide ' s essentially all of the drinking water
on Cape Cod. We drink the same water into which stormwater, grey water, industrial wastewater, and sewage is discharged.
The earth has natural capacity to filter and treat wastewater to meet drinking water standards with proper separation to
wells. However, data shows increased impairment in water quality as the population in our communities continues to grow.
The Board of Health is responsible to ensure effective monitoring of the operation and maintenance of septic systems to
protect and sustain this most valuable resource. in accordance with Mass. State Environmental Code 310 CMR 15-254 (2)(d):
Pumps, alarms and other equipment requiring periodic or routine inspection and maintenance shall be operated, inspected
and maintained in accordance with the manufacturer's and designer's specifications. In no instance shall inspection be
performed less frequently than . once every three months for a system serving a facility with a design flow of 2,000 gallons per
day or greater and annually for any system serving a facility with a design flow of less than 2,000 gallons per day. The system
owner shall submit the results of such inspections to the Approving Authority annually by January 3111 of each year for the
previous calendar year.
Health Department records indicate the property at this address is served by a septic system with a pressure dosed [each
facility. We are writing to remind you of your obligation to ensure proper operation of your system by obtaining routine,
periodic inspections as required under the State Environmental Code.
if you have recently had your system inspected, please forward a copy of the report for our records. If you have not had
your system inspected within the past year, we urge you to do so at this time and request that you forward a copy of the
report to the Health Department. A list of licensed Septic Inspectors and Wastewater Treatment Operators has 6een
-enclosed for your convenience.
Thank you for your assistance. Title 5 septic system inspections and maintenance are not only a critical part of our work
together to protect our water resources but will also extend the life of your septic system. if you have questions, feel free to
contact the Health Department at 508-896-3701, ext. 1120.
g nce I —
avi n
Da
eewst oard of Health, Chairman
Encl. Title 5: 3 10 CMR 15.254 (2) (d) Pressure Dosing and Pressure Distribution excerpt
List of Septic Inspectors/Wastewater Treatment Operators
httys://neiwj)cc.QrRJWp-contentlyploadsl2o23/�Q4/$I-ln-51pte-04-25-2023.pdf
Public Information for Septic System Owners:
www.mass.govlguides/carinp-for-y���I
N:\Health\Waste Water information\Pressure Dosing\Final PUBLIC OUTREACH FOR OWNERS OF PRESSURE DOSED SEPTIC SYSTEMS 5.17.23.docx
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Town of Brewster
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2198 MAIN STREET Health Department
e
BREWSTER, MASSACHUSETTS 02631-1898 Nancy Ellis Ice
p
(508) 896-3701
FAX (508) 896-8089
C
July 24, 2017
Peter & Ellen Marie Guidry
1907 Stirrup Lane
Alexandria, VA 22308-2247
Re: 34 Captain Connolly Road
Dear Mr. & Mrs. Guidry:
The Board of Health again'requested that you attend a recent meeting of the Board to discuss your failure to renew the
Operation and Maintenance contract for the Innovative/Alternative septic system at 34 Captain Connolly Road.
On July 19, 2017, the Brewster Board of Health voted to order you to obtain an operation and maintenance contract for
your property in Brewster. Failure to do so by August 15, 2017 will result in court action.
If you have any questions, do not hesitate to contact this office.
Sincerely,
Nancy Ellis Ice, CHO, RS
Health Director
Cc: Emily Michele Olmsted, Barnstable County
Certified Mail: 7015 0640 0005 9933 5593
Regular Mail
October 5, 2016
Peter & Ellen Marie Guidry
1907 Stirrup Lane
Alexandria, VA 22308-2247
Dear Mr. & Mrs. Guidry:
The Board of Health requested that you attend a recent meeting of the Board to discuss your failure to renew the
Operation and Maintenance contract for the Innovative/Alternative septic system at 34 Captain Connolly Road.
Since you did not appear, you are hereby requested to attend the Board of Health meeting scheduled for November 2,
2016 or present an Operation and Maintenance contract as soon as possible.
Failure to do so may result in fines or court action.
If you have any questions, do not hesitate to contact this office.
Sincerely,
Nancy Ellis Ice, CHO, RS
Health Director
Cc: Emily Michele Olmsted, Barnstable County
Certified Mail: 7015 0640 0005 9933 5012
Regular Mail
Town of Brewster
(� FELDER B
Oho sF"�2.
2198 MAIN STREET Health Department
2 "Q 04, =
BREWSTER, MASSACHUSETTS 02631-1898 Nancy Ellis Ice
r
u ar D
y? _
O. &'
(508) 896-3701
�'Y '
FAX (508) 896-8089
October 5, 2016
Peter & Ellen Marie Guidry
1907 Stirrup Lane
Alexandria, VA 22308-2247
Dear Mr. & Mrs. Guidry:
The Board of Health requested that you attend a recent meeting of the Board to discuss your failure to renew the
Operation and Maintenance contract for the Innovative/Alternative septic system at 34 Captain Connolly Road.
Since you did not appear, you are hereby requested to attend the Board of Health meeting scheduled for November 2,
2016 or present an Operation and Maintenance contract as soon as possible.
Failure to do so may result in fines or court action.
If you have any questions, do not hesitate to contact this office.
Sincerely,
Nancy Ellis Ice, CHO, RS
Health Director
Cc: Emily Michele Olmsted, Barnstable County
Certified Mail: 7015 0640 0005 9933 5012
Regular Mail
lq/2-q
Clearwater Recovery
175 Spring Street, Rockland, MA 02370
(781) 878-3849 Office ° (781) 871-4918 Fax
January 18, 2019
Peter Guidry
1907 Stirrup Lane
Alexandria, VA 22308
Re: Perc-Rite system installed at 34 Captain Connolly Road in Brewster, MA
Dear Mr. Guidry,
Upon review of your account, there is an outstanding balance of $148.0o and we
have not received a contract back from you. We have made several attempts to
collect the outstanding debt. Clearwater Recovery has been maintaining your
system in good faith of receiving payment and keeping your system in compliance
with the Board of Health and Department of Environmental Protection.
Unfortunately, due to the lack of contract renewal and the outstanding balance on
your account, we will need to suspend service of this system effective immediately.
As a reminder, the Board of Health and the Department of
Environmental Protection requires homeowners of alternative systems
to maintain an active Operations and Maintenance contract with a
qualified licensed service provider, for the life of the system. Please see
htt www.mass. ov eea a encies massde water wastewater maintainin -an
rep airin -innovative-alternative-s stem.html for detailed information.
Sincerely,
Roberta Sullivan
Office Manager
RSullivan@ClearWaterRecovery.com
Cc: Brewster Board of Health
May 13, 2015
TOWN OF BREWSTER
2198 MAIN STREET
BREWSTER, MA 02631
PHONE: (508) 896-3701 EXT 1120
FAX: (508)896-4538
BRHEALTH[! BREWSTER-MA.GOV
David Mason, R.S.
Dan A. Speakman Construction
15 Speak Way
North Harwich, MA 02645
RE: 34 Captain Connolly Road
Dear Mr. Mason:
OFFICE OF
HEALTH DEPARTMENT
On May 12, 2015, the Board of Health voted to approve the following
variance from the Brewster Board of Health regulations:
1. To allow the proposed soil absorption system (SAS) to be
129 feet from Elbow Pond.
Because the property is in an environmentally sensitive area,
the following conditions will apply:
1. The owner must agree to install water saving devices on
all fixtures.
2. The leaching must be drip dispersal.
Please submit revised plans to this office.
Enclosed please find a Certificate of Granting of Variance form which
must be properly recorded in the Registry of Deeds. Please submit
a copy of the recorded document to this office.
If you should have any questions, please do not hesitate to contact
this office.
Sincerely,
"7 U;,4-
Nancylis Ice, CHO, RS
Enclosure (1)
Cc: Jean Ann Shiel
WWW. TOWN.BREWSTER.MA.US
Citizens Petition: Short -Term Rental Registration
General Bylaw
General Bylaw: To see if the Town will vote to create a registration system for short-term
rentals by adopting a new General Bylaw entitled "Chapter 180 — Short -Term Rental
Registration," as printed below, or take any other action relative thereto.
CHAPTER 180 SHORT-TERM RENTAL REGISTRATION
§ 180-1 Purpose
A. To create a registration system for short-term rentals in order to protect the health,
safety, and welfare of both the occupant(s) of those rental housing units and the
general public, and to maintain the quality of life in residential neighborhoods in the
Town.
B. The bylaw seeks to provide for orderly operation of short-term rentals within the Town
and prevent any negative impacts on neighborhood character, housing availability,
house prices, availability of long-term rental units, and impacts on infrastructure
systems such as sewer/water, parking, access, fire codes, and building code
enforcement.
C. The bylaw also seeks to provide a method for correcting violations when conditions
warrant and to help enforce local and state laws, codes, and regulations.
D. The bylaw seeks to create a registration system for short-term rentals so that accurate
data about how many short-term rentals are operating within the Town may be
gathered, as well as to ensure public health and safety. This would also provide data to
the town on who operates short-term rentals within the town.
E. Registrations would be subject to an annual fee that would cover costs of enforcement.
Fines collected would be designated for use for enforcement costs in subsequent years.
Registration fees would be set by the enforcing authority at a level sufficient to cover
associated costs of enforcement and registration.
§ 180-2 Definitions.
A. As used in this chapter, the following terms shall have the meanings indicated:
"Corporation" is defined as any business or charitable entity that is required to file
Articles of Incorporation and Annual Reports with the Massachusetts Secretary of State
Page 1 of 6
or an equivalent agency of another state, pursuant to G.L. c. 156D, § 2 or G.L. c. 180, § 4,
respectively.
"Dwelling" is defined by the Town of Brewster as a building containing three or more
dwelling units. This definition includes "Dwelling, One Family Detached" and "Dwelling,
One Family Security" (defined below).
DWELLING, ONE FAMILY DETACHED: A single, separate dwelling unit, designed for
occupancy by one family. [Added 5-7-2012 ATM, Art. 23]
DWELLING, ONE FAMILY SECURITY: One family dwelling unit for owner occupancy or for
occupancy by personnel hired by the owner for the protection of property and safe
operation of a permitted use. [Added 5-7-2012 ATM, Art. 23]
DWELLING UNIT: One or more living and sleeping rooms providing complete living
facilities for the use of one or more individuals constituting a single housekeeping unit,
with permanent provisions for living, sleeping, eating, cooking and sanitation.
"Fit for winter habitation" refers to a dwelling unit that is suitable for habitation in the
winter in so much as that it has a heating system and proper insulation.
"Full -Time Resident" is defined as a person who either lives in Brewster for the entire
tax year or who maintains a permanent place of abode in Brewster that they spend at
least 183 days per year in, as attested by where the domicile of the responsible party is
given according to tax records in the state of Massachusetts.
From mass.gov, , "Your domicile, or legal residence, is your true home or main residence.
You may have multiple residences at one time, but only 1 domicile. You can't choose to
make your home one place for general living purposes and in another for tax
purposes. Your legal residence is usually where you maintain your most important
family, social, economic, political, and religious ties, and it depends on all the facts and
circumstances per case, including good faith."
"Occupancy" is defined as the use or possession, or the right to the use or possession, of
a room in a bed and breakfast establishment, hotel, lodging house or motel designed
and normally used for sleeping and living purposes for a period of not more than 90
consecutive calendar days, regardless of whether such use and possession is as a lessee,
tenant, guest or licensee, or the use or possession or the right to the use or possession
of a room in a short term rental normally used for sleeping and living purposes for a
period of not more than 31 consecutive calendar days, regardless of whether such use
and possession is as a lessee, tenant, guest or licensee; provided, however, that
"occupancy" shall include the right to the use or possession of the furnishings or the
services and accommodations, including breakfast in a bed and breakfast establishment,
accompanying the use and possession of such a room. § 1. Definitions, MA ST 64G § 1
Page 2 of 6
"Occupant" is defined as a person who uses, possesses or has a right to use or possess a
room in a bed and breakfast establishment, hotel, lodging house, short-term rental, or
motel for rent under a lease, concession, permit, right of access, license or agreement.
Operator is defined as a person operating a bed and breakfast establishment, hotel,
lodging house, short-term rental, or motel in the Commonwealth including, but not
limited to, the owner or proprietor of such premises, the lessee, sublessee, mortgagee
in possession, licensee or any other person otherwise operating such bed and breakfast
establishment, hotel, lodging house, short-term rental, or motel.
"Operator's Agent" is defined as a person who on behalf of an operator of a bed and
breakfast establishment, hotel, motel, short-term rental, or lodging house: (i) manages
the operation or upkeep of a property offered for rent; or (ii) books reservations at a
property offered for rent; provided, however, that an "operator's agent" shall include,
but not be limited to, a property manager, property management company or real
estate agent.
"Owner" is defined as the duly authorized agent, attorney, purchaser, devisee, trustee,
lessor or any person having vested or equitable interest in the use, structure, or lot in
question.
"Permanent Place of Abode" is defined as a dwelling place that someone, not
necessarily the owner, continually maintains. This includes a place owned or leased by a
spouse.
This does not include a camp, military barracks and housing, dormitory room, hospital
room or room in any other similar temporary institutional setting; a university owned
studio apartment available only to a university affiliated student, faculty and staff; a
dwelling place completely lacking both kitchen and bathing facilities, or a dwelling
place that is not prepared for winter; a hotel or motel room (but facts and situational
circumstances will be taken into account before deciding); dwelling place owned by
someone who, during the term of a lease, leases it either to others not related to the
owner or their spouse by blood or marriage, for at least 1 year, or where the individual
has no right to occupy any portion of the premises and who does not use such premises
as his or her mailing address during the term of the lease; dwelling place that is
maintained only during a temporary stay in Massachusetts for accomplishing a
particular documented purpose. A temporary stay is defined as a predetermined period
of time not to exceed 1 year.
"Person" is defined as an individual, partnership, trust or association, with or without
transferable shares, joint-stock company, corporation, society, club, organization,
institution, estate, receiver, trustee, assignee or referee and any other person acting in a
fiduciary or representative capacity, whether appointed by a court or otherwise, or any
combination of individuals acting as a unit.
Page 3 of 6
"Property Owner" is defined as any person who alone, or severally with others, has legal
or equitable title or a beneficial interest in any dwelling unit; a mortgagee in possession;
or agent, trustee, or other person appointed by the courts.
"Short -Term Rental" is defined as an owner -occupied, tenant -occupied, or non -owner
occupied property including, but not limited to, an apartment, house, cottage,
condominium, or a furnished accommodation (such as a bedroom within a residential
dwelling) that is not a hotel, motel, lodging house or bed and breakfast establishment,
where: (i) at least 1 room or unit is rented (for a fee) to an occupant or sub -occupant for
a period of not more than 31 consecutive calendar days; and (ii) all accommodations are
reserved in advance; provided, however, that a private owner -occupied property shall
be considered a single unit if leased or rented as such. Excludes hotels licensed under
M.G.L. Chapter 140, section 6; motels licensed under M.G.L. Chapter 140, section 32B;
lodging establishments licensed under M.G.L. Chapter 140, section 23.
"Unfit for winter habitation" refers to a dwelling unit that is not suitable for habitation
during the winter, in that the dwelling lacks a heating system and/or lacks proper
insulation.
§ 180-3 Registration Requirements.
A. Any property owner seeking to offer a short-term rental needs to register annually with
the town of Brewster for a fee set by the enforcing authority. The fees collected are
solely to pay for costs associated with enforcement, such as compliance software and
any positions that need to be hired. All properties that are registered would need to be
in compliance with local and state ordinances, zoning bylaws, and the State Sanitary
Code.
B. The registrants need to apply prior to Feb. 28 of each year, with the rental period
running from Mar. 1 to Feb. 28 of the following year. Registrations are subject to annual
renewal and fees. Registrations cannot be transferred to any other person, legal entity,
or address. The registration shall be terminated upon sale or transfer of the property for
which the registration has been issued.
Properties purchased after Feb. 28 will not be able to obtain a short-term rental
certificate for the current registration year; owners will be able to obtain short-term
rental certificates for the following registration year.
C. Each registrant is required to submit a sworn affidavit of compliance with their
registration. The enforcing authority reserves the right to conduct inspections of
properties to ensure compliance, including, but not limited to, when complaints have
been made.
Page 4 of 6
D. All short-term rentals are required to include the town -issued registration certificate
number on their listings.
E. Contact information for the owner of a short-term rental shall be provided to the town
with a current address and phone number, as well as an attestation that all persons' and
entities with an ownership interest in the unit have been notified that a certificate of
registration has been applied for. If the owner is a corporation (includes LLCs), the
name, address, and phone number of the president and legal representative of the
corporation shall be provided. If the owner is a realty trust or partnership, the name,
address, and phone numbers of the managing trustee or partner shall be provided.
F. The name and contact information of the operator, and the operator's agent if different
from the operator, must be provided to ensure that the person can respond to any
emergencies that arise during occupancy within 2 hours of contact by the Town's Health
Division or Police or Fire Department to complaints regarding the condition or operation
of the property. Contact information must include a phone number that is available
24/7 to occupants and the above -stated public safety agencies and the information shall
be posted conspicuously in the unit.
G. Operators will be responsible for trash removal after conclusion of an occupancy or
once per week, whichever is more frequent.
H. The maximum number of occupants in a short-term rental shall be 2 per bedroom, plus
2 additional occupants.
I. Parking on-site shall be provided and must not impede traffic or traffic safety.
J. Rental Certificates may be suspended or revoked for violations of the bylaw, State
Sanitary Code, or any other applicable General Law, regulation, or bylaw intended to
protect public health, safety, and/or the environment. Additional conditions may be
imposed on the Rental Certificate in lieu of suspension or revocation.
§ 180-4 [Reserved].
§ 180-5 Violations; Enforcement.
A. Violators will be subject to fines of $200 per day, with each day of the violation
constituting a separate offense. Any short-term rental found to be operating without a
rental certificate will be subject to these fines. Violations of this regulation will be
subject to the Regulation of the Town of Brewster regarding non -criminal disposition,
according to Massachusetts General Laws, Chapter 40, Section 21D, and the town of
Brewster's bylaw concerning non -criminal disposition, where applicable.
Page 5 of 6
B. The enforcing and regulatory authority for the registration program is to be the
Brewster Health Department.
§ 180-6 Effective Date.
A. This bylaw shall take effect on January 1, 2025.
Page 6 of 6
Citizens Petition: Short -Term Rental Restrictions
General Bvlaw
General Bylaw: To see if the Town will vote to limit the number of short-term rentals that a
property owner can operate within the town of Brewster to one per property owner unless the
property owner is a full-time resident of the town of Brewster, in which event they may then
operate two properties as short-term rentals, and to amend Section 180-4 of the Town's
General Bylaws accordingly by deleting the strikethrough language, and inserting the bold and
underlined language, or take any other action relative thereto.
CHAPTER 180 SHORT-TERM RENTAL REGISTRATION
§ 180-4 YWseFved} Limitations; Maximum Number of Short -Term Rentals.
A. A property owner can operate within the town of Brewster one Short -Term atntqLgff
prop !rty owner unless the property owner is a full-time resident of the town of
Brewster, in which event they may then operate two properties as short-term rentals.
B. In the event that an owner has properties unfit for winter habitation in excess of the
short-term rental limits 1 per non-resident 2 aer Brewster resident an exception
ma be granted by the enforcing authority Brewster Health Department) so that
those properties ma be re istered as short-term rentals in excess of the limit.
All prop !rties unfit for winter habitation will still need to be re istered as short-term
rentals.
An owner may only exceed the limit if all their short-term rental ro erties are
ro erties that are unfit for winter habitation. If an owner has a short-term rental that
is fit for winter habitation theF will not be eligible for an exce tion to the limit even
if their other properties are unfit for winter habitation.
C. Short-term rentals are prohibited in dwelling units owned b a cor oration. Short-
term rentals are permitted in dwellina units owned by an LLC Trust or S -Corp only
when every shareholder, artner or member of the le al entit is a naturalerson as
established bv documentation provide I by t ie applicant at time of re istration.
If any shareholder artner, or member of the legal entity already has re istered short-
term rentals under their own name those will count toward the limit for the legal
entity they are trying to re ister with.
DATE: March 18, 2024
Town of Brewster
2198 MAIN STREET
BREWSTER, MASSACHUSETTS 02631-1898
PHONE: 508.896.3701 EXT. 1120
FAX: 508.896.4538
brhealth[a brewster-maw ov
W W W.BREWSTER-MA.GOV
TO: Peter Lombardi, Town Manager
Select Board
Finance Committee
Board of Health
FROM: Amy von Hone, Health Director
Health Department
Amy L. von Hone, R.S., C.H.O.
Director
RE: Health Department Comments - Citizens Petitions Short Term Rentals
(May 11, 2024 Town Meeting)
Sherrie McCullough, R. S.
Assistant Director
Tammi Mason
Senior Department Assistant
The following updated summary provides the potential impacts and cost estimates to the Brewster Health
Department in the event of passage of the proposed Citizens Petition Articles (Article to Create Registration
System for Short -Term Rentals in Brewster and Article to Restrict Short -Term Rentals in Brewster) scheduled for
the May 11, 2024 Town Meeting. Updates included in this memo compared to the prior October 25, 2023
memo include projected increases in salaries/benefits expenses and clarification of concerns with the revised
Citizens Petitions.
Health Department staff have reviewed the proposed Citizens Petitions and have the following comments and
concerns with the articles as currently proposed. These comments are specifically related to the potential
impacts on the operational capacity and enforcement obligations of the Health Department only.
- The proposed articles require additional clarification regarding designation of authority (Brewster Board
of Health or designee) for administration or enforcement of the STR registration and restriction
program. Most local regulations, as promulgated, are enforceable by the Board of Health or their
designee i.e. Health inspector or other enforcement entity.
- The proposed articles do not provide appropriate details regarding the development and
implementation of the registration process or the restriction process i.e. violation structure including
fines, property use currently defined and implemented under Zoning Bylaws, local BOH regulation vs.
general bylaw provides greater flexibility with implementation, enforcement, and modifications in
efficient time period.
- The proposed timeframe for STR registration (Bylaw implementation January 1, 2025) is unrealistic
regarding registration program development and implementation, and certificate issuance to meet
mandatory publication of certificate numbers on advertisements and real estate listings based on
current timelines for Cape Cod short term rental seasons. More importantly, mandatory inspections for
1st time registrations prior to issuance of certificates (1,100+ rentals to be inspected prior to March 1,
2025) and review of property files to correlate occupancy load based on Housing Code and Title 5 Code
is not achievable.
The proposed timeframe for STR registration (Bylaw implementation January 1, 2025) is unrealistic
regarding budgetary requirements for additional staff/equipment needed to create and implement
program.
N:\Health\Rental Property Information\Citizen Request for STR Bylaw\Health Department Summary Cost Estimates STR Citizens Petition
03.18.24.doc
The proposed timeframe for rental registration (prior to February 28th each year) is excessively
restrictive for properties seeking a permit after the February 28th deadline within the same calendar
year, which will potentially overburden Health Department staff with mandatory enforcement of
noncompliant rental properties.
The proposed registration system implementation appropriately requires all STRs to be compliant with
local/state ordinances, Zoning Bylaws and the State Sanitary Code. Determination of compliance of all
applicable Health related regulations would require an inspection of each unit by Health Department
staff to specifically determine maximum occupancy under both Title 5 and the Sanitary Code
Regulations, and full compliance with health and safety minimum standards set forth in the MA
Sanitary Code.
The proposed articles are unclear regarding the rationale for specifying the maximum number of
occupants as two/bedroom plus two additional occupants. This restriction currently conflicts with the
interpretation of Title 5 and the Sanitary Code Regulations.
The petitioner has estimated that Brewster has approximately 1,100+ STRs registered through the MA
Department of Revenue. Understanding the necessity for compliance inspections of each unit, the
development of a registration program including enforcement of noncompliant units, in addition to
investigations of anticipated complaints generated by the institution of this new program, the Health
Department is not adequately staffed to handle the anticipated increase in workload for the creation
and implementation of the proposed Short Term Rental Registration and Restriction Regulations.
Proposed Cost Estimates for Additional Health Department Staff:
o One Full -Time Health Inspector: $ 84,623/year (includes benefits)
o One Full -Time Department Assistant: $ 76,560/year (includes benefits)
o Supplemental Office Equipment: $ 8,100 (11t year only)
o One Vehicle (Energy compliant): $ 60,000(11 year only)
$ 224,819
• 3rd Party Registration Company $ 50,000/year
$ 279,283 (11t year only)
$ 211,183 +/- subsequent years
The Health Department office is currently constrained in terms of office space and file storage with
existing staff and available space. The addition of two employees to support the new program would
exacerbate an already difficult situation that would be nearly impossible to overcome with the current
conditions.
The majority of rental property related complaints received by the Health Department between 2021-
2024 YTD (prior to 2021, rental complaint statistics are aggregated with all complaint types) are related
to year-round rental properties with Sanitary Code health and safety violations. Our office has
received only one generalized complaint regarding short-term rentals related to the unlawful
advertisement of STRs and the occupancy/bedroom count in a specific condo complex.
Complaints and Follow-up Inspections:
2024 YTD
2023
2022
2021
2020
Year -Round Rentals
17
58
36
17
not available
Short Term Rentals
0
1
0
0
1
I would be happy to provide you with additional information or answer any questions about the above matters,
as needed.
N:\Health\Rental Property Information\Citizen Request for STR Bylaw\Health Department Summary Cost Estimates STR Citizens Petition
03.18.24.doc
Inspection Form
Agency Name, Address, Phone
i G5 Code of Massachusetts Regulations (CMR) 410.000: Minimum Standards of Fitness for Human Habitation, State
Sanitary Code, Chapter li
Address Unit # City/Town
Date: Time: Total # Unit Occupants: Total Unit Occupants <6 Yrs. Old:
Occupant Name: Occupant Phone #:
Owner Name: Owner Phone #:
Owner Address: City/Town: Zip Code:
# Dwelling/ Rooming Units in Dwelling: #Stories: Floor Level of Unit:
# Sleeping Rooms: # Habitable Rooms:
Homeless Shelter? Yes No
ct r Title
Inspe o
If violations are observed and checked,
describe them fully on Page 3.
Type of Violation
Possible Code
Violation Observed
Responsible
Use blank boxes for
Section(s)
Party
Owner ccu ant
violations not listed
Locks
270
410.240240
Exterior,
Yard &
Posting, ID, Exit
310, 400, 410
Porch
signs/emergency lights
Handrails, steps, doors
500,510,520 ,
windows, roof
500,530
Rubbish—storage and
560
collection
Maintenance of Area
570
Illumination, windows
220, 300, 530,
Common
Areas &
Egress
260
Entry
Handrails
Floors, walls ceilings
520
500
Interior
Halls &
Hallways, railings, stairs
520
Stairs
Light, windows
220, 300, 530,
540
Location (circle): Front
Rear Middle
Left Middle Right Floor
Level of Unit
Bedroom 1
Ventilation
220
Ceiling height/Minimum
420
Square Footage
Windows, screen
530,540
Lights/Outlets
140,300
Location (circle): Front
Rear Middle
Left Middle Right Floor
Level of Unit
Bedroom 2
Ventilation
1220
Page 1 of
Revised May 2023
—
Revised May 2023 Page 2 of _
Type of Violation
Use blank boxes for
violations not listed
Possible Code
Section(s)
Violation Observed
Responsible
Party
Owner
ccupant
410.240
Ceiling height/Minimum
Square Footage
420
Windows, screen
530,540
Lights/Outlets
140,300
Bathroom
Toilet, sink, shower, tub,
door
110,120,140
Smooth, impervious
surfaces
110
Lights, outlets,
ventilation
140, 220, 300
Floors/walls
110
Kitchen
Sink, stove, oven; good
repair, cabinets, shelving,
countertops impervious
and smooth, space for a
refrigerator
100
Lights, outlets,
ventilation, windows,
screens
220, 430, 530,
540
Ceiling height
420
Floor
1.00
Living room
and Dining
Lights, outlets,
ventilation
220, 235, 300,
Room
Ceiling height
420
Windows/screens
530,540
Basement
Maintenance
500
Watertight
500
Illumination
300
Water
Source (circle): Public Private
Not Potable
130
Quantity, pressure
130
Responsible for paying
MGL ch 186 s 22,
metering
130
Hot Water
Fuel Type (circle): Natural Gas Oil Electric Other Temp.: Of Location taken:
Quantity and/or pressure
insufficient or
temperature above or
150
Revised May 2023 Page 2 of _
V
Type of Violation Possible Code Violation Observed
Use blank boxes for Section(s)
violations not listed j
below required temps
sinks -110 F min, 130 F max
Bath/shower 110 F min —120 F
max
Venting of water heater
Heating Type (circle): Forced Hot Water Forced Hot Air Steam Electric Other:
Temp.: Of Location taken:
Impermissible portable 160
units or space heaters
(e.g. fuel supply located
less than 42 inches from
burner, unvented gas
burning units)
Minimum temperatures 180
not maintained in every
Habitable room and
every bathroom during
heating season (5/31-
9/15)
7 om to 11 pm: 68 F
Note: measure 5 feet from
wall, 5 feet from floor
Venting, metering 170, 200, 210
Electrical Type (circle): 110 220 Amp:
Metering and access 200
Insufficient amperage, 320
temporary wiring,
Drainage, Type (circle): Public Private
Plumbing Insufficient or 130, 235, 300
unmaintained Sanitary
drainage system
Smoke & Not in required locations 330
CO or operational
Detectors
Pests Pests (rodent�insects)
550,570
cockroaches,
Structuralmaintenance 500,540
and elimination of
harborage
Asbestos Damaged, friable, holes, 250
1 cracks, tears
Revised May 2023
i Responsible
owner Occupant
1 410.240
Page 3 of —
Revised May 2023 Page 4 of _
Type of Violation
Possible Code
Violation Observed
Responsible
Use blank boxes for
Section(s)
Party
_
Owner
ccupant
violations not listed
410.240
Lead Paint
Licensed Code
410.470
Enforcement Lead
105 CMR
Determinators offer
460.00
determination for pre278
unit with a child < 6
Curtailment
Curtailment without
003
reasonable notice or
temporary emergency
Access
Less than 48 hours'
003
notice to the occupant
for non-emergency
repairs
Laundering
Laundering between
230
individuals (Bed
linens/towels/blankets)
Laundering frequency
(Bed
linens/towels/blankets/pi
Ilow & mattress covers)
Mattress not cleaned or
replaced when not in
good condition.
Other
Revised May 2023 Page 4 of _
Reinspection Form
Agency Name, Address, Phone
105 Code of Massachusetts Regulations (CMR) 410.000: Minimum Standards of Fitness for Human Habitation, State
Sanitary Code, Chapter 11
Address Unit # City/Town
Referral: ❑ Electric ❑ Fire ❑ Plumbing ❑ Building ❑ Other
This inspection report is signed and certified under the pains and penalties of perjury.
Inspector Signature
Occupant or Occupant's Representative Signature
Reinspection Date Time
Written description of any violation(s) checked above
Include Area or Element, code citation and a description of the condition(s) that constitute the violation.
Area/Element, Code Citation and Description of Violation Condition Deemed Timeframe Reinspection
to Endanger or to Comply Date
Materially Impair
Health or Safety?
Yes/No
(105 CMR 410.630
Revised May 2023 Page 5 of
STR Data Per Towns on Cape
and the Islands (Gosnold not
included in data due to lack of
data)
C�i1 �y � �aI7 �lQtrO
Residential Units in
Percent of Residential
Town
# of STRs
Town (as of FY 2024)
Units that Are STRs
Registry (Yes or No)
Fee
Other Restrictions
Cost of Registry
Notes
Dan Riviello (the assistant Town Manager), says that the
town contracts with Granicus for $50,000/year. Riviello
indicated that he does not have hard data on the exact
personnel costs, although Aaron Hobart indicated that his
position did require additional hours given the increased
enforcement efforts. Hobart indicated that inspections are
typically conducted on a complaint basis. In a memo from
Town Manager Alex Morse, Morse said "the changes in
Yes - only two STRs
short-term rental regulations and the implementation of
allowed per
Granicus compliance monitoring software have led to
$750 for annual STR
operator; no
improved monitoring, increased compliance, and better
Provincetown has taken the most pro -active
Yes; STR and LTR, with
certificate; $300 for
corporate operation
regulation of rental properties within the town."
action regarding STRs. The registration
different fee
LTR certificate that is
of STRs; fractional
Provincetown's new restrictions are likely to be approved
system in Provincetown has been in effect
Provincetown
1,530
4,008
38%
schedules
valid for 3 years
ownership ban
and implmented by the end of January 2024.
since the early 2000s ????
Truro
895
2,900
31%
Yes
Requiring LTRs to pay registration fees is
$300 for 3 year
counterproductive, as it further discourages
Wellfleet
1,114
3,727
1 30%
Yes; STR and LTR
certificate
owners from LTR operations
Hillary Greenberg-Lemos, the Director of Health and
Environment in Eastham, says that the town operates their
system fully in-house and uses Excel to track the data,
which keeps the town from incurring additional costs from
contracting out. She added that the system has been in
place for several years and the town hired one part-time
inspector when the program went into effect and that the
only costs for the program are the staff time for following
up on enforcement issues and permits. In 2023, Greenberg
Lemos said that 979 rental certificates were issued, but
there are 1,363 short-term rentals on the Public Registry of
Lodging Operators database; the reason for the
discrpenancy is not immediately clear, although it could be
that some people register with the state and do not realize
Requiring LTRs to pay registration fees is
they need to register with the town (this is a theory, not a
counterproductive, as it further discourages
Eastham
1,363
5,730
24%
Yes; STR and LTR
$75
No
fact).
owners from LTR operations
Requiring LTRs to pay registration fees is
counterproductive, as it further discourages
Orleans
836
4,880
17%
Yes; STR and LTR
owners from LTR operations
Brewster
1,123
7,346
15%
No
n/a
No
n/a
Chatham
1,471
6,810
22%
Yes; STR only
$50
Harwich
1,062
9,869
11%
Yes; STR only
$50
Dennis
2,158
14,502
15%
No
n/a
No
n/a
Yarmouth
1,318
15,440
9%
Yes
Barnstable
Sandwich
Mashpee
Bourne
Falmouth
Oak Bluffs
Tisbury
West Tisbury
Edga rtown
Chilmark
Aquinnah
Nantucket
TOTAL FOR BARNSTABLE
TOTAL FOR DUKES (not
including Gosnold)
TOTAL FOR ALL 3 COUNTIES
1,562
617
676
426
1,420
932
681
334
1,376
421
141
3,235
17,571
3,885
24,691
$90 for first unit; $25
for additional units on
23,839 7% Yes; STR and LTR same parcel
9,280 7% No n/a No
$75 for registration
and $25 for
10,218 7% Yes inspection No
20,800
3,924
2,570
1,874
4,484
1,336
436
9,416
148,739
14,624
172,779
5 %Yes, but not required Inofee
7%1 No n/a
24%
No
n/a
26%
Yes
Yearly registration and inspection fees are
under the same system as all other town permits
Proposed Zoning
(Permiteyes) and there is no additional departmental cost;
registration fee is charged prior to the
Bylaw for Spring 2024
inspection fee. The registry has been in effect
18%
Town Meeting
31%
No
n/a
32%
No
n/a
32%
No
n/a
34%
N o
n/a
12%
11
from the tax levied on STRs by the state
27%
1
12 12 towns out of
14%122;
55%)
No
No
$115
Barnstable's Registry has been in effect since
n/a
n/a
n/a
Residential Units in Percent of Residential
Other Towns To Highlight # of STRs Town (as of FY 2024) Units that Are STRs Registry (Yes or No) Fee Other Restrictions Cost of Registry Notes
Owners are limited
to operating one Cost of GovOS is about $20,000/year; no additional staff
Great Barrington 338 2,735 12% Yes $200 STR in town hired initially Went into effect in Spring of 2023
2006.
n/a
According to Zackary Seabury, the STR permit operate
Yearly registration and inspection fees are
under the same system as all other town permits
charged; not a flat $100 because the
(Permiteyes) and there is no additional departmental cost;
registration fee is charged prior to the
it is a regular municipal process. Compliance software to
inspection fee. The registry has been in effect
search for unregistered units is $11,000/year.
since 2020 and one new position was hired.
Bourne has a voluntary registration program
for rentals; Bourne also has the lowest
percentage of residential units that are used
for STRs, at 5%, of any Cape Cod town.
n/a
Debra Alley, Executive Assistant of the Select
Board, said the town only collects the money
from the tax levied on STRs by the state
n/a
through the DOR
n/a
n/a
n/a
Residential Units in Percent of Residential
Other Towns To Highlight # of STRs Town (as of FY 2024) Units that Are STRs Registry (Yes or No) Fee Other Restrictions Cost of Registry Notes
Owners are limited
to operating one Cost of GovOS is about $20,000/year; no additional staff
Great Barrington 338 2,735 12% Yes $200 STR in town hired initially Went into effect in Spring of 2023
Town of Brewster
2198 MAIN STREET
BREWSTER, MASSACHUSETTS 02631-1898
PHONE: 508.896.3701 EXT. 1120
FAX: 508.896.4538
brhealthCbrewster-ma
W W W.BREW STER-MA.GOV
Brewster Local Regulations/Policy Review
March 20, 2024 BOH Meeting
Health Department
Amy L. von Hone, R.S., C.H.O.
Director
Sherrie McCullough, R.S.
Assistant Director
Tammi Mason
Senior Department Assistant
The Board of Health recently reviewed a potential septic system 300' variance to a pond project
instigated by a Building Permit application for an addition and subsequent Title 5 Inspection Report
related to the Building Permit application. Review of this project highlighted multiple discrepancies
between several of our local BOH Regulations and Policies and the Title 5 Regulations. As a result,
the BOH has requested a review of the following Regulations and Policies for the purposes of
updating and aligning same. The following comments are highlights of possible edits to initiate a
discussion but are in no way a comprehensive review of each document. Additionally, the discussion
should keep in mind the ongoing wastewater planning and potential implications to ensure any
proposed updates also align with wastewater mitigation strategies.
Leaching Facility Setback Regulation:
1. Sect. 4 Ponds and Lakes — upgradient/downgradient positioning of properties in relation to
the waterbody is not defined or referenced in the regulation.
2. Sect. 5 Substandard Existing Systems — name change of Real Estate Transfer Regulation,
requires relocation of substandard system but does not include a variance option in the
regulation.
Real Estate Transfer Regulation:
1. Name change of regulation — inspections also required for increase in flow, change of use,
expansion of use requiring building permit.
2. Sect. 1.3 Failed System — 4' separation to groundwater required, update to include 5'
separation, minimum separation requirement should take BOH approved variances into
consideration.
- Doesn't reference Leach Facility Setback Regulation 300' setback to ponds/lakes.
3. Section 1.5 Open Inspection — required by regulation but doesn't consider alternative
methods used i.e. cameras.
- Require approval (BOH or Health Director) if all components are not accessible for
inspection?
4. Sect. 5.1—Add system inspector.
Sect. 5.2 — Establishing groundwater levels — doesn't consider properties within 300' of tidal
water body and Frimpter Method exceptions. Establish groundwater flow?
Sect. 5.6 — Need to update component cover depth requirements to 1995 code.
N:\Health\BOH Meeting Notes\BOH Hearing Notes\BOH Hearing Notes Regulation Policy Review 03.20.24.docx
Sect. 5.8 — 300' setback to pond requirement — upgradient vs. downgradient not considered,
formal variance process required? Need to align with In -House Variance Policy.
5. No formal variance process in regulation.
6. Size of septic system not required to meet existing flow requirements (i.e. existing 4
bedrooms in house but system was installed for 3 bedrooms). Currently not a Title 5 failure
criteria.
7. Specify pumping and water records required.
8. Clarify "family members" definition. Current office policy requires name of family member to
be on the deed to meet the Title 5 exemption.
9. Addendum to Title 5 Report: not formally adopted or established in local RE Transfer
Regulation
- Needs updating to current Title 5 code requirements.
- Specify groundwater determination standards.
- Specify/define Floor Plan requirement and update.
- Further Evaluation Criteria to be updated — H10 vs H2O loading under driveway not a
failure criteria in Title 5, 1978 and 1995 Code have different requirements.
- Provide other restrictive zones i.e. DCPC, impaired watershed.
- Wetlands/surface water distance to freshwater ponds to be included.
- Groundwater flow direction not established in RE Transfer Regulation.
In -House Variance Policy:
1. Change/update name Real Estate Transfer Regulation.
2. Downgradient not defined in local regulations.
3. 70' or more not defined in local regulations.
N:\Health\BOH Meeting Notes\BOH Hearing Notes\BOH Hearing Notes Regulation Policy Review 03.20.24.docx
"11���titi irttsniii��//�//
\k aI
Town of Brewster
Health Department O
W
o a. a BREWSTER BICENTENNIAL
0_� 2198 Main Street t..�
s
r _ — Brewster, Massachusetts 02631-1898 Q
(508) 896-3701 Ext. 120
FAX (508) 896-8089
LEACHING FACILITY SET BACK
1. Authority. In accordance with Massachusetts General Laws, Chapter 111, Section 31 and 127A, the Brewster
Board of Health hereby adopts the following regulation to supplement the provisions of the State Environmental Code,
Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On -Site Sewage
Treatment and Disposal Systems and for the Transport and Disposal of Septage (hereinafter, "Title 5"). These
regulations shall take effect on September 1, 2006.
2. Purpose. The purpose of this regulation is to provide a greater degree of protection to environmental and public
health, to protect water quality, and implement the recommendations of the Federal Clean Lakes Program deemed
necessary to eliminate the affects of septic system phosphorus on water bodies in Brewster.
3. Surface Waters. Except as provided in Section 4 set forth below, all new and replacement leaching facilities of
sewage disposal systems in Brewster shall be located and installed more than 100 feet from any Surface Water, as that
term is defined in 310 CMR 15.002, including without limitation, rivers, streams, springs, reservoirs, impoundments,
estuaries, wetlands, coastal waters and certified vernal pools.
4. Ponds and Lakes. All new and replacement leaching facilities of sewage disposal systems in Brewster shall l;i
located or installed more than 300 feet from all Ponds and Lakes, as those terms are defined by the Town of Brewster
Wetland Protection Bylaws and Regulations.
5. Substandard Existing Systems. All leaching facilities of existing sewage disposal systems within 100 feet of
any Surface Water or 300 feet of a Pond or Lake shall be considered substandard at the time of Real Estate Transfer and
upgrades in accordance with the Real Estate Transfer Regulation shall be required. If the setbacks required by this
regulation cannot be attained due to lot configuration or other factors, the leaching component shall be located at a
maximum feasible distance from the Surface Water, Pond or Lake, as determined by the Board of Health.
6. New Subdivisions. New subdivisions shall be designed to accommodate the setback distances required under
this regulation and no new lots shall be created unless and until it is demonstrated to the satisfaction of the Board of
Health that development on each lot can accommodate the required setback distances. The "maximum feasible distance"
provisions of Section 5 do not apply to new subdivisions.
Adopted: December 18, 1970
Amended: July 21, 1986
Adopted: May 23, 2006
Effective: September 1, 2006
Ed Wanamaker, Chairman
Raquel Ellis, Vice Chairman
Joanne Hughes
James Reynolds
Dan Brightman
0 ewer TOWN OF BREWSTER OFFICE OF
04 . VII. �3 2198 MAIN STRE ET HEALTH DEPARTMENT
BRI WSTER, MA 02631
,. PHONE: (508) 896-3701 ExT 1120
FAx: (508) 896-4538
BRHEALTHQBREWSTER-MA. GOV
REAL ESTATE TRANSFER REGULATION
The Brewster Board of Health voted to adopt the following Regulation
at its meeting held on May 19, 1987, and amended on November 1, 1988,
under the authority of Chapter 111, Section 31 of the General Laws of
Massachusetts, to better protect the Public Health of the inhabitants
of the Town of Brewster, Barnstable County, Massachusetts. The
effective date of this Regulation will be January 1, 1988. All deeds
recorded on or after January 1, 1988 will be subject to this
regulation.
RRMITATTON
Prior to selling, conveying or transferring the title to real property
situated in the Town of Brewster and containing an existing
Residential, Commercial or Industrial sewage disposal system, the
Owner thereof shall have an open Inspection of said system(s). The
inspection shall be performed by a Massachusetts Registered
Professional Engineer, Massachusetts Registered Sanitarian or DEP
approved System Inspector person who:
(a.) in the opinion of the approving authority is
qualified to perform such inspections;
(b.) has one year documented experience in satisfactorily
performing such inspections; and
(c.) has used or gained skills that demonstrate sufficient
competence to perform such inspections.
If it is determined by the Board of Health that the system constitutes
a danger to the Public Health, -the Board shall order the owner to make
repairs or replace the system.
PURPOSE
To determine and to protect the Public Health from potential and
present sources of pollution to ground water or.salt water from
existing sewage disposal systems, the Board of Health requires that
the Owner(s) of a developed property in Brewster obtain an open
Inspection of the existing septic system prior to the time of the
transfer of that property.
SECTION I - DEFINITIONS
Preamble - All other definitions not in this Regulation will be
defined by Title 5, 310 CMR 15.01.
1.1 COMPONENT: Any septic tanks, distribution boxes and leaching
facilities.
W W W.BREWSTER-MA.GOV
RETR Page 2
1.2 DEVELOPED PROPERTY: A parcel of land with a man-made structure
erected upon it which has affixed to it an in -ground sewage system(s).
1.3 FAILED SYSTEM: A failed system is defined as one in which there is
evidence of sewage flow to the surface; evidence of overload of the
system; the system is in such a state of disrepair that it cannot
function as originally intended; lack of a four (4) foot protective
zone between the bottom of the system and ground water; or any other
problem as defined by the Board of Health or its Director.
1.4 MARGINAL SYSTEM: A marginal system is defined as having one or
several 61-the—following problems: The system could not be judged
because of an extended period of non-use; there are problems with the
individual components of the system or with the system location;
records show excessive pumping three or more times within any eighteen
(18) month period for residential or commercial property, except for
required grease trap maintenance for commercial property; presence of
visible ferric sulfide stains; the system is inadequate for intended
use; system is located within 100 feet of a domestic water supply
well, wetland or watercourse or any other problem defined by the Board
of Health or its Director.
1.5 OPEN INSPECTION: All components of the septic system(s) attached
to the existing structure(s) will be uncovered and a visual inspection
conducted.
1.6 SUBSTANDARD SYSTEM: A system which does not conform to 310 CMR
15.00, the—SO—tate Environmental Code, Title 5, Minimum Requirements for
the Subsurface Disposal of Sewage and the Brewster Board of Health
Regulations.
1.7 TRANSFER OF PROPERTY: An act by which the title of a property is
conveyed from one person to another except as noted in Section 4.1.
SECTION II - STANDARDS
2.1 For the purpose of this Regulation, reference is made to the
standards and provisions of Title 5 of the State Sanitary Code, and to
the existing regulations of the Brewster Board of Health Regulations
for Subsurface Sewage Disposal.
SECTION III - ENFORCEMENT AUTHORITY
3.1 The Board of Health Director is authorized to issue Notices of
Violation, Cease and Desist Orders, or other Administrative
enforcement orders to compel compliance with the terms of these
RETR Page 3
Regulations for Subsurface Sewage Disposal.
3.2 In addition to any other remedy, the Board of Health and/or its
Director may take any enforcement action deemed appropriate, including
but not limited to Criminal Prosecution, to seek a fine in accordance
with Chapter 111, Section 31, or Civil Action in the Courts of the
Commonwealth for injunctive relief or money damages or both, or Civil
and Criminal enforcement.
SECTION IV - EXCEPTIONS
4.1 This Regulation shall not apply to a sale under power
of sale contained in a bona fide mortgage affecting the property.
4.2 This Regulation shall not apply to a sale of property having a
sewage system that has been installed, repaired or replaced and which
has received a satisfactory inspection report from the Health Director
within twenty-four (24) months of the closing, provided additional
living space has not been added and/or there has been no change in
intended use. The date of issuance of the Certificate of Compliance
will begin the twenty-four (24) months time period. A copy of the
Disposal Works Construction Permit and/or other evidence, approved by
the Board of Health or its Director, must be submitted in lieu of the
Certificate of Inspection thirty (30) days prior to each Real Estate
Transfer.
4.3 In the case of a Title 5 system, the Board of Health may waive the
requirements for an inspection in appropriate cases. All requests for
waivers shall be in writing.
4.4 Real Estate Transfers otherwise subject to this Regulation which
take place within two (2) years of an inspection under this Regulation
and found to be in good working order, may be exempt from this
Regulation upon review and approval by the Board of Health or its
Director. A copy of the original Certificate of Inspection Form must
be submitted to the Board of Health or its Director for review thirty
(30) days prior to Real Estate Transfer.
4.5 Sellers and buyers who transfer an existing structure with the
intent to demolish and replace the existing system with a Title 5
system may apply to the board of Health or its Director for exemption
from this Regulation. The seller and the buyer must comply together
in writing showing that both parties have agreed to
the arrangements and accept joint responsibility for seeing that the
new system is installed. An Engineer hired by the party(s) must
RETR Page 4
provide in writing
that he/she has been contracted to do the plan and that a preliminary
survey of the lot in question shows that a septic system in compliance
with Title 5 and Town of Brewster Regulations can be installed on the
lot. A proposed time frame for the demolition and installation must
be submitted at the time of application.
SECTION V - INSTRUCTIONS
5.1 The Inspection by the Engineer ar Sanitarian should take place not
more than 180 days nor less than thirty (30) days prior to the
transfer of property. The Board of Health must receive the Inspection
Form and Certificate of Compliance within seven (7) days of the
Inspection. In addition, the Engineer or Sanitarian should give
copies to the Owner and to any Buyer or Broker identified with the
transfer. In the event there is no buyer at the time of Inspection,
copies must be given by the Owner to the Buyer preferably before the
property is put under agreement.
5.2 Establishing ground water levels: Unless exempted from this
requirement by the Board of Health or its Director, septic systems or
components of systems that are located below elevations of fifteen
(15) feet (using USGS mean sea level datum) and/or within 100 feet of
a wetland are required to have a test boring or deep observation hole
dug in order to establish the ground water level. When depth to
ground water has been measured it should be adjusted to reflect the
adjusted depth using the procedures outlined in Estimating ffi hest
Groundwater Levels for Construction and Land Use Planning - A Cape
Cod, Massachusetts Example, Michael H. Frimpter and Martha N. Fisher.
USGS Water Resources Investigations 83-412.
5.3 If the Inspection finds evidence of a failed system, such as
sewage on the surface or sewage draining into any waterways or
wetlands, the Board of Health or its Director shall determine within
fourteen (14) days after receiving the Inspection Form whether or not
the system constitutes a danger to the Public Health and whether and
to what extent the system should be repaired or replaced. The Board
of Health or the Health Director shall notify the owner by Certified
Mail within seven (7) days of its determination, accompanied by any
order requiring the system to be repaired or replaced.
5.4 If the Inspection finds evidence of sewage on the surface or
draining into any waterways or wetlands, the Board of Health or its
Director is to be notified by the Engineer or Sanitarian within
RETR Page 5
twenty-four (24) hours.
5.5 If the Inspection finds the system to be "Marginal", the Board of
Health or its Director shall decide within fourteen (14) days after
receiving the Inspection Form whether or not the system constitutes a
danger to the Public Health and whether and to what extent the system
should be repaired, replaced, or be subject to further inspection as
the Board or its Director deems appropriate under the circumstances.
The Board of Health or the Health Director shall notify the Owner by
Certified Mail within seven (7) days of its determination, accompanied
by any order requiring the system to be repaired, replaced or subject
to further inspection.
5.6 If the Inspection reveals that the covers to the septic tank or
cesspool are more than twelve (12) inches below the finished grade,
the covers shall be brought up to within twelve (12) inches of the
finished grade.
5.7 If the Inspection reveals that the sewage disposal system consists
of a single cesspool, or cesspools, then the system shall be deemed
substandard and must be upgraded to comply with 310 CMR 15.00, the
State Environmental Code, Title 5, Minimum Requirements for the
Subsurface Disposal of Sewage.
5.8 If the inspection reveals that the sewage disposal system leaching
facility or facilities are located within 300 feet of a pond or lake,
then the leaching facility or facilities shall be deemed substandard
and must be upgraded to comply with 310 CMR 15.000, the State
Environmental Code, Title 5 and Brewster Board of Health Regulations.
If the setbacks required by this regulation cannot be attained due to
lot configuration or other factors, the leaching component shall be
located at a maximum feasible distance from the pond or lake as
determined by the Board of Health or its director.
5.9 The allowable time for the repair, replacement or further
inspection will be determined by the Board of Health or its Director,
and will be contained in the order to the Owner.
5.10 If any repair or replacement is required,_the Health Director
shall inspect the work and make a written report thereof, stating
that the work is satisfactory or unsatisfactory, and whether and to
what extent further work or inspections are required.
5.11 Copies of the Inspection, Determination, Order and Report shall
RETR Page 6
Be filed with the Board of Health and shall be available for public
inspection and copying.
Adopted:
May 19, 1987
Amended:
Effective:
January 1, 1988
Effective:
Amended:
November 1, 1988
Amended:
Amended:
February 7, 1989
Effective:
Amended:
January 19, 1993
Amended:
Effective:
March 1,.1993
Effective:
Amended: November 1, 2017(email
& website changes)
Effective:
November 1, 2017
-- ',
Brewster
Board of4Heth
Carme Sc
erzo, , Chairman
Jo :For
Ma a
Annet
Pet
Anne - t
Colette Williams, Town Clerk
March 2, 1993
March 12, 1993
August 1, 1995
August 11, 1995
May 23, 2006
September 1,2006
ski, MT (ASCP
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
15.300: continued
(5) Facilities with an increase in the nitrogen loading rate in accordance with 310 CMR
15.262(6) and (7) shall be inspected annually. The inspection shall document at a minimum:
whether the system has been continually operated as approved; if the system consists of a
greywater filter, whether it is operating properly; and whether compost and blackwater are
disposed of off-site in accordance with all applicable laws and regulations. The results of each
annual inspection shall be submitted to the Department and the Local Approving Authority by
January 315` of the following year.
15.301: System Inspection
(1) Inspection at Time of Transfer. Except as provided in 310 CMR 15.301(2), 15.301(3), and
15.3 01(4), a system shall be inspected at or within two years prior to the time of transfer of title
to the facility served by the system. An inspection conducted up to three years before the time
of transfer may be used if the inspection report is accompanied by system pumping records
demonstrating that the system has been pumped at least once a year during that time. If weather
conditions preclude inspection at the time of transfer, the inspection may be completed as soon
as weather permits, but in no event later than six months after the transfer, provided that the
seller notifies the buyer in writing of the requirements of 310 CMR 15.300 through 15.305. A
copy of the complete inspection report shall be submitted to the buyer or other person acquiring
title to the facility served by the system.
(2) The following transactions shall not be considered transfers of title for the purposes of
310 CMR 15.301(1):
(a) taking a security interest in a property, including but not limited to issuance of a
mortgage;
(b) refinancing a mortgage or similar instrument, whether or not the identity of the lender
remains the same;
(c) a change in the form of ownership among the same owners, such as placing the facility
within a family trust of which the owners are the beneficiaries, or changing the proportionate
interests among a group of owners or beneficiaries;
(d) adding or deleting a spouse as an owner or beneficiary; or a transfer between spouses
during life, out right or in trust; or the death of a spouse;
(e) the appointment of or a change in a guardian, conservator, or trustee.
(3) Applicability to Specific Transfers of Title.
(a) Units in a Condominium or Cooperative Co oration. The cooperative corporation or
condominium association shall be responsible for the inspection, maintenance, and upgrade
of any system or systems serving the units, unless otherwise provided in the governing
documents of the condominium association or the cooperative corporation. For a facility
comprised of five or more condominium or cooperative units, each system located on the
facility shall be inspected at least once every three years instead of at time of transfer of title
and all existing systems shall be inspected by December 1, 1996. For a facility comprised
of fewer than five condominium or cooperative units:
1. each system located on the facility shall be inspected at least once every three years
and all existing systems shall be inspected by December 1, 1996, or
2. at the time of transfer of title of any unit, the system serving that unit shall be
inspected in accordance with the time of transfer provisions of 310 CMR 15.301.
entity, ana me system nas peen rrspectea at utG tuuSL rccclit <unc rcyutrcu oy me pian. A
comprehensive local plan may prioritize systems to be inspected on the basis of proximity
to water resources, soil or geological conditions, age or size of systems, history of
performance, frequency of pumping or other routine maintenance activity, or other relevant
factors, and may establish different schedules and frequency of inspection on the basis of
such criteria, provided that all systems are inspected at least once every seven years by a
System Inspector approved by the Department; or
(d) the transfer is of residential real property between the following relationships:
1. between current spouses;
2. between parents and their children;
3. between full siblings; and
4, where the grantor transfers the real property to be held in a revocable or irrevocable
trust, where at least one of the designated beneficiaries is of the first degree of
relationship to the grantor.
(5) A system shall be inspected prior to any change in the type of establishment, or increase in
design flow, or prior to any expansion of use of the facility served for which a building permit
or occupancy permit from the local building inspector is required, If the system is a cesspool,
or if the system is failing as set forth in 310 CMR 15.303 or 15304(1) or is a significant threat
to public health, safety, welfare and the environment as set forth in 310 CMR 15304(2), then
the system shall be upgraded prior to the change in the type of establishment, increase in design
flow or expansion of use of the facility. Prior to an increase in the design flow to any cesspool,
or to any system above the existing approved capacity, the cesspool or the system shall be
upgraded in accordance with the standards applicable to new construction. Whenever an
addition to an existing structure which changes the footprint of a building with no increase in
design flow is proposed, the system inspection shall be an assessment to determine the location
of all system components, including the reserve area. The proposed construction shall not be
placed upon any of the system components or within any applicable setback distances in
310 CMR 15.211. If official records are available to make a determination regarding location
of system components, an inspection is not required for footprint changes.
(6) Facilities with a total design flow of 10,000 or more gallons per day but less than 15,000
gallons per day at full build out shall be inspected by the last day of the applicable calendar year
listed below in compliance with the provisions of 310 CMR 15.006, and applicable provisions
of 310 CMR 15.300 through 15.354, or 314 CMR 5.00. Such systems shall, unless subject to
310 CMR 15.301(3)(a), be re -inspected during the fifth calendar year following the applicable
year of initial inspection, and then during every fifth calendar year thereafter. An inspection of
a system conducted within 30 days prior to the last day of the applicable year of initial inspection
may be used as the initial inspection, provided that a System Inspection Form approved by the
Department is submitted to the Department within 30 days of the inspection. The Department
may accept a Certificate of Compliance for the entire system, issued by the Department within
the two year period prior to an inspection deadline, as a substitute for a required system
inspection.
Year of initial Basin in which system is located
inspection
1997 Charles, Housatonic, Hudson (Hoosic), North Coastal, Ten Mile
1998 Blackstone, Chicopee, Connecticut, Nashua
1999 Boston Harbor (Neponset), Cape Cod, French & Quinebaug, Merrimack,
Narragansett Bay/Mt. Hope Bay, Parker
2000 Buzzards Bay, Deerfield, Ipswich, Islands, Millers, Shawsheen
2001 Concord (Sudbury, Assabet, Concord), South Coastal, Farmington,
Taunton, Westfield
Basin boundaries shall be determined by reference to the most recent edition of the
Massachusetts GIS maps. If all of the components of a system are not located in the same basin,
then the system shall be inspected during the earliest of the applicable inspection years.
(7) Shared systems shall be inspected every three years.
(8) When a facility is divided or the ownership of two or more facilities is combined as
specified in 310 CMR 15.010(2) or (3), all systems serving the facility or facilities shall, be
inspected.
(9) All systems shall be inspected when the owner or operator thereof is ordered to do so by the
local Approving Authority, the Department or court.
(10) The results of any inspection(s) required by 310 CMR 15.301 shall be submitted to the
Approving Authority on a current System Inspection Form approved by the Department within
30 days oWhe field inspection of the system components by the approved System Inspector,
provided that this sentence shall not be construed to require the owner of a system or a System
Inspector to submit to the Approving Authority the results of a voluntary assessment of the
of a cvctPm that is not nerfnrmed to comniv with a reauirement of 310 CMR 15.301.
e W
0
0
-7�
Town of Brewster
Health Department
2198 Main Street
Brewster, Massachusetts 02631-1898
(508) 896-3701 Ext. 120
FAX (508) 896-4538
FEE: $25.00
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
APPENDIX
BREWSTER REGULATION
Map_Lot-
Property Address:
Owner Address:
Name of Inspector:
Company Name, Address & Phone Number:
Date of Inspection:
This inspection represents (check one)
A) System Passes
B) System Conditionally Passes
( ) Real Estate Transfer ( ) Addition/alteration
-Septic tank covers are more than 12 inches below the finished grade
Q Further evaluation is required by the, Board of Health
Records show excessive pumping three or more times within any eighteen (18) month period for residential or
Commercial property; except for 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)
The system is in a state of disrepair such that it cannot function as it was originally intended;
The lack of a 4 foot protective zone between the bottom of the system and the groundwater;
Any other problem as defined by the Board of Health or its Director;
The sewage disposal system consists of a single cesspool, or cesspools.
The Brewster Health Department has reviewed and accepted this report based on the information contained therein. This inspection reflects the
present condition of the Sanitary System and is not any guarantee as to the life or future condition of said system.
Approving Authority Date
Please be advised of ADDITIONAL BOARD OF HEALTH REGULATION :
All private wells are required to be analyzed prior to approval of the Subsurface Sewage Disposal
System Inspection form, and sixty (60) days prior to transfer of property.
Inspection
ltesic{entiai 1'rauerlY
it of rooms
Bedrooms
Family Rooms
Living Rooms
Bathrooms
Dining Rooms
Kitchens
0113m
"Total:
TOWN OF BRE WST R
2198 MAIN STRKET
Bttrvs`rca, MA 42631
PltoNt:: (508) 896.3701 Exr 1120
PAX: (508) 896.4538
13 til if:At.1'I 1((I,)I) RF-,WS7-CR-MA.GO V
OFI,,iGLj Ov
11EAUM DF.PAiC MENT
ADDENDUM TO SEP'T'IC INSPEC"PION REPORT
Map fie. Parcel:______.__._.._.....__._
C'(>Init1erc al_PI'ope-dy
i.mplayees � ._._
Toilets _....._...__
]looms with built
_ Square Feet
2.
floor. i'Ian: ;ltow
all floors ihclildlne
basct3teitt;ML....
..... ........
.. .. ......
. ...... ... .
........
3. is. tile septic system, as inspected, ill toll compliance with either the 1978( ) or 1995 () Title 5 Code? Yes_—,--- No_-_-___
11'not, list
4. Is the system in the lone II (Wellhead Protection Area) Yes_ No
Lot sire:
WW W.T0WN.13R.EWSTER.MAAJS
TOWN OF BREMSTER
ADDENDUM TO DET' SEPTIC INSPECTION REPORT
Inspection Location
Map k Parcel
S. Is there a 4' separad oil (1978 code) or a 5' separation (1995 code) 1'es No-,-...
Between t11e bottom of the Soil Absorption System (SAS) and adjusted groundwater?
-101,
OF
FOUNDATION
C. Town Water(_) or'Private Well (— )
Distance fl. ill nearest septic system component: _—
7. Wetlands or sul•faec "Iltcr within 100'0f septic syst0m? Yes No.-
Distance
o_Distance ti'0111 nearest Septic SyStOM COn1pO11C11t:
8. Groundwater flow direction:
9. Type of pipe used in system:
PVC Orangeberg _(}tiler_
10. Sanitary tees or baffles in place ( Yes — No- N/A? )
Septic tank inlet
Septic tank outlet
P1unp chamber inlet
D-Box inlet
Grease trap inlet
Grease trap outlet
Risers -- 1978 code within 12 inelres of grade on septic tank
Risers — 1995 code within () inches of grade on all conlporlelits
One inspcction port on SAS (1995 code)
Town of Brewster
2198 MAIN STREET
BREWSTER, MASSACHUSETTS 0263.1-1898
PHONE: 508.896.3701 EXT, 1120
FAX: 508.896.4538
t�rh ealtl�rr7�bre�vster-ina. Lii V
WW W.BREWSTER-MA.GOV
Health Department
Amy L. von Hone, R.S., C.H.O.
Director
Sherrie McCullough, R.S.
Assistant Director
Tammi Mason
Senior Department Assistant
Brewster Board of Health
In -House Septic Local Upgrade Approval Policy
The Town of Brewster Board of Health hereby adopts the following policy concerning the procedure for
making decisions on applications for local upgrade approvals and variances from the requirements of
Title 5 and the Board's local septic system regulations.
This policy shall apply to review and approval of applications for Local Upgrade Approval and
Variances under:
- MA State Environmental Code Title 5: 310 CMR 15.000
- Town of Brewster Regulations (including but not limited to subsequent related septic
regulations)
o Regulation Regarding Variance Requests for On -Site Sewage Disposal Systems
Applications
o Leaching Facility Set Back
o Real Estate Transfer Regulation
A. The Brewster Board of Health hereby grants the Health Director and Agents the authority
to review and approve all local upgrade approval applications (MA Title 5 and Local Town of
Brewster Regulations) which propose no increase in existing design flows and if the design
proposal meets the following design criteria:
1 Septic upgrades/repairs for existing systems for routine local upgrade approvals as allowed
under Title 5: 310 CMR 15.404-15.405 Maximum Feasible Compliance -Approvals for Upgrades
and Contents for Local Upgrade Approval,
2. Septic upgrades/repairs for existing systems requiring a variance from Section 4 of the Board's
Leaching Facility Set Back Requirement for ponds and lakes, provided that the leaching
facilities are downgradient and seventy feet (70') or more from the bordering wetland edge of
the pond or lake.
3. Septic upgrades/repairs for existing systems requiring a variance from Section 3 of the Board's
Leaving Facility Set Back Requirements for surface water bodies (excluding ponds and lakes),
provided that the leaching facilities are seventy feet (70') or more from the bordering wetland
edge of the surface water body, as defined in 310 CMR 15.002.
N:\Health\BOH regs\InHouse Septic Local Upgrade Approval 2019XFINAL InHouse Septic Local Upgrade Approval Policy Approved
12.18.19.docx
B. The Brewster Board of Health will require a full review by the Board of Health for all
variance applications if the application is for:
1. New Construction (per Title 5 definition)
2. Increase in septic design flows
3. Raze and replace of an existing structure, with or without increase in design flow
4. Any other requirement that does not qualify for local upgrade approval as set forth in 310 CMR
15.402-15.405
5. Any provision of the Board's local septic regulations not listed in Section A of this Policy
C. General Provisions
All In -House Septic Local Upgrade Approvals approved by the Health Director or agents
shall be presented to the Board of Health at their next scheduled meeting for approval
Under a Board of Health Consent Agenda.
Any applicant aggrieved by a decision of the Director or agent can appeal the decision to
the full Board of Health. A request for appeal shall be in writing and received by the
Board of Health within 10 days of receipt of the Directorlagent's decision. If no request
for appeal is received within said 10 day period, the decision of the Director /agent shall
be final.
Notwithstanding the provisions of this Policy, the Director /agent or the Board can
require that a particular application be reviewed by the Board, in their sole discretion.
APPROVED BY THE BREWSTER BOARD OF HEALTH: December 18 2019
Board ;r
Of
Health
N:\Health\BOH regsllnHouse Septic Local Upgrade Approval 2019TINAL InHouse Septic Local Upgrade Approval Policy Approved
12.18.19.docx
Amy von Hone
From: KC Pearson <kimberley.crocker.pearson@gmail.com>
Sent: Thursday, March 14, 2024 8:00 PM
To: Peter Lombardi; Ned Chatelain; Chris Miller; Mary Chaffee
Subject: Pesticide Reduction Bylaw
Good Evening:
The Brewster Natural Resources Advisory Commission by majority vote this evening decided to
recommend that the Select Board put the Orleans Pesticide Reduction Bylaw as written on the
SpringTown Meeting Warrant.
Please let me know if you have any questions.
Best
Kim Pearson
Amy von Hone
From: Amy von Hone
Sent: Thursday, March 21, 2024 9:50 AM
To: Peter Lombardi
Cc• Kimberley Crocker -Pearson; Dave Bennett; Sherrie McCullough
Subject: RE: Pesticide Reduction Bylaw
The Board of Health had a brief discussion at their meeting last night (3/20/24) regarding the proposed Pesticide
Reduction Bylaw.
The Board does not have enough information at this time to make a recommendation. They do have concerns
about:
1. Enforcement requirements and capacity to enforce
2. Capacity to respond to a health emergency requiring use of pesticides to protect public health i.e.
outbreak of West Nile Virus or Eastern Equine Encephalitis requiring emergency pesticide spraying for
mosquito control
The Board will place this topic on a future agenda, as needed, for purposes of scheduling an in-depth presentation
to make a better informed recommendation to the Select Board, at the Select Board's request.
Please advise if there are additional questions regarding the above.
Thank you, Amy
Amy L. von Hone
Health Director
Brewster Health Department
508.896.3701 X1120
P 'kCC
IMMUMMATUMOrm NM=
Helping to Preserve Our Quality of Life on Cape Cod
Town of Brewster
Select Board Members
Brewster, Massachusetts
December 6, 2023
Dear Brewster Select Board Members,
At the Orleans Fall Town Meeting, residents voted 68% in favor of a Pesticide Reduction Home Rule Petition.
Then the Barnstable County Assembly of Delegates adopted the foregoing Resolution No. 12 at its regular
meeting on October 18, 2023 by a roll call vote with delegates representing 100.00% of the population of
Barnstable County voting in the affirmative.
For more information, please see the attached handout, also to the Orleans Town website, search "pesticide
reduction" and click on numerous documents on the landing page that contains: the warrant article, support
letters, news articles, studies, database, FAQs, presentations, etc.
htt s: www.towr /1335/Pesticide-Home-Rule-Petition-2023
I respectfully request The Brewster Select Board support its Cape Cod neighbor Orleans's by bringing this
Pesticide Reduction Home Rule Petition warrant article to the Brewster Annual Town Meeting in 2024 and
championing pesticide reduction to town residents.
Thank you for taking this into high consideration. The more Cape Cod towns involved will send a strong
message to the State Legislature that these reductions are necessary to help protect the health and integrity
of our surrounding waters, environment and ultimately ourselves.
Let me know if you have any questions. I look forward to hearing back from you soon with a date we can
present to your board openly.
Thank you very much,
Laura Kelley
North Eastham, MA
Protect Our Cape Cod Aquifer — POCCAcapecod.com
ARTICLE 24. HOME RULE PETITION FOR A PESTICIDE REDUCTION BYLAW
To see if the Town will vote to authorize and direct the Select Board to petition the Great
and General Court of the Commonwealth of Massachusetts for special legislation,
authorizing the Town to adopt a Pesticide Reduction Bylaw (the bylaw), the text of which
is set forth below, and to authorize the General Court, with the approval of the Select
Board, to make changes of form to the text thereto as may be necessary or advisable in
order to accomplish the intent and public purpose of this legislation in order to secure
passage; and vote to adopt the bylaw as follows:
CHAPTER PESTICIDE REDUCTION BYLAW
§1. Purpose.
The purpose of this bylaw is to reduce toxic pesticide use in and on public and private
property in the Town of Orleans in order to promote a healthy environment and to
protect the public from the hazards of pesticides, and for implementation of sustainable
land and building management practices on all public and private property.
§2. Findings.
A. Scientific studies associate exposure to pesticides with asthma, cancer,
developmental and learning disabilities, nerve and immune system damage, liver or
kidney damage, reproductive impairment, birth defects, and disruption of the
endocrine system.
B. Infants, children, pregnant women, the elderly, and people with compromised immune
systems and chemical sensitivities are especially vulnerable to pesticide effects and
exposure.
C. Pesticides are harmful to pets and wildlife, including threatened and endangered
species, soil microbiology, plants, and natural ecosystems.
D. Toxic runoff from chemical fertilizers and pesticides pollute streams, lakes, estuaries,
and drinking water sources.
E. The use of pesticides is not necessary to create and maintain green lawns and
landscapes given the availability of viable alternatives practices and products.
F. People have a right not to be involuntarily exposed to pesticides in the air, water or
soil that inevitably result from chemical drift and contaminated runoff.
G. Sustainable land and building management practices that emphasize non -chemical
methods of pest prevention and management, and least -toxic pesticide use as a last
resort, will eliminate the use of and exposure to pesticides while controlling pest
populations.
H. Sustainable land and building management practices complement other important
goals of Orleans' maintenance and administration, such as energy conservation and
security.
I. Orleans embraces a precautionary approach to the use of pesticides in order to
adequately protect people and the environment from the harmful effects of pesticides.
J. Application of chemicals simply for aesthetic/cosmetic purposes has harmful
consequences for our ecosystem, children and pets. Pollinators are directly harmed
by applications particularly the indiscriminate (and long-term ineffective) spraying of
pesticides.
§3. Authority.
This bylaw is adopted under authority granted by the Home Rule amendment to the
Massachusetts Constitution and the provisions of any Special Legislation passed by the
Legislature.
P. Definitions.
For the purposes of this bylaw, the following definitions shall apply:
Allowed Materials List - The list of acceptable pesticides is limited to the following:
1) All non -synthetic (natural) materials, with the exception of prohibited non -synthetic
materials under 7 CFR 205.602;
2) Any synthetic material listed at 7 CFR 205.601 that is labeled for turf uses, subject
to discretionary authority to require disclosure of inert ingredients; and
3) 25b listed pesticides under the Federal Insecticide, Fungicide and Rodenticide Act
(FIFRA).
Inert ingredient - Any substance (or group of substances with similar chemical structures
if designated by the Environmental Protection Agency) (EPA) other than an active
ingredient that is intentionally included in any pesticide product (40 CFR 152.3(m)) [7 CFR
205.2 Terms defined.], and are not classified by the EPA Administrator as inserts of
toxicological concern. [7 U.S.C. 6502(21) Definitions]
Non -synthetic (natural) materials - A substance that is derived from mineral, plant, or
animal matter and does not undergo a synthetic process as defined in section 6502(21)
of the Organic Foods Production Act. For the purposes of this part, `non -synthetic' is used
as a synonym for natural as the term is used in the regulations. [7 CFR 205.2 Terms
defined.]
Pesticide — Any substance or mixture of substances intended for: (i) preventing,
destroying, repelling, or mitigating any pest; (ii) use as a plant regulator, defoliant, or
desiccant; or (iii) use as a spray adjuvant such as a wetting agent or adhesive. The term
'pesticide' includes insecticides, herbicides, fungicides, and rodenticides, but does not
include cleaning products other than those that contain pesticidal agents.
Synthetic materials - A substance that is formulated or manufactured by a chemical
process or by a process that chemically changes a substance extracted from naturally
occurring plant, animal, or mineral sources, except that such term shall not apply to
substances created by naturally occurring biological processes. [7 U.S.C. 6502(21)
Definitions]
§5. Prohibitions.
The application of any Pesticide that is not on the Allowed Material List is prohibited,
except as permitted in this bylaw.
§6. Exceptions.
A. The application of the following Pesticides is allowed:
1. Indoor pest sprays and insect baits (excluding rodent baits)
2. Insect repellants for personal and household use
3. Pet: Flea and tick sprays, powders, and pet collars
4. Kitchen, laundry, and bath disinfectants and sanitizer
5. Products labeled primarily to kill mold and mildew
6. Usage for commercial farming and nurseries.
B. Pesticides for the treatment of invasive plants for ecological restoration (see
Massachusetts Invasive Plant Advisory Group current lists of Invasive, Likely Invasive,
and Potentially Invasive https://www.massnrc.org/mipag/ may be used upon the grant of
a waiver by the Town Manager or authorized designee.
C. If an emergency public health situation warrants the use of Pesticides, which would
otherwise not be permitted under this bylaw, the Town Manager or authorized designee
shall have the authority to grant a temporary waiver on a case-by-case basis after an
evaluation of all alternative methods and materials.
§7. Enforcement.
The enforcement authority shall be the Town Manager, or any town officials as designated
by the Select Board to oversee and enforce the provisions of this bylaw.
§8. Penalties.
Any person who violates any provision of this bylaw shall be punished by a fine of one
hundred dollars ($100.00) for the first offense and three hundred dollars ($300.00) for
each offense thereafter. Each day or portion thereof during which a violation continues
shall constitute a separate offense and a violation of each provision of the bylaw shall
constitute a separate offense.
If the offender is a commercial applicator, the right to do business in Orleans may be
revoked.
§9. Severability.
The provisions of this bylaw are hereby declared to be severable. If any provision,
paragraph, sentence, or clause of this bylaw or the application thereof to any person,
establishment, or circumstances shall be held invalid, such invalidity shall not affect the
other provisions or application of this bylaw.
Provided, that this bylaw is subject to the Town obtaining special legislation from the Great
and General Court of the Commonwealth of Massachusetts authorizing the Pesticide
Reduction Bylaw as aforesaid; or to take any other action relative thereto. (Select Board)
(Simple Majority Vote Required)
PROPOSED MOTION
I move this article be accepted and adopted as printed in the warrant and that the Select
Board be authorized to petition the Great and General Court for special legislation as set
forth therein and that the Pesticide Reduction Bylaw be adopted subject to the approval
of the special legislation.
SUMMARY
The article authorizes the Select Board to file special legislation authorizing the
adoption of the proposed bylaw as the application of pesticides in Orleans is currently
primarily regulated by state and federal law. This article also proposes the adoption of
a bylaw that seeks to reduce toxic pesticide use in and on public and private property
in order to promote a healthy environment and to protect the public from the hazards
of pesticide use. It does not prohibit businesses from selling products containing
pesticides to anyone.
SB: 5 — YES 0 — NO 0 — ABSTAIN
FC: 3—YES 3—NO 1 — ABSTAIN
CAPE COD REGIONAL GOVERNMENT
ASSEMBLY of DELEGATES
2023 Session
Resolution No. 12
Supporting a proposed Home Rule Petition by the Town of Orleans on Pesticide. Reduction
Be it Hereby Resolved by the Barnstable County Assembly of Delegates:
WHEREAS, scientific studies associate exposure to pesticides with asthma, cancer, developmental
and learning disabilities, nerve and immune system damage, liver or kidney damage, reproductive
impairment, birth defects, and disruption of the endocrine system; and
WHEREAS, infants, children; pregnantwomen, the elderly, and people with compromised immune
systems and chemical sensitivities are especially vulnerable to pesticide effects and exposure; and
WHEREAS, pesticides are harmful to pets and wildlife, including threatened and endangered
species, soil microbiology, plants, and natural ecosystems; and
WHEREAS, toxic runoff from chemical fertilizers and pesticides pollute streams, lakes, estuaries,
and drinking water sources; and
WHEREAS, the use of pesticides is not necessary to create and maintain green lawns and
landscapes given the availability of viable alternatives practices and products; and
WHEREAS, people have a right not to be involuntarily exposed to pesticides in the air, water or soil
that inevitably result from chemical drift and contaminated runoff; and
WHEREAS, sustainable land and building management practices that emphasize non -chemical
methods of pest prevention and management, and least -toxic pesticide use as a last resort, will
eliminate the use of and exposure to pesticides while controlling pest populations; and
WHEREAS, sustainable land and building management practices complement other important
goals of Orleans' maintenance and administration, such as energy conservation and security; and
WHEREAS, Orleans embraces a precautionary approach to the use of pesticides in order to
adequately protect people and the environment from the harmful effects of pesticides; and
WHEREAS, application of chemicals simply for aesthetic/cosmetic purposes has harmful
consequences for our ecosystem, children and pets. Pollinators are directly harmed by
applications particularly the indiscriminate (and long-term ineffective) spraying of pesticides.
NOW THEREFORE, The Assembly of Delegates supports the Home Rule Petition by the Town of
Orleans to reduce toxic pesticide use in and on public and private property in the Town of Orleans
Page 1 of 2
2023 Session, Resolution No. 12
Page 2 of 2
in order to promote a healthy environment and to protect the public from the hazards of
pesticides, and for implementation of sustainable land and building management practices on all
public and private property.
The Assembly of Delegates adopted the foregoing Resolution No. 12 at its regular meeting
on October 18, 2023 by a roll call vote with delegates representing 100.00% of the
population of Barnstable County voting in the affirmative.
Attested by:
OJ6.G�.,
Owen Fletcher, Clerk
Assembly of Delegates
FAQ Pesticide Reduction Initiative
The Purpose of this Home Rule Petition is to protect the people, wildlife and environment of
Orleans by reducing the most toxic of pesticides
What are Pesticides?
Pesticides include all Insecticides, Herbicides, Fungicides, and Rodenticides
Pesticide — Any substance or mixture of substances intended for—(i) preventing, destroying,
repelling, or mitigating any pest; (ii) use as a plant regulator, defoliant, or desiccant; or (iii) use
as a spray adjuvant such as a wetting agent or adhesive. The term `pesticide' does not include
cleaning products, other than those that contain pesticidal agents.
Why should we support this petition?
To Protect our people, waters, wildlife and environment.
Water and environment is what brings people here and makes us want to stay in this special
place of ours. It is up to us to protect the waters we love. It is our most valuable environmental
resource and our most valuable economic asset. It directly or indirectly affects every resident,
homeowner, visitor, and businesses in Orleans. Orleans has 63 ponds/lakes and approximately
50+ miles of coastlines. Water is our lifeblood, and it is our responsibility to keep it healthy.
What do we need to do to help?
Pass a Home Rule Petition Article at Fall Town Meeting October 16, 2023.
What is a Home Rule Petition, and how does it differ from a bylaw?
A Home Rule Petition is a request (petition) from a city/town for a new type of power from the
State Legislature. It asks to let the Town of Orleans have the power to make its own decision to
reduce the application of Pesticides and toxic chemicals entering our environment, a right the
State took away in 2014.
What is the Home Rule Petition Process (HRP)?
The HRP will be a warrant article at Town Meeting on October 16, 2023. Once passed, the Town
will send the bill to its State Representatives and State Senators who seek to pass it in the
legislature as a state law that would only affect the one municipality, Orleans, MA.
How long does it take?
Once approved at Town Meeting it moves to the state level and it could sit in legislative
committee for up to two years after which, if not passed, it will expire and need to go through
the process again.
Can the Home Rule Petition wording be changed throughout the process?
Yes, the Home Rule Petition Article has this wording included: "....and to authorize the General
Court, with the approval of the Select Board, to make changes of form to the text thereto as
may be necessary or advisable in order to accomplish the intent and public purpose of this
legislation in order to secure passage."
When would this become effective?
Once approved at State level it would become a bylaw.
Why has the Orleans Select Board decided to act on this issue?
Local organizations mobilized in the 2000's creating advocacy and education campaigns that
were immensely helpful in getting the town to put together some bylaws in 2014. But times
have dramatically changed in the last few decades. We have more proven science, and
attitudes in protecting our environment have never been stronger. Citizens feel there is an
ongoing and significant increase in the application and use of pesticides in Orleans. The Select
Board is listening to their concerns and moving forward to address them.
What can I do now to help protect our people, wildlife and environment?
Change how you manage your property. Stop using pesticides. If you use a service tell them to
stop using toxic synthetic pesticides and herbicides. Despite what the services may tell you, you
do not need them.
Let your voice be heard and vote in support of no application of toxic synthetic pesticides at
Town Meeting.
Why are we not just stopping today when we know it harms people, wildlife and the
environment?
Protecting the environment has had a long history of support in Orleans and Cape Cod. Many
people have worked very hard to forward this issue through significant research, studies, and
reports published by various groups both locally and globally. But it has not been enough. We
are at a tipping point where awareness to protect our environment has never been higher and
we need your participation. It is time to act.
Is this a new issue?
No, this is not a new issue. We have been studying pesticides for over half a century and the
overall trend is that they continue to become more toxic and our environment becomes more
polluted.
Why shouldn't I apply pesticides on my own property?
When pesticides are applied to property (lawns, gardens, flowers, shrubs, trees, etc.) they do
disappear or stay on property. They run off from irrigation use, rain and storms. Air and water
carry pesticides off your property long distances onto and through other people's properties
until it reaches the nearest (shared) water source. It permeates through sandy soil polluting the
single source aquifer we all share.
If water moves though our sandy soils at an estimated 1 foot per day and with an average Cape
Cod aquifer depth estimated under 30 feet, within a month whatever is applied to the ground
may be in our shared aquifer we drink from.
2
Barry Commoner's First Law of Ecology states that: "Everything is connected to everything
else." What you do on your land will have a widespread impact beyond the boundaries of your
property. In a sense, each and every one of us 'live on the water.' —OPC Blue Pages 2008
We already have policies, why are they not effective or enforced?
Our current policies are outdated and allow for continued use of pesticides on properties with
no enforcement penalties, which in turn continues the cycle of polluting our environment. The
current Select Board has committed to devoting resources to reasonably enforce this special
legislation.
Why change?
Doing nothing will change nothing and the health of our people and environment will continue
to be negatively affected. It is time we make the hard decisions to challenge ourselves to find
solutions that protect and enhance a healthy environment and economy for everyone living
and visiting our beloved town.
We cannot be fearful of change, we must grow and address our climate and all issues head on.
As we are all stewards of this land, we need to ask not what our waters and our environment
can do for us but what we can do for our waters and our environment.
Why not just educate?
Education alone has proven not to work. We have been educating about the harmful effects of
pesticides but the use of pesticides continues to increase. Education is a very important part of
this and any process, but to be effective we need to combine it with clear, reasonable and
enforceable regulations.
It has been mentioned that people arriving on the Cape may not understand the effects of
pesticides. The negative effects of pesticides is a national/global issue and is also happening in
the towns they come from and is consistently reported in the local and national press.
What methods can I use to treat for Termites, Carpenter Ants, Wasps, and Ants?
There are various articles on our town website educational webpage Natural Remedies for
Pests that provide natural solutions that work.
What are the exceptions?
§6. Exceptions.
A. The application of the following Pesticides is allowed:
1. Indoor pest sprays and insect baits (excluding rodent baits)
2. Insect repellants for personal and household use
3. Pet: Flea and tick sprays, powders, and pet collars
4. Kitchen, laundry, and bath disinfectants and sanitizer
5. Products labeled primarily to kill mold and mildew
6. Usage for commercial farming and nurseries.
What pesticides would still be allowed?
-All non -synthetic (natural) materials are allowed except a very few on Department of
Agriculture list 7 CFR 205.602
-Any synthetic (man-made) materials that are on the Department of Agriculture list 7 CFR
205.601 are allowed.
-25b listed pesticides under the Federal Insecticide, Fungicide and Rodenticide Act
(FIFRA) are allowed
These lists of minimal risk pesticides are on our website.
How are Pesticide applicators licensed?
Massachusetts law requires that all persons who apply pesticides in public areas and private
places used for human occupation and habitation must be in possession of a valid pesticide
license or certification issued by the Massachusetts Department of Agricultural Resources
Who enforces Pesticide regulations?
Massachusetts Pesticide Inspectors are assigned to regions.
Contact to file a complaint:
Chief Pesticide Inspector Michael W. McCleanto Michael. Mcclean@mass. ov or (617) 626-1782
Pesticide Inspector in Plymouth, Bristol, Barnstable and Islands Mark. Herlihy@ mass.ov
Enforcement Hotline: (617) 626-1782
The Pesticide Program enforces of all pesticide Regulations in the Commonwealth of
Massachusetts. Pesticide Enforcement regulates the Massachusetts Pesticide Control Act and
the regulations 333 CMR 1- 14.
Local enforcement:
§7. Enforcement.
The enforcement authority shall be the Town Manager, or any town officials as
designated by the Select Board to oversee and enforce the provisions of this bylaw.
It is our expectation that if we have clear laws in the town of Orleans, the majority if not all
people, will follow them.
Other laws that protect our health and the environments we have been able to successfully
enforce: smoking (Orleans was a leader), plastic bags, plastic water bottles under one gallon.
4
What is the procedure in a potential health emergency?
If an emergency public health situation warrants the use of Pesticides, which would otherwise
not be permitted under this bylaw, the Town Manager or authorized designee shall have the
authority to grant a temporary waiver on a case-by-case basis after an evaluation of all
alternative methods and materials.
How will this affect businesses?
The Select Board is strongly committed to working together and supporting solutions that
benefit our local businesses and the whole community. American business is built on
innovation and this is an opportunity to shift customers into safe alternative products and
practices. It is a great opportunity to truly focus on our beautiful native drought tolerant
grasses, plants, flowers, shrubs and trees (and pollinators). Also for our garden club and
environmental organizations to use their expertise to help educate.
We understand our businesses have customers from surrounding towns. This does not restrict
businesses from selling any pesticide they choose but only prohibits the application to property
in Orleans. It is the homeowners' responsibility what is put on their property.
Note: This is a living document. It will be updated and additional FAQs added as needed.
For more information please visit the Pesticide Home Rule Petition 2023 webpage on the
Orleans town website: httr}s:,';'www.town.orleans.ma.us,'13351Pesticide-Home-Rule-Petition-
2023 - -- - -- — -
Pes ieide Home Rule PetBion 20231
Orleans, MA
www.tovm.or{eans.rna. us
5
Protect our People, Waters and Environment
Article 24: Pesticide Reduction Home Rule Petition
i a V I Town Meeting October 16, 2023
Our natural environment is what brings people here and makes us want to stay in this special place,.
Now and in the future it is our most valuable environmental resource and economic asset. It directly
affects every resident, property owner, visitor, and business in Orleans.
The purpose of this Home Rule Petition is to reduce toxic pesticide use in the Town of Orleans in
order to protect the public from the hazards of pesticides, promote a healthy environment for all and
safeguard our economy. This is not a ban of all pesticides but a reduction of the most harmful.
Toxic chemicals from pesticides seep into the soil and groundwater, also become airborne, and can be
found thousands of feet from the application site. They contaminate the air we breathe, the waters
we recreate in, the aquifer from which we drink, and the soils in which we grow food for humans, --
animals and wildlife. People have the right not to be exposed to pesticides from other's properties.
Many studies associate pesticides with serious negative health effects including leukemia, non-
Hodgkin's lymphoma: cancers of the brain, breast, prostate, testes and ovaries: heart disease, stroke,
diabetes, Parkinson's, Alzheimer's, ADHD, autism and other autoimmune diseases, as well as birth
defects and reproductive harm.
Butterflies, bees and insects are the 'building blocks of the food chain' and their numbers are
declining rapidly, up to 2% per year. They pollinate 75-80% of crops and wild plants. They keep our '
soils healthy and are the major food source for our birds and amphibians. Their importance in th
environment cannot be understated.
Climate change is one critical example where scientific evidence indicates that pesticides contribute
significantly to greenhouse gas emission, and create a vicious cycle of pollution and dependency.
All are unintended consequences but unfortunately, all are deadly real. We see locally and globally
how polluted environments have a drastic and negative impact on the health of communities and
their economies. Individually we can have an immediate impact on protecting our family, friends and
environments by volunteering to change our behavior by using safe, effe=ctive products, and practices,
and educating our neighbors and ourselves in their use. The solution is free and costs the town and
taxpayers nothing.
Help preserve this special place we love by supporting this Home Rule Petition at 41 Town Meeting,
so we can send a strong message to our State Legislature.
For updated information, please visit
WE
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LWww.town.orleans.ma.us/133V'P'e 133 a
Otleana, MA
www lam ef.ens.naxix
Support:
Association to Preserve Cape Cod (APCC)
Barnstable County Assembly of Delegates
Orleans Agricultural Advisory Council
Orleans Board of Health
Orleans Board of Water and Sewer Commissioners
Orleans Conservation Commission
Orleans Conservation Trust (OCT)
Orleans Energy and Climate Action Committee
Orleans Farmers' Market
Orleans Open Space Committee
Orleans Pond Coalition (OPC)
Orleans Shellfish and Waterways Committee
Friends of Crystal Lake
Protect Our Cape Cod Aquifer (POCCA)
Provincetown Farmers' Market
Sustainable Cape
Truro Farmers' Market
i Mould you like'X
'J y
o � to help
Join supporters �
3,500+ a� .
signatures so far! °°" ft"""°ff"
Please Sign our
ThanK you!
*specks t1aYvG
to C; Cod*
Amy von Hone
From: KC Pearson <kimberley.crocker.pearson@gmail.com>
Sent: Tuesday, March 19, 2024 9:47 AM
To: Peter Lombardi; Ned Chatelain; Mary Chaffee; Chris Miller, Amy von Hone
Subject: Benchmarking Massachusetts Municipal Pesticide Policies
Attachments: Rare cases of mosquito- and tick-borne diseases including Powassan and dengue crop
up across the US.pdf, Content and Application of Fertilizers and Pesticides on Municipal
Land.pdf, Dennis-glyphosate-policy.pdf
Good Morning:
In preparation for next week's Select Board meeting, I have prepared a brief summary of municipal
pesticide reduction policies in Massachusetts. The following policies apply on town -owned land only:
/Town
Origin
Year
Notes
Enforcement j
Marblehead
Board of
2005
Complete ban. Creates
$500.00 fine for an offense.
Health
processes for exemptions
and waivers, inventory of
pesticides, and complaint
process. Establishes an
Advisory Committee
Wellesley
Natural
2002
Establishes an Advisory
No enforcement mentioned.
Resource
Committee
Commission
_
No enforcement mentioned.
Andover
Board of
2017
Appoints a Task Force,
Health
discourages use, calls for
education, states goal to
reduce use
Newburyport
Ordinance 1
2019
Bans the use of Glyphosate
BOH to regulate/enforce/$500.00
only
fine
Eastham
Board of
2013
Prohibits use of EPA
No enforcement mentioned.
Select
Toxicity Category I and II
pesticides. Calls for reduced
use of pesticides, identifies
property, outlines turf and
maintenance practices, and
fertilizer application
standards
Newton
Committee
2014
Representation from
No enforcement mentioned.
established
several departments
Chatham
Board of
2014
2018 motion to BOH to
BOH enforced fine $50.00
Health
eliminate Roundup.
There is also the special case of glyphosate:
While the United States and Massachusetts governments have not limited glyphosate use as of August
2019, individual Massachusetts towns and cities have taken action. For example:
• Chatham decided in December 2018 to stop using glyphosate products, such as Roundup@, on
town -owned land.
• Falmouth's Board of Health issued a one-year moratorium on using glyphosate on town -owned
land. The year-long break in glyphosate use began in April 2019 and will give the town time to
consider whether further action is necessary.
• Dennis passed an ordinance banning the use of glyphosate on town -owned land unless an
exemption is granted.
• Marblehead took action more than a decade ago. In 2005, the town eliminated all toxic
pesticides on town land and encouraged the reduction or elimination of toxic pesticides on
private land.
Newburyport decided to stop using glyphosate in city parks. Further action may be considered.
Warwick passed an ordinance banning the use of glyphosate on town land in 2017.
Wellesley took action in 2011 to ban all pesticides on town land, including glyphosate, unless
they are needed as a last resort.
The wording of the Orleans bylaw is problematic around the issue of control of insect -borne serious
illnesses, which are likely to be an increasing problem in a warming future. (see below) There is
precedent in our own Wetland Regulations for an alternative; the Brewster Wetland Protection
Regulations contain the following language with regard to mosquito control and the use of pesticides.
By giving categorical permission for this activity (with notification), the town leaves the decision-
making as to what is a public health emergency with the appropriate prevention agency.
4.02 Mosquito Control Projects
1) Pursuant to Section 2 of the By-law, the Conservation Commission categorically give permission for
mosquito control projects performed pursuant to the provisions of Clause 36 of M.G. L.c. 50 s5, of M.G.L.c.
252, or of any special act, provided that adequate notice, oral or written, has been given to the Conservation
Commission at least 24 hours prior to the commencement of any work other than normal maintenance and
control.
Respectfully,
Kim Pearson
Town of Brewster
2198 MAIN STREET
BREWSTER, MASSACHUSETTS 02631-1898
PHONE: 508.896.3701 EXT. 1120
FAX: 508.896.4538
brhealth , i orewster-ma. ov
W W W.BREW STER-MA.GOV
Board of Health Meeting
Wednesday, March 6, 2024 at 6:3013m
Town Hall, Room B
Health Department
Amy L. von Hone, RS., C.H.O.
Director
Sherrie McCullough, R.S.
Assistant Director
Tammi Mason
Senior Department Assistant
Board members present: David Bennett, Chair; Kimberley Crocker Pearson, MS, MD, MPH, Vice Chair and Abigail
Archer
Others present: Joe Smith, NSU Water (in person); Greg Brehm, J.M. O'Reilly & Associates, Inc.; Joe Henderson, Horsley
Witten; Tracy Wick, Maintenance Supervisor for King's Landing, Chad Simmons, Operator for King's Landing, a
representative from POHA and Lowell Outslay, ,Owner of 39 McGuerty (all virtual)
Call to order
There was a delay of the start of the meeting. The meeting was called to order at 6:42PM.
2. Declaration of a quorum
Quorum present.
3. Recording statement
Noted.
4. Chair announcements
None
5. Citizen's forum
None
6. WWTF Annual update — King's Landing
Joe Henderson, Horsley Witten, presented this to the Board.
-system was installed in 2004
-designed for 24,000 gallons per day but realistically only uses around 10,000 gallons per day
-they are currently operating under an Administrative Consent Order from DEP, which has a date of 2026 for full
compliance
-total nitrogen has been the main concern
-recently a pilot test was done. 25% of the average flow was sent to a pilot MBBR (an Aqua Point technology). This is an
aerated media tank. It was installed last summer and had good results from June — Oct.
-they are starting an upgrade application with DEP and are hoping to submit it in April.
-a full scale version of the MBBR will be installed.
N:\Health\from Shari\MSWORK FOLDERS\MEETINGS\BOH\3.6.24minutes.doc
7. I/A Technology non-compliance hearings and updates
a. 7 Thousand Oaks Drive (Joe Smith)
DB offered to recuse himself because of being involved with the company in charge of the O & M. Joe Smith,
NSU Water stated that he was ok with him staying on the discussion.
-O & M contract is in the process of getting done
-they have not been to the property yet; a site visit is scheduled for March.
-system is an Orenco Advantex 2.0 system
-quarterly sampling is to be done (only 2 samples are required)
Motion: Approve 7 Thousand Oaks Drive under their current O & M plan and ask that they return to the BOH for review
when additional data has been collected (1 year).
Motion: Kimberely Crocker Pearson Second: Abigail Archer Vote: 3-0 Action: Motion carried
b. 39 McGuerty Road (Greg Brehm)
-Fast system which is gravity fed
-system has not ever had good numbers since the company took over in 2021
-house was vacant for almost a year before the current owner bought it
-it has been, for the most part, above the allowed 19ppm for nitrogen
-have tried adding bicarbonate and are still doing that
-The amount of Sodium Bicarbonate has been increased to 2 times a month but there has not been great turn
around with this
DB asked if influent testing had been done. GB stated that there was testing in December of 2023.
DB asked if the manufacturers were consulted. GB stated that he reached out to Mike Moreau at J & R and his suggestion
was to go through the basics again, which has been done.
Mr. Outslay stated that cost could be an issue.
Motion: Sample in March 2024 to determine future actions based on the results (results to be turned in no later than the
end of April). Update to the BOH by June 30th.
Motion: Kimberley Crocker Pearson Second: Abigail Archer Vote: 3-0 Action: Motion carried
c. 320 Satucket Road
-this was a 2007 installation of a Singular system
-property is in Zone II, DCPC and CCB embayment
-system was installed under a provisional approval
-a max of 19ppm is allowed
-sampling must be done twice a year
-nitrogen numbers are consistently high
-a new operator started about six months ago
Motion: Continue until the next meeting due to lack of representation
Motion: Abigail Archer Second: Kimberley Crocker Pearson Vote: 3-0 Action: Motion carried
Updates:
83 Greenland Pond: Fast system, testing required 4 times a year for 1St year and then can go down to 2 times a year (per
DEP approval letter), it falls under "General Approval"
Motion: Issue letter to appear before the BOH to discuss non-compliance of the I/A system
Motion: Kimberely Crocker Pearson Second: Abigail Archer Vote: 3-0 Action: Motion carried
NAHealth\from Shari\MSWORK FOLDERS\MEETINGS\BOH\3.6.24minutes.doe
56 McGuerty: Singular unit which is out of compliance. The owners have received a letter already.
Motion: Issue letter to appear before the BOH to discuss non-compliance of the I/A system
Motion: Abigail Archer Second: Kimberely Crocker Pearson Vote: 3-0 Action: Motion carried
50 Sarah Maker Way: Micro Fast system. Not in compliance.
Motion: Continue to the next meeting to allow for additional information to be submitted
Motion: Abigail Archer Second: Kimberley Crocker Pearson Vote: 3-0 Action: Motion carried
34 Captain Connolly: This system has a history of non-compliance (no contract). The system is a Perc Rite. Only
required to be inspected once a year.
Motion: Issue letter to appear before the BOH to discuss non-compliance with the contract and inspection
Motion: Abigail Archer Second: Kimberley Crocker Pearson Vote: 3-0 Action: Motion carried
David Bennett told the Board that a response from DEP in regard to the "request for guidance" was received.
8. Minutes from 12/6/23,1/3/24 & 1/17/24 meetings
Motion: Approve the minutes from 12/6/23, 1/3/24 & 1/17/24 as written
Motion: Abigail Archer Second: Kimberely Crocker Pearson Vote: 3-0 Action: Motion carried
9. Liaison Reports
KCP-Opioid Committee. There is a meeting coming up on March 21St. She noted that she had checked with local CVS
Pharmacies and was told that they are currently selling Narcan over the counter for $45 (for 2 doses). They do not take
insurance currently so this would be out of pocket. She also noted that she will be attending a conference with people
who are looking at how best to use the Opioid settlement money.
AA -Recycling Committee. Nothing to report.
10. Matters not reasonably anticipated by the Chair
None
11. Items for next agenda
Pressure Dose second letter update, review of the Real Estate Transfer Inspection Regulation, Leaching Facility Setback
Regulation, and the In -House Variance Policy. AA suggested for a future agenda the topic of PFA'S testing.
12. Next meeting: March 20, 2024
Noted.
Informational items were noted.
Meeting adjourned at 8:30PM
*Accompanying documents in packet: agenda, I/A updates, informational items
NAHealth\from Shari\MSWORK FOLDERS\MEETINGS\BOH\3.6.24minutes.doc
Espanol I Other Languages
®Centers for Disease
Control and Prevention
Emergency Preparedness and Response
Emergency Preparedness and Response Home
Increase in Global and Domestic Measles Cases and
Outbreaks: Ensure Children in the United States and
Those Traveling Internationally 6 Months and Older are
Current on MMR Vaccination
HEAL TH ALERT NETWORK
Distributed via the CDC Health Alert Network
March 18, 2024,12:30 PM ET
CDCHAN-00504
Summary
The Centers for Disease Control and Prevention (CDC) is issuing this Health Alert Network (HAN) Health Advisory to inform
clinicians and public health officials of an increase in global and U.S. measles cases and to provide guidance on measles
prevention for all international travelers aged >_6 months and all children aged >_12 months who do not plan to travel
internationally. Measles (rubeola) is highly contagious; one person infected with measles can infect 9 out of 10 unvaccinated
individuals with whom they come in close contact. From January 1 to March 14, 2024, CDC has been notified of 58 confirmed
U.S. cases of measles across 17 jurisdictions, including seven outbreaks in seven jurisdictions compared to 58 total cases and
four outbreaks reported the entire year in 2023. Among the 58 cases reported in 2024, 54 (93%) were linked to international
travel. Most cases reported in 2024 have been among children aged 12 months and older who had not received measles -
mumps -rubella (MMR) vaccine. Many countries, including travel destinations such as Austria, the Philippines, Romania, and
the United Kingdom, are experiencing measles outbreaks. To prevent measles infection and reduce the risk of community
transmission from importation, all U.S. residents traveling internationally, regardless of destination, should be current on
their MMR vaccinations. Healthcare providers should ensure children are current on routine immunizations, including MMR.
Given currently high population immunity against measles in most U.S. communities, the risk of widescale spread is low.
However, pockets of low coverage leave some communities at higher risk for outbreaks.
Background
Measles is a highly contagious viral illness and can cause severe health complications, including pneumonia, encephalitis
(inflammation of the brain), and death, especially in unvaccinated persons. Measles typically begins with a prodrome of fever,
cough, coryza (runny nose), and conjunctivitis (pink eye), lasting 2 to 4 days before rash onset. The incubation period for
measles from exposure to fever is usually about 10 days (range 7 to 12 days), while rash onset is typically visible around 14
days (range 7 to 21 days) after initial exposure. The virus is transmitted through direct contact with infectious droplets or by
airborne spread when an infected person breathes, coughs, or sneezes, and can remain infectious in the air and on surfaces
for up to 2 hours after an infected person leaves an area. Individuals infected with measles are contagious from 4 days before
the rash starts through 4 days afterward.
Declines in measles vaccination rates globally have increased the risk of measles outbreaks worldwide, including in the United
States. Measles cases continue to be brought into the United States by travelers who are infected while in other countries. As
a result, domestic measles outbreaks have been reported in most years, even following the declaration of U.S. measles
elimination in 2000. Most importations come from unvaccinated U.S. residents.
Measles is almost entirely preventable through vaccination. MMR vaccines are safe and highly effective, with two doses being
97% effective against measles (one dose is 93% effective). When more than 95% of people in a community are vaccinated
(coverage >95%) most people are protected through community immunity (herd immunity). However, vaccination coverage
among U.S. kindergartners has decreased from 95.2% during the 2019-2020 school year to 93.1 % in the 2022-2023 school
year, leaving approximately 250,000 kindergartners susceptible to measles each year over the last three years. Thirty-six
states plus the District of Columbia (DC) had less than 95% MMR coverage among kindergartners during the 2022-2023
school year. Of states with less than 95% MMR coverage, ten reported more than 5% of kindergartners had medical and
nonmedical exemptions, highlighting the importance of targeted efforts at increasing vaccine confidence and access.
Recommendations for Healthcare Providers
• Schools, early childhood education providers, and healthcare providers should work to ensure students are current with
MMR vaccine.
o Children who are not traveling internationally should receive their first dose of MMR at age 12 to 15 months and
their second dose at 4 to 6 years.
All U.S. residents older than age 6 months without evidence of immunity who are planning to travel internationally
should receive MMR vaccine prior to departure.
o Infants aged 6 through 11 months should receive one dose of MMR vaccine before departure. Infants who receive a
dose of MMR vaccine before their first birthday should receive two more doses of MMR vaccine, the first of which
should be administered when the child is age 12 through 15 months and the second at least 28 days later.
o Children aged 12 months or older should receive two doses of MMR vaccine, separated by at least 28 days.
o Teenagers and adults without evidence of measles immunity should receive two doses of MMR vaccine separated
by at least 28 days.
At least one of the following is considered evidence of measles immunity for international travelers: 1) birth before 1957,
2) documented administration of two doses of live measles virus vaccine (MMR, MMRV, or other measles -containing
vaccine), or 3) laboratory (serologic) proof of immunity or laboratory confirmation of disease.
Consider measles as a diagnosis in anyone with fever (>-l01 °F or 38.3°C) and a generalized maculopapular rash with
cough, coryza, or conjunctivitis who has recently been abroad, especially in countries with ongoing outbreaks. When
considering measles, then:
o Isolate: Do not allow patients with suspected measles to remain in the waiting room or other common areas of a
healthcare facility; isolate patients with suspected measles immediately, ideally in a single -patient airborne infection
isolation room (AIIR) if available, or in a private room with a closed door until an AIIR is available. Healthcare
providers should be adequately protected against measles and should adhere to standard and airborne
precautions when evaluating suspect cases, regardless of their vaccination status. Healthcare providers without
evidence of immunity should be excluded from work from day 5 after the first exposure until day 21 following their
last exposure. Offer testing outside of facilities to avoid transmission in healthcare settings. Call ahead to ensure
immediate isolation for patients referred to hospitals for a higher level of care.
o Notify: Immediately notify state, tribal, local, or territorial health departments (24-hour Epi On Call contact list [-'j )
about any suspected case of measles to ensure rapid testing and investigation. States report measles cases to CDC.
• Test: Follow CDC's testing recommendations and collect either a nasopharyngeal swab, throat swab, and/or urine
for reverse transcription polymerase chain reaction (RT -PCR) and a blood specimen for serology from all patients
with clinical features compatible with measles. RT -PCR is available at many state public health laboratories, through
the APHL Vaccine Preventable Disease Reference Centers, and at CDC. Given potential shortages in IgM test kits,
providers should be vigilant in contacting their state or local health department for guidance on testing.
o Manage: In coordination with local or state health departments, provide appropriate measles post -exposure
prophylaxis (PEP) as soon as possible after exposure to close contacts without evidence of immunity, either with
MMR (within 72 hours) or immunoglobulin (within 6 days). The choice of PEP is based on elapsed time from
exposure or medical contraindications to vaccination.
Recommendations for Health Departments
Measles is an immediately notifiable disease. State, tribal, local, and territorial health departments have the lead in disease
investigations and should report measles cases and outbreaks within 24 hours through the state health department to CDC
(measles report@cdc.gov) and through NNDSS.
• Establish measles case reporting from healthcare facilities, providers, and laboratories to public health authorities.
• If measles is identified, conduct active surveillance for additional (secondary) cases and facilitate transportation of
specimens immediately to confirm diagnosis.
• Record and report details about cases of measles, including adherence to recommended precautions and facility
location(s) of index and secondary cases.
• Enhance outreach and communications to under -vaccinated communities through trusted messengers.
Recommendations for Parents and International Travelers
• Even if not traveling, ensure that children receive all recommended doses of MMR vaccine. Two doses of MMR vaccine
provide better protection (97%) against measles than one dose (93%). Getting MMR vaccine is much safer than getting
measles, mumps, or rubella.
• Anyone who is not protected against measles is at risk of getting infected when they travel internationally. Before
international travel, check your destination and CDC's Global Measles Travel Health Notice for more travel health advice,
including where measles outbreaks have been reported.
• Parents traveling internationally with children should consult with their child's healthcare provider to ensure that they
are current with their MMR vaccinations at least 2 weeks before travel. Infants aged 6 to 11 months should have one
documented dose and children aged 12 months and older should have two documented doses of MMR vaccine before
international travel. Depending on where you are going and what activities you plan, other vaccines may be
recommended too.
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Last Reviewed: March 14, 2024
Massachusetts Department of Environmental Protection
eDEP Transaction Copy
Here is the file you requested for your records.
To retain a copy of this file you must save and/or print.
Username: EBELAIR
Transaction ID: 1686477
Document: Groundwater Discharge Monitoring Report Forms
Size of File: 1822.07K
Status of Transaction: Submitted
Date and Time Created: 3/26/2024:11:24:25 AM
Note: This file only includes forms that were part of your
transaction as of the date and time indicated above. If you need
a more current copy of your transaction, return to eDEP and
select to "Download a Copy" from the Current Submittals page.
Ll
Important: When
filling out forms on
the computer, use
only the tab key to
move your cursor -
do not use the
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VQ
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Groundwater Discharge Program
Groundwater Permit
DISCHARGE MONITORING REPORT
A. Facility Information
1. Facility name, address:
SERENITY BREWSTER WWTF
a. Name
873 HARWICH ROAD
b. Street Address
BREWSTER
C. City
2. Contact information:
599
1. Permit Number
2. Tax identification Number
2024 FEB MONTHLY
3. Sampling Month & Frequency
SMA 02631
d. State e. Zip Code
MAHEEN AKHTER
a. Name of Facility Contact Person
6178526110 makhter@elevationfinancialgroup.com
b. Telephone Number c. e-mail address
3. Sampling information:
2/15/2024
a. Date Sampled (mm/dd/yyyy)
'KRISTIN PHELAN
c. Analysis Performed By (Name)
B. Form Selection
�RI ANALYTICAL
b. Laboratory Name
1. Please select Form Type and Sampling Month & Frequency
Discharge Monitoring Report - 2024 Feb Monthly
F All forms for submittal have been completed.
2. E This is the last selection.
3. r Delete the selected form.
gdpols 2015-09-15.doc • rev. 09/15/15 Groundwater Permit Daily Log Sheet • Page 1 of 1
Massachusetts Department of Environmental Protection 1599
Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number
Groundwater Permit
2. Tax identification Number
DISCHARGE MONITORING REPORT
2024 FEB MONTHLY
3. Sampling Month & Frequency
D. Contaminant Analysis Information
• For "0", below detection limit, less than (<) value, or not detected, enter "ND"
• TNTC = too numerous to count. (Fecal results only)
• NS =Not Sampled
1. Parameter/Contaminant
2. Influent
3. Effluent
4. Effluent Method
Units
Detection limit
BOD
120
3.9
3.0
MG/L
TSS
E29::-
19.3
2.0
MG&
TOTAL SOLIDS
380
MG/L
AMMONIA -N
3.9
MG/L
NITRATE -N
5.0
0.050
MG/L
TOTAL NITROGEN(NO3+NO2+TKN)
5,8
0.50
MG/L
OIL & GREASE
3.2 1
0.50 1
MG/L
infeffrp-blank.doc • rev. 09/15/15 Groundwater Permit Discharge Monitoring Report • Page 1 of 1
u
Important:When
filling out forms on
the computer, use
only the tab key to
move your cursor -
do not use the
return key.
fa7
qtr
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Groundwater Discharge Program
Groundwater Permit
DISCHARGE MONITORING REPORT
A. Facility Information
1. Facility name, address:
SERENITY BREWSTER WWTF
a. Name
873 HARWICH ROAD
b. Street Address
BREWSTER
C. City
2. Contact information:
IMAHEEN AKHTER
a. Name of Facility Contact Person
6178526110
b. Telephone Number
3. Sampling information:
!2/15/2024
a. Date Sampled (mm/ddtyyyy)
KRISTIN PHELAN
c. Analysis Performed By (Name)
B. Form Selection
599
1. Permit Number
2. Tax identdlcation Number
2024 ANNUAL
3. Sampling Month & Frequency
�MA 02631
d. State e. Zip Code
!makhter@elevationfinancialgroup.com
c. e-mail address
IRI ANALYTICAL
b. Laboratory Name
1. Please select Form Type and Sampling Month & Frequency
Discharge Monitoring Report - 2024 Annual
F All forms for submittal have been completed.
2. This is the last selection.
3.— Delete the selected form.
gdpols 2015-09-15.doc • rev. 09/15/15 Groundwater Permit Daily Log Sheet • Page 1 of 1
7 - -- Massachusetts Department of Environmental Protection 1599
Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number
�._ Groundwater Permit
2. Tax identification Number
DISCHARGE MONITORING REPORT
2024 ANNUAL
3. Sampling Month & Frequency
D. Contaminant Analysis Information
• For "0", below detection limit, less than (<) value, or not detected, enter "ND"
• TNTC = too numerous to count. (Fecal results only)
• NS =Not Sampled
1. Parameter/Contaminant
2. Influent 3. Effluent
4. Effluent Method
Units
Detection limit
TOTAL PHOSPHORUS ASP
5,7
10.010
MG/L
ORTHO PHOSPHATE
5.5
0.020
MG/L
infeffrp-blank.doc • rev. 09/15/15 Groundwater Permit Discharge Monitoring Report • Page 1 of 1
Massachusetts Department of Environmental Protection 1599
Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number
...., Groundwater Permit
2. lax identification Number
DISCHARGE MONITORING REPORT
2024 ANNUAL
3. Sampling Month & Frequency
E. VOC Analysis Information
• If VOCs are present, please indicate the amounts of the individual compounds in pg/I.
• For "0", below detection limit, less than (<) value, or not detected, enter "ND"
• NS =Not Sampled
1. Parameter/Contaminant
Units
ACETONE
UG/L
BENZENE
UG/L
1,1 DICHLOROETHANE
UG/L
1,2 DICHLOROETHANE
UG/L
1,1 DICHLOROETHYLENE
UG/L
CIS-1,2-DICHLOROETHYLENE
UG/L
TRANS 1,2 DICHLOROETHYLENE
UG/L
ETHYL BENZENE
UG/L
METHYLENECHLORIDE
UG/L
TOLUENE
UG/L
O -XYLENE
UG/L
P/M XYLENE
UG/L
CARBON TETRACHLORIDE
UG/L
CHLOROFORM
UG/L
2-BUTANONE (MEK)
UG/L
2. Influent 3. Effluent
4. Effluent Method
Detection limit
IND 1 11-0—
I
ND
[1.0
ND
11.0
ND
1.0
1.0
ND
ND
1.0
ND
1.0
ND 1
1.0
ND
11.0
ND
1.0
ND
1.0
ND !
1.0
ND
1.0
ND
1.0
ND
1.0
ND 1.0
ND 1.0
infeffrp-blank.doc • rev. 09/15/15 Groundwater Permit Discharge Monitoring Report • Page 1 of 1
- Massachusetts Department of Environmental Protection 599
Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number
Groundwater Permit 2. Tax identification Number
DISCHARGE MONITORING REPORT
!2024 ANNUAL
r
3. Sampling Month & Frequency
E. VOC Analysis Information
• If VOCs are present, please indicate the amounts of the individual compounds in pg/I.
• For "0", below detection limit, less than (<) value, or not detected, enter "ND"
• NS =Not Sampled
1. Parameter/Contaminant
Units
4-METHYL-2-PENTANONE (MIBK)
UG/L
TRICHLOROETHYLENE
UG/L
TETRACHLOROETHYLENE
UG/L
1,1,1 TRICHLOROETHANE
UG/L
VINYLCHLORIDE
UG/L
STYRENE
UG/L
CHLOROBEIN NE
UG/L
METHYL TERTIARY BUTYL ETHER
UG/L
CHLOROETHANE
UG/L
1,2-DICHLOROPROPANE
UG/L
DIBROMOCHLOROMETHANE
UG/L
1.1.2 TRICHLOROETHANE
UG/L
2-CHLOROETHYLVINYL ETHER
UG/L
BROMODICHLOROMETHANE
UG/L
BROMOFORM
UG/L
2. Influent 3. Effluent 4. Effluent Method
Detection limit
JND �1.0 _ I
ND
1.0
ND
1.0 J
ND 1
1.0
IND
0.40
1.0
ND
ND
IND
ND
ND
ND
ND
ND
ND
ND
1.0
1.0
1.0
infeffrp-blank.doc • rev. 09/15/15 Groundwater Permit Discharge Monitoring Report • Page 1 of 1
Massachusetts Department of Environmental Protection 1599
Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number
Groundwater Permit
DISCHARGE MONITORING REPORT 2. Tax identification Number
2024 ANNUAL
LL!j
3. Sampling Month & Frequency
E. VOC Analysis Information
• If VOCs are present, please indicate the amounts of the individual compounds in pg/I.
• For "0", below detection limit, less than (<) value, or not detected, enter "ND"
• NS =Not Sampled
1. Parameter/Contaminant
Units
1,1,2,2 -TETRACHLOROETHANE
UG/L
CHLOROMETHANE
UG/L
BROMOMETHANE
UG/L
CARBONDISULFIDE
UG/L
2-HEXANONE
UG/L
ACROLEIN
UG/L
ACRYLONITRILE
UG/L
TRANS4,3-DICHLOROPROPENE
UG/L
CIS -1,3 -DIC H LOROPROPEN E
UG/L
2. Influent 3. Effluent 4. Effluent Method
Detection limit
.ND
ND 1.0
ND 1 1.0
ND 1.0
IND
ND
�ND
ND
ND
infeffrp-blank.doc • rev. 09/15/15 Groundwater Permit Discharge Monitoring Report • Page 1 of 1
Important:When
filling out forms on
the computer, use
only the tab key to
move your cursor -
do not use the
return key.
ram
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Groundwater Discharge Program
Groundwater Permit
DAILY LOG SHEET
A. Facility Information
1. Facility name, address:
'SERENITY BREWSTER WWTF
a. Name
873 HARWICH ROAD
b. Street Address
BREWSTER
C. City
2. Contact information:
MAHEEN AKHTER
a. Name of Facility Contact Person
6178526110
b. Telephone Number
3. Sampling information:
X2/29/2024
a. Date Sampled (mm/dd/yyyy)
RICK BRULOTTE
c. Analysis Performed By (Name)
B. Form Selection
599 f
1. Permit Number
r
2. Tax identification Number
2024 FEB DAILY
3. Sampling Month & Frequency
MA 02631
d. State e. Zip Code
imakhter@elevationfinancialgroup.com
c. e-mail address
WHITEWATER
b. Laboratory Name
1. Please select Form Type and Sampling Month & Frequency
Daily Log Sheet - 2024 Feb Daily
r All forms for submittal have been completed.
2. This is the last selection.
3. r Delete the selected form.
gdpols 2015-09-15.doc • rev. 09/15/15 Groundwater Permit Daily Log Sheet • Page 1 of 1
- Massachusetts Department of Environmental Protection 1599
Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number
_ Groundwater Permit
2.'Tax identification Number
DAILY LOG SHEET 2024 FEB DAILY
LL 3. Sampling Month & Frequency
C. Daily Readings/Analysis Information
Date
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
Effluent Reuse Irrigation Turbidity Influent pH Effluent Chlorine tN
Flow GPD FIowGPD Flow GPD pH Residual Intensity
(mg/1) (%)
7764
aQG7
7021
6682
E::=
7.2
6.9
6.5
6.5
6.7
6.7
6.8
6.8
6.6
6.8
6.9
6.9
6.6
6.8
6.8
7
7
7
6.8
6.8
gdpols.doc • rev. 09/15/15 Groundwater Permit Daily Log Sheet • Page 1 of 1
Important:When
filling out forms on
the computer, use
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move your cursor -
do not use the
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VQ
IL ff
[W A �
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Groundwater Discharge Program
Groundwater Permit
MONITORING WELL DATA REPORT
A. Facility Information
1. Facility name, address:
SERE TYIN BREWSTER WWTF
a. Name
873 HARWICH ROAD
b. Street Address
BREWSTER
C. City
2. Contact information:
599
1. Permit Number
2. Tax identification Number
2024 FEB MONTHLY
3. Sampling Month & Frequency
MA 02631
d. State e. Zip Code
MAHEEN AKHTER
a. Name of Facility Contact Person
6178526110 makhter@elevationfinancialgroup.com
b. Telephone Number c. e-mail address
3. Sampling information:
2/12/2024
a. Date Sampled (mm/dd/yyyy)
RICK BRULOTTE
c. Analysis Performed By (Name)
S. Form Selection
WHITEWATER
b. Laboratory Name
1. Please select Form Type and Sampling Month & Frequency
Monitoring Well Data Report - 2024 Feb Monthly
F All forms for submittal have been completed.
2. F This is the last selection.
3. r Delete the selected form.
gdpols 2015-09-15.doc • rev 09/15/15 Groundwater Permit Daily Log Sheet • Page 1 of 1
Massachusetts Department of Environmental Protection 599
Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number
.._, Groundwater Permit 2. Tax identiffcationNumber
MONITORING WELL DATA REPORT
, 2024 FEB MONTHLY
3. Sampling Month & Frequency
C. Contaminant Analysis Information
• For "0", below detection limit, less than (<) value, or not detected, enter "ND" <
• TNTC = too numerous to count. (Fecal results only)
• NS =Not Sampled
• DRY = Not enough water in well to sample.
Parameter/Contaminant MW1 MW2 MW3 MW4
Units Well #: 1 Well #: 2 Well #: 3 Well #: 4 Well #: 5 Well #: 6
PH 5.9 5.7 5.4 4.9
S.U.
STATIC WATER LEVEL 59.2 58.7 59.8 30.1
FEET
SPECIFIC CONDUCTANCE 477 126 128 112
UMHOS/C
mwdgwp-blank.doc • rev. 09/15/15 Monitoring Well Data for Groundwater Permit • Page 1 of 1
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filling out forms on
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only the tab key to
move your cursor -
do not use the
return key.
Any person signing
a document under
314 CMR 5.14(1) or
(2) shall make the
following
certification
If you are filing
electronic -ally and
want to attach
additional
comments, select
the check box.
F
Massachusetts Department of Environmental Protection 1599
Bureau of Resource Protection - Groundwater Discharge Program 1. Permit Number
Groundwater Permit
2. "fax identification Number
Facility Information
SERENITY BREWSTER WWTF
a. Name
,873 HARWICH ROAD
b. Street Address
BREWSTER IMA .072631
C. City d. State e. Zip Code
Certification
'I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that ther
are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
ELIZABETH BELAIR 3/26/2024
a. Signature
b. Date (mmldd/yyyy)
Reporting Package Comments
.FACILITY WAS IN FULL COMPLIANCE WITH ALL PERMIT REQUIREMENTS FOR THE MONTH
gdpols 2015-09-15.doc • rev. 09/15/15 Groundwater Permit • Page 1 of 1
MassDEP
Maura T. Healey
Governor
Kimberley Driscoll
Lieutenant Governor
Commonwealth of Massachusett�s
Executive Office of Energy & Environmental Affairs
Department of Environmen
R E C E I V E D
[MAR 2 3� .
I
to Cti oh
Southeast Regional Office • 20 Riverside Drive, Lakeville MA 02347.508-946-2700
Cape Cod Ready Mix, Inc.
Attn: Peter Joy, Vice President
P.O. Box 283
Orleans, MA 02653
Sent by e-mail only to: peter@capecodreadymix.com
Dear Mr. Joy:
Rebecca L. Tepper
Secretary
March 26, 2024
RE: BREWSTER - BWSC
Release Tracking Number: 4-0030176
4053 Main Street
NOTICE OF RESPONSIBILITY
THIS IS AN IMPORTANT NOTICE.
FAILURE TO TAKE APPROPRIATE ACTION IN RESPONSE
TO THIS NOTICE COULD RESULT IN SERIOUS LEGAL CONSEQUENCES.
Bonnie Heiple
Commissioner
The Massachusetts Department of Environmental Protection, Bureau of Waste Site Cleanup (MassDEP or
the Department) is tasked with ensuring the cleanup of oil and hazardous material (OHM) releases
pursuant to the Massachusetts Oil and Hazardous Material Release Prevention and Response Act (M.G.L.
c. 21E or Chapter 21E). The law is implemented through regulations known as the Massachusetts
Contingency Plan (310 CMR 40.0000 et seq. — the MCP). Both Chapter 21E and the MCP require the
performance of response actions to provide for the protection of harm to health, safety, public welfare
and the environment which may result from releases and/or threats of releases of OHM.
REASON FOR THIS NOTICE
On March 8, 2024 at 01:02 pm, MassDEP received a notification from Allen Walker of Clean Harbors
Environmental Services regarding a release of oil at the above referenced location. An 8,000 gallon above
ground storage tank (AST) leaked an estimated 500 gallons of diesel fuel into a secondary containment
equipped with a drain for accumulated rainwater. Additionally, an estimated 30 gallons of diesel fuel drained
from the secondary containment onto a concrete pad and clogged catch basin. Pursuant to 310 CMR
40.0311(3), this release requires notification to MassDEP within two (2) hours of obtaining knowledge, and
pursuant to 310 CMR 40.0412(1) this release requires that an Immediate Response Action (IRA) be conducted.
This information is available in alternate format Please contact Melixza Esenyie at 617-626-1282.
TTY# MassRelay Service 1-800439-2370
MassDEP Website: www.mass.govidep
Printed on Recycled Paper
Notice of Responsibility Page 2 of 4
Release Tracking Number 4-0030176
Chapter 21E and the MCP require the performance of response actions to prevent harm to health, safety,
public welfare and the environment which may result from this release and govern the conduct of such
actions. The purpose of this notice is to inform you of your legal responsibilities under State law for assessing
and/or remediating the release at this property. For purposes of this Notice of Responsibility (NOR) the terms
and phrases used herein shall have the meaning ascribed to such terms and phrases by the Chapter 21E and
the MCP unless clearly indicated otherwise.
STATUTORY LIABILITY
MassDEP has reason to believe that you (as used in this Notice, "you" and "your" refers to Cape Cod Ready
Mix, Inc.), as the current owner of the property where a release has occurred of oil or hazardous material, are
a Potentially Responsible Party (PRP) with liability under M.G.L. c. 21E §5, for response action costs. Section
5 makes the following parties liable to the Commonwealth of Massachusetts: current owners or operators
of a site from or at which there is or has been a release/threat of release of oil or hazardous material; any
person who owned or operated a site at the time hazardous material was stored or disposed of, any person
who arranged for the transport, disposal, storage or treatment of hazardous material to or at a site; any
person who transported hazardous material to a transport, disposal, storage or treatment site from which
there is or has been a release/threat of release of such material; and any person who otherwise caused or is
legally responsible for a release/threat of release of oil or hazardous material at a site.
This liability is "strict", meaning that it is not based on fault, but solely on your status as owner, operator,
generator, transporter, disposer or other person specified in M.G.L. c. 21E §5. This liability is also "joint and
several", meaning that you may be liable for all response action costs incurred at a disposal site regardless of
the existence of any other liable parties. Pursuant to M.G.L. c. 21E and the MCP the term disposal site means
anywhere OHM has come to be located.
MassDEP encourages parties with liability under M.G.L. c. 21E to take prompt and appropriate actions in
response to releases and threats of release of oil and/or hazardous materials. By taking prompt action, you
may significantly lower your assessment and cleanup costs and/or avoid liability for costs incurred by
MassDEP in taking such actions.
You may be liable for up to three (3) times all Response Action Costs incurred by MassDEP. Response Action
Costs include, without limitation, the cost of direct hours spent by MassDEP employees arranging for
response actions or overseeing work performed by persons other than MassDEP or its contractors, expenses
incurred by MassDEP in support of those direct hours, and payments to MassDEP's contractors. (For more
detail on cost liability, see 310 CMR 40.1200.)
MassDEP may also assess interest on costs incurred at the rate of twelve percent (12%), compounded
annually. To secure payment of this debt, the Commonwealth may place liens on your property in the
Commonwealth. To recover the debt, the Commonwealth may foreclose on these liens or the Attorney
General may bring legal action against you.
In addition to your liability for up to three (3) times all Response Action Costs incurred by MassDEP, you may
also be liable to the Commonwealth for damages to natural resources caused by the release. Civil and
criminal liability may also be imposed under M.G.L. c. 21E, § 11, and civil administrative penalties may be
imposed under M.G.L. c. 21A, § 16 for each violation of M.G.L. c. 21E, the MCP, or any order, permit or
approval issued thereunder.
Notice of Responsibility Page 3 of 4
Release Tracking Number 4-0030176
By taking prompt actions you may also avoid the imposition of, the amount of or reduce certain annual
compliance assurance fees payable under 310 CMR 4.00.
You should be aware that you may have claims against third parties for damages, including claims for
contribution or reimbursement for the costs of cleanup. Such claims do not exist indefinitely but are governed
by laws which establish the time allowed for bringing litigation. MassDEP encourages you to take any action
necessary to protect any such claims you may have against third parties.
If you are a responsible party and you have reason to believe that your performance of the necessary
response actions is beyond your technical, financial or legal ability, you should promptly notify the
Department in writing of your inability in accordance with MGL c. 21E, subsection 5(e), and 310 CMR 40.0172.
If you assert or demonstrate in compliance therewith that performing or paying for such response action is
beyond your ability, subsection 5(e) provides you with a limited defense to an action by the Commonwealth
for recovery of two to three times the Department's response action costs and 310 CMR 40.0172 provides
you with a limited defense to the Department's assessment of civil administrative penalties.
Please refer to M.G.L. c. 21E for a complete description of potential liability.
ORALLY APPROVED IMMEDIATE RESPONSE ACTION
As outlined above, and pursuant to 310 CMR 40.0412(1)., this release requires that an IRA be conducted. At
the time of oral notification to MassDEP, the following response actions were approved as an IRA:
• Continued assessment.
• Deployment and removal of absorbent/containment materials.
• Product Recovery from the AST, secondary containment and catch basin depression area.
• Removal of contaminated sand/soil in the secondary containment and catch basin area.
All Remediation Waste generated must be properly stored/handled and disposed as soon as possible and,
in all cases, within 120 days from the date of generation per 310 CMR 40.0030.
ADDITIONAL ACTIONS REQUIRED
Additional submittals are necessary relative to this notification including, but not limited to, a written IRA
Plan, IRA Completion Statement and/or a Permanent or Temporary Solution Statement. The MCP requires
that a fee of $1,470.00 be submitted to MassDEP when a Permanent Solution Statement is filed greater
than 120 days from the date of initial notification.
Specific approval is required from MassDEP for the implementation of most IRAs pursuant to 310 CMR
40.0420. Release Abatement Measures (RAMS) may not be conducted until a RAM Plan is submitted pursuant
to 310 CM R 40.0443. Assessment activities, the construction of a fence and/or the posting of signs are actions
that are exempt from this approval requirement.
Notice of Responsibility Page 4 of 4
Release Tracking Number 4-0030176
In addition to oral notification, 310 CMR 40.0333 requires that a completed Release Notification Form (BWSC-
103) be submitted to MassDEP within sixty (60) calendar days of March 8, 2024.
You must employ or engage a Licensed Site Professional (LSP) to manage, supervise or perform the necessary
response actions to address this release/threat of release. You may obtain a list of the names and addresses
of these licensed professionals from the Board of Registration of Hazardous Waste Site Cleanup Professionals
by calling (617) 556-1091 or visiting http://www.state.ma.us/Isp. MassDEP records indicate that Allen Walker
of Clean Harbors Environmental Services is the LSP of Record for this release.
Unless otherwise provided by MassDEP, potentially responsible parties (PRPs) have one year from the initial
date of notification to MassDEP of a release, pursuant to 310 CMR 40.0300, or from the date MassDEP issues
a Notice of Responsibility, whichever occurs earlier, to file with MassDEP one of the following submittals: (1)
a completed Tier Classification Submittal; (2) a Permanent or Temporary Solution Statement or, if applicable,
(3) a Downgradient Property Status. The deadline for either of the first two submittals for this release is
March 8, 2025.
This release shall not be deemed to have had all the necessary and required response actions taken unless
and until all substantial hazards presented by the release have been eliminated and a level of No Significant
Risk exists or has been achieved in compliance with Chapter 21E and the MCP. The MCP requires persons
undertaking response actions to address a release to submit to MassDEP a Permanent Solution Statement
prepared by an LSP in accordance with 310 CMR 40.1000 upon determining that a level of No Significant Risk
already exists or has been achieved relative to the release.
If you have any questions relative to this Notice, please contact Andrew Cooney at the letterhead address, at
peter@capecodreadymix.com or at 617-680-4687. All future communications regarding this release must
reference the following Release Tracking Number: 4-0030176.
Sincerely,
-D, 61`---
Dan
`—"
Dan Crafton, Chief
Emergency Response Section
Bureau of Waste Site Cleanup
C/AWC
ec: Town of Brewster:
Board of Health
Select Board
Fire Department
DEP-SERO - Data Entry