HomeMy Public PortalAboutWMSC Minutes 2008-11-06 Date Approved:�December 4.2008
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WASTEWATER MANAGEMENT STEERING COMMITTEE
Minutes of November 6, 2008
A meeting of the Wastewater Management Steering Committee was called to order at 9:00 a.m. in the
Skaket Meeting Room at the Orleans Town Hall. The following committees were represented:
Wastewater Management Steering Committee:Augusta McKusick(Board of Health); Sims McGrath
(Planning Board); Ann Hodgkinson(Board of Water Commissioners); Judith Brice(Conservation
Commission); John Hinckley(Board of Selectmen)—late arrival;Walter Bennett(Finance Committee);
George Meservey(Planning Director). Wastewater Validation &Design Committee: Jeffrey Eagles,
and Ed Daly. Board of Selectmen: David Dunford. Citizen's Advisory Committee: John
Hodgkinson,Bob Donath; and Andree Yager. Wright-Pierce Representatives: Michael Giggey,
Heather Merriman and Ed Leonard. Also in attendance: Alan McLennan.
APPROVAL OF MINUTES: October 23 2008
MOTION: On a motion by Sims McGrath, seconded by Ann Hodgkinson,the Board voted to
approve the minutes of October 23,2008.
VOTE: 4-0-0 The motion passed unanimously. (John Hinckley had not arrived yet)
CITIZEN'S ADVISORY COMMITTEE
John Hodgkinson gave a summary of Citizen's Advisory Committee accomplishments in light of the
positive October 27,2008 town meeting vote on the draft Comprehensive Wastewater Management Plan.
Hodgkinson reported that the Citizen's Advisory Committee voted that their charge is complete and
recommended that they be disbanded,unless a new and meaningful role is created for the committee.
Judith Bruce stated the continuing need for public outreach and education on wastewater issues. Ann
Hodgkinson pronounced that there will be a need for the Citizen's Advisory Committee when the final
Comprehensive Wastewater Management Plan is completed. Sims McGrath commented that only one
goal has been achieved and there is still a vital role for the Citizen's Advisory Committee,but not at this
time,therefore perhaps a hiatus from meeting is in order. The Wastewater Management Steering
Committee recommended that the Citizen's Advisory Committee inform the Board of Selectmen that their
charge is complete and request to be disbanded or given a more explicit charge and reorganize the
Citizen's Advisory Committee.
Wastewater Management Steering Committee Minutes—November 6, 2008 Page 1 of 4
MOTION: On a motion by Sims McGrath, seconded by Judith Bruce,the Board voted to
extend a thank you to the Citizen's Advisory Committee and recommend that they continue as a
committee.
VOTE: 4-0-0 The motion passed unanimously. (John Hinckley had not arrived yet)
COMMITTEE REPORTS:
Conservation Commission-Bruce reported on the following items:
❖ The public presentation of the Muddy Creel-,report on natural attenuation of nitrogen.
❖ The Orleans Pond Coalition recommendation to include Nitrogen attenuation by shellfish in the
Comprehensive Wastewater Management Plan.
John Hinckley arrived at the meeting.
COMPREHENSIVE WASTEWATER MANAGEMENT PLAN TASKS
The committee discussed future tasks as noted on Gussie McKusick's list dated November 6,2008(see
attached),which will need to be done in order to complete the Comprehensive Wastewater Management
Plan. The committee discussed ongoing communications with the Department of Environmental
Protection and agreed on the need to work with various agencies informally prior to formal filings.
During a discussion regarding UD toilets, Gussic reported on an effort by George Heufelter to do a
regional pilot study and asked Selectman Dunford to engage the Board of Selectmen in seeking property
owners who would be willing to participate. McGrath requested a revised list of tasks for individual
boards, such as the adoption of 83A and Flow Neutral Regulations.
WRIGHT-PIERCE DISCUSSION OF FUTURE TASKS
Giggey discussed proceeding forward through the planning, design and construction phases. Questions
were raised regarding determining the line between planning and design. Giggey discussed the following
correspondence with the Wastewater Management Steering Committee(see attached letter):
® Wright-Pierce letter entitled, "Orleans Comprehensive Wastewater Management Plan:
Remaining CWMP Tasks and Early Planning Tasks", dated November 3, 2008
The committee discussed the following list to be completed by June 2009:
1. Fine tune the plan in the Massachusetts Environmental Protection Agency process
2. Address town meeting and public comments on the draft Comprehensive Wastewater
Management Plan.
3. Incorporate the Nauset Massachusetts Estuaries Project report.
4. Adapt to validation study results.
5. Refine the financial analysis.
Wastewater Management Steering Committee Minutes—November 6, 2008 Page 2 of 4
6. Plan for the May 2009 town meeting
a. Appropriation
b. Growth Neutral Bylaw
7. Address Tri-Town Issues
8. Position town for Department of Environmental Protection approval of desired plan
a. Phasing
b. Total Maximum Daily Load compliance
9. Research cluster systems.
10. Financial planning—growth neutral.
Subsequent discussions included the following items:
*:• Gaining concurrent in the general plan for septage and land acquisition.
❖ Using place holders in the Regionalization Study for the Eastham portion of the Nauset Estuary.
❖ Town take-over of individual septic systems.
o Walter Bennett cautioned about the need to weigh the take-over of systems against the
over all cost of full sewering of the town. It may be more cost effective to plan to sewer
the whole town.
•;• Ed Daly recommended that the Wright-Pierce list be put onto a schedule to see how things fit
together.
ENVIRONMENTAI,NOTIFICATION FILING
The committee discussed the process of submitting the Environmental Notification Filing(ENF). The
Wastewater Management Steering Committee discussed filing the Environmental Notification Filing
As well as all the various filings that must be done prior to the Environmental Notification Filing. It was
also discussed the lengthy time to get responses and the need to get the process moving. An
Environmental Notification Filing is NOT a Department of Environmental Protection approval of a draft
Comprehensive Wastewater Management Plan. Michael Giggey(Wright-Pierce)also pointed out that an
Environmental Notification Filing is simply a notification to a long list of agencies what our plan is and
they get to review and comment on the Plan regarding the Environmental impacts it may have. The chair
asked the Wastewater Management Validation&Design Committee what they thought of proceeding
with an Environmental Notification Filing at this point. Eagles and Daly concurred on the decision to
start this process with Daly adding that some wording should be added to indicated a validation process is
under way. Selectman Dunford was also asked,and said that he could not speak for his Board of
Selectmen colleagues,but he did not see a problem with proceeding.
MOTION: On a motion by Sims McGrath, seconded by Ann Hodgkinson,the Board voted to
petition the Board of Selectmen to submit an Environmental Notification Filing as soon as
possible.
VOTE: 5-0-0 The motion passed unanimously.
Wastewater Management Steering Committee Minutes—November 6, 2008 Page 3 of 4
MASSACHUSETTS ESTUARIES PROJECT
The committee discussed the impact of the Massachusetts Estuaries Project delays on finalizing the
Comprehensive Wastewater Management Plan and proceeding toward design and construction.
ADJOURNMENT
The meeting adjourned at 11:56 a.m.
Respectfully submitted,
C
Karen C. Sharpf6ss
Recording Secretary
Wastewater Management Steering Committee Minutes—November 6, 2008 Page 4 of 4
DRAFT - Task list for WMSC discussion 11/6/08 (G. McK.)
Wm8c
(Chair's commentary in italics)
1. WMSC needs to realistically assess the critical tasks that lay before the town, attempt
to direct responsibility to each task, and determine the WMSC role in moving forward.
I think there is a very real possibility that the WMSC committee will be disbanded
when the current appointments are completed 6130109. This would be in conflict
with our "charge"but that is the way I am feeling it may play out Since a
leadership role, dedicated to moving this CWMP forward, is uncertain at best we
need to ask how best we develop and support insuring that the leadership
emerges. We also need to decide on how frequently we meet in the remaining 8
months. We could possibly have only 16 more meetings if we choose to meet
twice a month.
2. We need to support the process of validation and support the building committee in
meeting their goal of having their preliminary tasks of validation completed by May `09
3. Facilitate regional options and Tri-Town negotiations
4. We need to report as early as possible to the BoS on our plans and try to gain
support.
The BoS need assurance that the step of referring the draft CWMP to DEP does
NOT preclude future amendments. The filing of the ENF is merely a way to
obtain a final list of issues that state agencies will require to be addressed in the
final CWMP. It commits the town to nothing. We can proceed on multiple fronts
without locking the town into changes that may be incorporated after the
validation task. We need to position the Town to be eligible for preferential
funding in the window of availability.
5. We need to address the comments made a Town Meeting to seek consensus in
several areas, including the following:
Inclusion of some properties " W. Orleans" in the sewering plan
Responsibility for developing fertilizer reduction plan
Progress on storm water mitigation plan
Referring UD toilet concept to pilot study
Town ownership of non sewered Title 5 systems
Dredging options
Develop a "education booklet" explaining the misconceptions voice at TM
6. Facilitate formation of Water and Sewer commission and aid in formation of task list
(including writing Sewer Regulations)
7.Identify outstanding Wright-Pierce contract tasks associated with the CWMP.
Wright-Pierce
1. Up date Pre-Design Expenses
In the W-P memo 4/8/08- 8 April 2008, there are 10 tasks and list associated
costs. We need an update that refines the tasks and plan on puffing this forward
in coordination with the Finance Committee, Building Committee and BoS &
Town Administrator
2. Up date Operation and Maintenance cost details
3. Complete the Regionalization Study and present it to the public
BOS
1. Work toward establishing a working relationship with Eastham and Brewster with time
lines and goals regarding: (leadership role?)
Tri Town IMA and new agreements earlier than renewal date
Statement of intent for future wastewater solution options
2. Submission of Draft CWMP to all review processes with clear understanding of
amendment opportunities.
It will be impossible for our WMSC or ANY committee to be able to start with any
non structural options OR seek grant monies if we have not submitted the draft
CWMP for action. Submission of the draft opens the doors to more options and
does not preclude future changes. This is the rationale of a phased, adaptable
Plan
3. -identify and support adoption of Chapter 83A as a local option.
FinCom
1. Work with committee to identify funding sources and financing issues.
Building Committee
1. Work to get this committee involved with the implementation tasks and encourage
transition process.
2. Enable the completion of the validation process to occur 5/09
CAC
1. Consider whether a continued active role is necessary at this stage.
Water
WRIGHT- Wastewater
Engineering a Better Environmenil Infrastructure
November 3, 2008
WP Proj.No. 10645D
Mr. George Meservey
Town of Orleans
Town Hall
19 School Road
Orleans,MA 02653
Subject: Orleans Comprehensive Wastewater Management Plan
Remaining CWMP Tasks and Early Planning Tasks
Dear George:
The pin-pose of this letter is to respond to your request for an updated list of tasks associated with
completing the CWMP and moving into the design phase of the wastewater project.
First, let us reiterate what we understand to be the broad schedule for the project:
FY 2009—July 2008 to June 2009: Complete CWMP
FY 2010—July 2009 to June 2010: Preliminary design of overall plan
FY 2011---Jully 2010 to June 2011: Final design of Phase 1 facilities
FY 2012—July 2011 to June 2012: DEP approval and bidding of Phase 1 facilities
Of course, this broad schedule is not precise. Some CWMP work (EIR filing and DEP approval of
CWMP, for example) will extend beyond June 2009, and some preliminary designs may start before
July 2009. Nonetheless, this simplified outline provides a convenient set of benchmarks.
We have prepared the attached 5-page list of tasks to begin to address your request. This list is
segmented into two sections, generally separating the planning and preliminary design tasks. For
each task we have listed some of the major sub-tasks. Please view this task list as a working draft.
Feel free to add items we may have overlooked, or add detail to help clarify anything that is
confusing.
Please note that every CWMP is different in terms of the level of detail provided for certain items. In
many ways the current draft CWMP is on a par with the typical final CWMP, and the tasks we have
suggested to be accomplished between now and next summer are intended to:
• Address public concerns raised at the October 27 Special Town Meeting;
• Provide a more complete package for MEPA review(and thus streamline that process);
Offices Throughout New England I www.wright-pierce.com 99 Main Street
Topsham,ME 04086 USA
Phone 207.725.8721 1 Fax 207.729.8414
Mr. George Meservey
November 3,2008 R
Page 2
• Address in more detail new concepts that became part of the recommended plan, such as the
use of cluster systems; and
• Create a plan that is readily approved by DEP next fall.
With the October 2 public meeting and the October 27 Special Town Meeting, we are all intimately
familiar with the contents of the draft CWMP, and it is cost-effective to move forward now to update
the draft, responding to recent public continent and building on the momentum generated during
those meetings.
As you review the attached task list,please keep in mind our recommended approach to gaining DEP
approval of the final CWMP next year. First, Brian Dudley at DEP has reviewed and commented on
the first three draft reports, and we expect his comments on the draft CWMP in the near future.
Second, DEP, along with numerous other state and federal agencies, will be asked by the Executive
Office of Energy and Environmental Affairs (EOEEA) to comment on the Environmental
Notification Form (ENF) to be submitted this fall under the MEPA program. This provides two
opportunities for DEP input on the draft plan. Next summer we will submit an Environmental Impact
Report to MEPA, and the same set of state and federal agencies (including DEP)will again be able to
eonnnent on the plan, including any new material prepared in response to ENF comments. Following
the completion of MEPA review, the Town should submit the final CWMP to DEP asking for formal
approval. That request should include some very specific review items (such as the phasing plan), so
that the ultimate DEP approval covers not just the CWMP, but the TMDL compliance plan that is
integral to it.
No one should portray DEP involvement in the MEPA process, or its review of the draft CWMP, to
be that important formal approval that is intended to occur in the fall of 2009.
Let's use this task list as a convenient way to confirm completion of each item in our current scope of
work, and as a basis for contract amendments for items not in the current scope.
We will be prepared to discuss this material with the WMSC at its meeting on November 6. In the
meantime, please call us if there are any questions on this subject.
Very truly yours,
WRIG'�T)-PIE E
Michael D. Giggey,P.E.
Senior Vice President
Attachment
Draft#2—3 Nov 08
ORLEANS WASTEWATER PLANNING AND DESIGN
----Tasks to Prepare Final CWW (generally to be completed through June 2009)----
1. Coordination/review of MEP Technical Reports
a. Review Nauset report when available
b. Provide comments on Namskaket, Little Namskaket and Rock Harbor reports
c. Review DEP validation study
d. Review Town validation study and assist Validation/Design Committee
e. Reconcile WP and MEP nitrogen load estimates
f Contract with SMAST (or others) to make confirmatory model runs
g. Update Section 11 of draft CWMP to reflect new or modified TMDL-related
information
2. Provide more detail on cluster systems
a. Consider additional sites in Nauset watershed(Mill Pond, e.g.)
b. Prepare conceptual designs
c. Identify sites
d. Prepare/update cost estimates
e. Identify permitting/approval issues
f. Add detail to CWMP
3. Provide additional detail on Site 241 development
a. Firm up layout of tanks and buildings
b. Firm up layout of RI basins
c. Update Figure 11-2 of CWMP
d. Prepare illustrative materials for further public consultation
4. Complete draft Site 241 soils and groundwater studies
a. Discuss and resolve CCC comments on draft reports
b. Finalize reports for printing in final CWMP appendix
5. Coordination with Mass Historical Commission (Site 241 archaeology)
a. File project notification form
b. Address MHC concerns(meeting needed?)
c. Supplement draft CWMP write-up if necessary
6. Coordination with Dept of Conservation and Recreation (endangered species issues)
a. File project notification form
b. Address DCR concerns (meeting needed?)
c. Supplement draft CWMP write-up if necessary
Page 1 of 5
Draft#2—3 Nov 08
7. Coordination with CZM(A.CEC issues)
a. Attend meeting if needed
b. Supplement draft CWMP write-up, if necessary
8. Address PEP and CCC comments on draft CWMP
a. Attend meeting if needed
b. Supplement draft CWMP write-up(or issue response memo)
9. Address private wastewater facilities
a. Draft proposed policy
b. Meet with COJ and Skaket Corner owners
c. Discuss possible Town lalce-over and re-rating with DEP
10. Provide more detail on non-structural program(STM comment)
11- Gain Brewster-Eastham concurrence in general plan for septage and land acquisition
12. Prepare"white papers" to address comments received at STM
13. File ENF with Executive Office of Energy and Environmental Affairs
a. Prepare ENF
b. Submit to EOEEA
c. Arrange for required distribution
d. Meet with MEPA unit(if necessary)
e. Review EOEEA Secretary's decision on ENF
14. File EIR with EOEEA
a. Draft written materials in response to ENF decision
b. Submit to EOEEA
c. Arrange for required distribution
d. Meet with MEPA unit (if necessary)
e. Review EOEEA Secretary's decision on EIR
15. File DRI application with CCC and coordinate with MEPA review
16.Review pond protection plan
a. Address George Meservey's comments on Baker's Pond
b. Re-address Cedar Pond needs in review of MEP report on Rock Harbor
c. Set up process for more detailed pond assessments
17. Complete Regionalization Study
a. Gain Eastham/Brewster buy-in for wastewater flow estimates
b. Complete technical evaluations
c. Present interim findings to WMSC
d. Prepare expanded Section 9 for CWMP
e. Present results to three Boards of Selectmen
Page 2 of 5
Draft#2—3 Nov 08
18. Present draft CWMP to Pleasant Bay Alliance Watershed Work Group
19.Address potential Town take-over of individual septic systems
a. Review WP letter of 12 May 08 with WMSC and invited guests (B. Woods?)
b. Add paragraphs for CWMP accordingly
20. Coordinate with Town studies of public works facility and wind turbine
21.Expand on financial analysis
a. Insert notes/data from STM slides
b. Add BOS policy as appendix in CWMP
c. Estimate initial-year O&M costs that will not be covered by user fees
d. Provide input to Capital Improvements Plan
e. Establish strategy for optimizing zero-interest loan eligibility
f File necessary SRF paperwork
22. Expand on Appendix C (public consultation)
a. Add paragraph on 2 Oct 08 public meeting
b. Add paragraph on 27 Oct 08 TM
c. Add paragraph on 7 Oct 08 OCF meeting
23. Replace "top-down" cost estimates with "bottom-up" estimates
a. Expand on costs for cluster systems (inel. land)
b. Expand on costs for non-structural program
c. Add costs for expansion of water service
d. Amend pertinent text and tables in Section 11 of CWMP
24. Address sewer phasing
a. Establish alternative phasing criteria
b. Consider other phasing plans
c. Consider sewers for properties near Site 241
25. Prepare detailed plan for permits and approvals
26. Provide assistance to Board of I3ealth
a. Nutrient control regulation
b. Escrow policy
c. Policy on individual N-removing systems
27. Adopt Growth-Neutral bylaw(for SRF eligibility)
28. Identity opportunities for Public-Private Partnerships
29. Address possible supplemental Town facilities (public toilets, RV pump-out station,
etc)
Page 3 of 5
Draft#2—3 Nov 08
-----Early Design Tasks (generally to be completed between July 2009 and.Tune 2010)----
30. Prepare first annual report to DEP,re: TMDL compliance
31.Negotiate with Eastham and Brewster on capacity for wastewater
a. Determine if either town will have formal role in Orleans facilities
b. Sign MOU related to long-term intentions
c. Establish future checkpoints to con.hrm/modify intentions
32.Undertake additional soils and groundwater investigations
a. Supplemental, confirmatory work at Site 241
b. New work at cluster sites
33. Facilitate transition at Tri-Town
a. Prepare contingency plan for major repairs
b. Detennine fate of IMA
c. Negotiate with Brewster grid Eastham on salvage value of existing facilities
d. Negotiate with Brewster and Eastham on their share of new septage facilities
(guaranteed capacity vs. spot-market rates)
e. Obtain release for use of land for Phase 1 facilities
34. Begin work on non-structural elements of plan
a. Fertilizer control
b. Stornwater management
c. Water conservation
d. Nitrogen load reduction
e. Embayment flushing
f. Land use controls
35.Prepare energy conservation/generation plan and consider LIKED certification
36. Prepare preliminary design report
a. Establish all key design parameters and sizing
b. Include documentation for Groundwater Discharge Permit application
c. Update all cost estimates
d. Address overall sewer layout and phasing
e. Submit to DEP for review and concurrence
Page 4 of 5
Draft#2—3 Nov 08
37. Facilitate activities of new Water and Sewer Dept.
a. Staffing
b. Sewer Use Rules and Regulations
c. User Charge system
d. Checkerboard sewer rules
38. Establish land acquisition plan
a. Identify survey requirements
b. Address easements on private roads
c. Contract for property surveys
d. Assist in property valuation
39. Obtain DEP Groundwater Discharge permit
a. Obtain DEP approval of hydrogeology conducted to date and supplement if
needed j
b. Prepare application
c. Adapt sections of preliminary design report for application
d. Conduct public hearing
40. Obtain DEP site assignment for Tri-Town site
a. Prepare documents required under MGL Chapter 83 Section 6
b. Assist in DEP hearing
c. Consider joint hearing with GWD permit
41. Coordinate with other Town programs
a. Water main extensions
b. Easements on private roads
c. Road maintenance and upgrading plans
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