Meeting Minutes
January 11, 2006
7:30 P.M.
1.0 Preliminaries
1.1. Dale Nadeau opened the meeting at 7:30 PM.
1.2. Roll Call: Chairman Dale Nadeau, Dan Ehntholt and James Saart. Also in attendance Sam Wong Health Agent.
1.3. Additions or deletions to the agenda (See 6.1)
2.0 Hearings and Appointments
2.1 7:30 PM Appointment/Discussion – Continental Citgo – status report and discussion
Environmental Firm Wilcox and Barton attended the meeting to provide an update and general findings. DEP also in attendance.
Russ Barton, geologist from Wilcox and Barton and consultant to Continental Citgo began the presentation.
Monitoring Wells - Four (4) monitoring wells were installed and the water analysis results are in. The new monitoring wells are located in the right of ways next to 44 Lakeside Ave, 5 Babick Lake Dr and 6 Cold Springs Lane, another well on site at the Continental Citgo. The replacement well at the Continental Citgo had high concentrations of MTBE consistent with the prior readings of the old well. The original well MW104 was replaced by MW3 and is located on the downward side of the tanks in the gravely area. MW104 was destroyed by snow plows. Well test results show 44 Lakeside Ave at 2ppb and the others are no detect. The monitory wells are at elevations within the top 25 ft. Groundwater depth is 6-7 ft. There will be no deep well testing at this
point.
Private Drinking Water Wells – Wilcox & Barton is continuing to sample some of the potable water wells. There are twenty-three (23) wells within 1500 – 2000 ft. radius, nineteen (19) have been sampled. They have been unable to access four (4) of the wells and have sent another round of letters requesting access. Two of the wells are above the drinking water standards and have been connected to town water. The owner has connected four wells to town water: 20 Rock Ave, 42 Lakeside Ave, 50 Lakeside Ave and 56 Lakeside Ave. Nine (9) wells out of nineteen (19) had concentrations varying from 50 ppm to less than 1ppm, eight (8) wells are non-detect. Eight wells which have filters have been re-sampled. Generally the results have been
consistent or within variations.
Soil Samples - Soils samples indicate MTBE concentrations are low and no detect.
Questionnaire - Questionnaires were sent to 91 homes. The information will be helpful to map migration. Ninety-one (91) questionnaires were sent 91 sent, 37 people responded, 28 of those had irrigation wells, 9 do not. This helps to map migration.
Phase I Initial Site Investigation Report and Tier I Permit Application – Wilcox & Barton, Inc. is in the process of compiling the Phase I Investigation report which is a regulatory document that is due toward the end of January. Copies will be provided to the Board of Health and the Hudson Public Library.
Strategy – Wilcox & Barton is putting together a strategy for remedial testing to include a shallow vapor extraction well. All information will be extrapolated to come up with a plan for remediation. Pilot testing will follow as soon as possible (late winter/early spring). Along with the pilot testing, there will be more sampling and monitoring wells near the public water supply per the request of the Health Agent, Sam Wong. George McGee is working on funds for the associated costs.
Nick Child, DEP stated that DEP has the authority to review the remedial plan and has the authority to approve or deny the plan.
Well Sampling – All wells will be re-sampled in February to develop trending data. Results can vary due to seasonal fluctuations. Sampling is proposed to be conducted on a quarterly basis.
The abutters asked if the caused the problem has been determined and how can it be prevented from happening again. Wilcox & Barton stated that the tank has tested tight and the release happened at some point in time not determined. Wilcox and Barton stated that it is known that the contamination is in and around 706 Main St.
It was noted that the DEP has the regulatory system in place and regulated and monitored.
Attorney Don Magel stated that he is representing a few of the Lake Boon residents. He said that the residents are upset because they were initially kept “out of the loop” and did not know about the contamination for a year. His clients want to be informed within a reasonable period of time. He stated that the “PRP” has not taken responsibility for drinking water standards and requested that the PRP continue to test the wells. He stated that although DEP has standards, the Board of Health has independent authority with regard to standards of drinking water. He stated that we don’t know the source of the release or if it is continuing to leak. He noted that he has worked on cases where the release is still continuing. He asked about
response actions and whether all the wells down gradient have been sampled. He asked if the site has been adequately characterized. He noted the Tier Classification and the Response Action Outcome and questioned why we are addressing remedial alternatives before the identification of the contamination. He noted that Phase I is a numerical rank and the site needs to be adequately characterized.
Wilcox & Barton stated that the Health Agent has asked for more monitoring wells and the information in the report will include all sampling points. Then they will have a good idea of the Remedial Response Outcome. All documents will be available at the Hudson Public Library and also submitted to the Board of Health Office.
An abutter asked about the neighbor who reported a petroleum smell in their backyard. Paul Plagee stated that he inspected the basement and the new sump pump and did not detect any odors. He has checked the outside area and will continue to investigate, however he has done no testing to date.
Abutters expressed concern that the regulations are in place however there is still a problem. Abutters asked the Board of Health to act higher than DEP.
Abutters asked when sampling of the irrigation wells will be done. Wilcox & Barton stated that the original program is to test drinking water wells and further down the list is to test the irrigation wells. This continues to be part of the plan.
Janet Humes LSP, environmental geologist representing some of the abutters asked questions about the Phase I environmental impact report. She asked how Wilcox and Barton defining the site. They stated that until they can prove otherwise they are defining the site with a box around the entire neighborhood. Ms. Humes asked when will Mr. McGee become eligible for 21J Fund. She noted that 21J provides funding for cases like this and a consultant advises the property owner. She noted that this funding will help to increase the testing frequency. Ms. Humes is concerned that people have been drinking the water. She stated that the Mass Contingency Plan and regulations are changing in mid April. The changes will provide notification and information to the abutters.
She stated that part of the problem is that people did not know about the problem.
Wilcox & Barton stated that since their involvement all things have happened timely.
Abutters asked if they will ever be able to drink the water again. Nick Childs, DEP stated that MTBE is very hard to get out of the groundwater. He stated that entire towns are contaminated. He stated that the long term solution is hooking up to public water and also the cleanup.
Matthew Michela stated that the data shows no MTBE in the water until 2004.
It was noted that the town public drinking water supply has less than 2 parts per billion and that much of the drinking water in town has traces.
Atty. Magel encouraged Wilcox & Barton to test more often to gain the confidence of the neighborhood and provide results so that neighborhood can know each others results.
There was discussion about methodology for removal of MTBE: air sparging, air stripper and thermal or catalistic oxidizers.
Abutters asked what the PRP is doing to supply water. McGee claimed that everyone is getting water. Board of Health Administrator, Katrina Proctor noted that she has received recent phone calls from 11 Rock Ave and 36 Lakeside Ave stating they are not receiving water. McGee said he didn’t know that 36 Lakeside Ave. was out of water and that 11 Rock Ave. would be discussed during the public appeal hearing tonight.
BOH member, Dan Ehntholt asked DEP about enforcement. Bob Dunne, DEP stated that the standard practice is that any well above 70 ppb be hooked up to public water or a filter system with sampling every month. He stated that in this case anyone above 70 is to be hooked up to town water, 0-70 provided bottled water. He recommended that the PRP contract with a supply company to provide water in a timely manner. DEP will require irrigation well testing in the Phase I Tier I Plan.
Wilcox and Barton stated that Continental Citgo didn’t have any knowledge of MTBE in private wells until the 40 Lakeside Ave Response Action. At that time they called Wilcox & Barton and asked to them to evaluate all the data. DEP determined that 40 Lakeside Ave retract their report and then named Continental Citgo the potential responsible party. In January 2005 MTBE was found in monitoring wells and in August 2005 there was detection. By the end of October letters were sent out requesting to sample private wells. It is his perception that it has only been 3-4 months and not a year.
Michela stated that in November 2004 the owner and their consultant at the time Corey Management knew of the high levels of MTBE. He stated that DEP knew about this in November 2004; however the residents were not notified.
Nick Childs said that DEP will investigate the entire story.
Michael Coleman, 11 Rock Ave stated that he is concerned about exposure since he has been making formula for a baby. He stated that initially his well tested negative and now tested positive. Paul Plagge informed Continental Citgo that they needed to provide bottled water to 11 Rock Ave., however, they have not. Board of Health Administrator Katrina Proctor explained that she received a complaint from Mr. Coleman and contacted both George McGee Jr and Paul Plagee requesting bottled water at 11 Rock Ave. as well as trying to reach them to report that 36 Lakeside Ave is out of water. To date there is no delivery of bottled water to these addresses.
A resident at 597 Main St. stated that her water is negative, however was concerned that some homes further away from the gas station than her have detected positive. She is concerned about waiting 3 months for further testing.
DEP distributed MTBE fact sheets.
A resident asked if the Board would get someone at the next meeting to discuss MTBE and potential health effects.
Chairman Dale Nadeau closed the public comment period. He noted that abutters would be notified of the next meeting on this matter.
Dan Ehntholt stated that the Board has always encouraged residents to hook up to town water from the point of public safety, noting that DEP tests and regulates public water supplies. He also noted that the Town of Hudson does not have Board of Health regulations requiring testing for private drinking water wells. He explained that a local regulation would require homeowners to pay for the testing and submit results to the Board of Health. He stated that the Board has always been concerned for the Lake Boon area because of the small lots and sandy soils. He noted that the homes have evolved from camps with cesspools to year round homes with upgraded septic systems and wells. He noted that town water has been available to residents in this area for a number of years and it is
the hope that wells would be abandoned and hook ups to town water. He stated that the Board has never imposed private well regulations because they have not seen evidence of contamination. There was one well that had a high nitrate level which was to close to a septic system. The Board required them to hook up to town water. Ehntholt explained that after discussions with Town Counsel, the Board decided not to adopt a regulation.
Jim Saart stated that the Board has not granted any variances for well and septic locations.
2.2 8:30 PM Hearing– Continental Citgo request to appeal the Board of Health Order.
Hearing opened 9:10 PM – Appeal filed by George McGee regarding the Board of Health Order
to the responsible party (George McGee), per Chapter 11, that the wells in the 1000 ft. radius be provided water per their request.
George McGee Jr. stated that it is a great expense to provide bottled water and does not want to provide it to people with no MTBE in their drinking water.
Dale Nadeau stated that was only one home with no MTBE which asked for bottled water and that well has now tested with .07 ppm. McGee stated that he plans to provide this home with bottled water. It was noted that the home is 11 Rock Ave and was first tested after the sediment filter which does not remove MTBE. Paul Plagee, Wilcox & Barton stated that he agreed that the bottled water needs to be provided to this home.
DEP discussed residential granular activated carbon canisters for mitigation is costly and have a high maintenance cost $3 - $5,000.00. Carbon and charcoal filters have not show to help.
Jim Saart clarified that the applicant is asking to appeal the Board’s order on one resident, a cost of approx. $300 per year and now that resident is testing positive which meets DEP’s criteria for providing bottled water. Saart stated that this is a relatively small amount to help the confidence of people in the neighborhood. He stated that peace of mind should remain until the resources need to be spent somewhere else. Saart felt it was still early in the process and feels McGee should be providing water to anyone who requests it. He said the Board could take a look at this again after the Phase I report.
Dale Nadeau explained that criminal action is the Board’s recourse. Mr. McGee said that he would provide the bottled water to 11 Rock Ave tomorrow.
Dan Ehntholt made a motion to deny the request, to withdraw the Board’s order requiring the responsible party to provide bottled water to all individuals with a 1000 ft. radius of the gas station. The motion was seconded by James Saart with all in favor. 3-0-0.
The Board noted that the order can be reconsidered at a later date.
The Board requested that the Health Agent issue the Order and the denial of the appeal.
2.3 8:45 PM Hearing – Dana Stenquist re: Definitive Plan 159 White Pond Rd. “Bailey Park Woods”
Owner Dan Stenquist and Engineer, Thom DiPersio Jr. appeared before the Board. Dan Ehntholt explained that that the Board of Health looks at the Subdivision Plans for suitability and has the authority to deny the subdivision plan based on suitability. If the Board of Health denies the plan based on suitability then the Planning Board can not approve the subdivision.
Dan Ehntholt explained that the Health Agent, Sam Wong is concerned with the wells and the flooding caused by beaver activity.
Thom DiPersio explained that the subdivision is laid out initially and then they look at comments made by the Boards. He stated that he can move wells to the top of the embankment and out of the areas of concern. It was noted that eventually the final septic plans will be submitted to the Board of Health for approval.
Dan Ehntholt made a motion to approve the plans a presented with the condition of the appropriate movement of the wells outside of the flood area. The motion was seconded by James Saart.
Discussion on the motion. It was agreed that the revised plan should be submitted to the Board prior to approval.
Dan Ehntholt withdrew the motion.
Dan Ehntholt made a motion to continue the hearing until January 25, 2006 at 7:45 PM, seconded by James Saart with all in favor. Vote 3-0-0.
3.0 Minutes – All minutes were tabled until next meeting.
3.1 November 30, 2005
3.2 December 14, 2005
3.3 December 21, 2005 Executive Session
3.4 December 28, 2005
4.0 Vouchers
4.1 Dan Ehntholt made a motion to pay the voucher to John Scichilone (2) constable services $70.00, seconded by James Saart with all in favor.
5.0 Review Septic Permits – Tabled all permits.
5.1 22-24 Lakeside Ave. – DPW letter recommends a deed restriction on both houses limiting the houses to two bedrooms a piece.
5.2 21 A – D Worcester Ave. revisions.
5.3 121 Parmenter Rd. – awaiting DPW comments.
6.0 General Business
6.1 MTBE – Paul Byrne told the Board that Entwistle submits well reports as part of a cleanup project. He said that MTBE has been found in a private well in the area. Byrnes will submit the report.
7.0 Correspondence
7.1 Smoking complaint forwarded from Worcester Regional Tobacco Control Collaborative – Sam Wong will follow up on the complaint.
8.0 Health Agent’s Correspondence
9.0 Pending
10.0 Advertisements and Conferences
11.0 Commentary
11.1 Budget Hearing Tuesday, January 10th at 6:30 PM. – Dale Nadeau stated that the Selectmen approved the Budget. The next step is the Finance Committee meeting: date to be determined.
12.0 Adjournment - James Saart made a motion to adjourn the meeting at 10:15 PM, seconded by Dan Ehntholt with all members in favor.
Minutes respectfully submitted by:
Katrina Proctor
Board of Health Administrator
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