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Board of Health Minutes 11/30/05
MINUTES
November 30, 2005, 7:30 P.M.

1.0     Preliminaries
1.1.    Chairman Dale Nadeau opened the meeting at 7:30 pm.
1.2.    Roll Call:  Board of Health members Dale Nadeau, Dan Ehntholt and James Saart.  Also in attendance were Health Agent Sam Wong and Administrator Katrina Proctor.
1.3.    Additions or deletions to the agenda (See 6.3 & 6.4)

2.0     Hearings and Appointments
2.1     Public information discussion re:  Citgo IRA 706 Main St.

Chairman Dale Nadeau explained to the attendees that the Board of Health notified abutters within a 1000-ft. radius of the Citgo Gas station of this public meeting.  In attendance to present information on Citgo were the following:
Russ Barton, engineer of consulting firm Wilcox and Barton
Paul Plagee, engineer of consulting firm Wilcox and Barton
Anthony Andronico, licensed site professional. Licensed by the state to oversee and direct the responsible party and DEP.

A sign in sheet for public in attendance was passed out by the Board of Health and another by Wilcox and Barton.  Mr. Barton explained that they are creating a mailing list so that they can make notifications by mail when there has been documents submitted to DEP.

Mr. Barton explained that all documents will be placed on file at the Hudson Public Library.  There are pre-existing documents that have been sent to the public library.

Mr. Barton began by presenting slides. He explained the following:

·       MtBE has been detected in several drinking water wells near Lake Boon.
·       Groundwater in the area contains gasoline related chemicals including Mtbe.
·       There has been a historical release of gasoline at Continental Citgo.
·       DEP is governing the clean up process.

Mr. Barton stated their objectives for this meeting are to provide an overview of the entire situation, discuss the current status and what is being done, provide factual and scientific information and answer questions.

Anthony Andronico, the licensed site professional explained that he is licensed by the state to oversee “Response Actions” under the Mass. Contingency Program.  An “LSP” has the responsibilities to make sure the state regulations are followed.  He stated that there are many potential sources for this groundwater contamination i.e. lawnmowers, boats, bonfires and the gas station etc.  He said it is very difficult to pinpoint the source of contamination.

Andronico continued with the presentation describing what happens when gasoline spills as follows:
·       Gasoline contains hundreds of different chemicals
·       Gasoline floats on groundwater and will travel “downhill” along the top of the water table.
·       Gasoline dissolves very slowly, and moves with the groundwater once dissolved.
·       Soil that contains spilled gasoline is a continual source of contamination to groundwater due to leaching and other factors.

Andronico explained what MtBE is.
·       MtBE is a fuel additive first used in gasoline in the 1970’s to make fuel burn more efficiently
·       MtBE is now being phased out because of groundwater contamination and air pollution.
·       MtBE is very soluble in groundwater, it moves farthest and fastest of all the gasoline components and spreads easily.
·       MtBE is recognized as a “possible” human carcinogen.
·       MtBE state standard is 70 ppb in drinking water.
·       MtBE may taste or smell at 20 – 40 ppb.

Mr. Andronico provided a history of the property at 706 Main Street as follows:
·       1950’s - 706 Main St. developed as a service station
·       1987 -  Mr. McGee bought the property.
·       1987 - new steel tanks were installed; no evidence of release at that time.
·       Station remained in compliance with state UST (underground storage tank) requirements, including registration, monitoring, upgrades etc.
·       November 2004
-       investigation was performed as part of a real estate transaction.
-       4 borings and 4 monitoring wells were installed (MTBE results were very high 60,000 ppb).
-       soil and groundwater samples collected – contaminant detected in groundwater
-       consultants advised Mr. McGee that DEP must be notified within 120 days.  (The LSP made an error by not reporting the findings to DEP within the 72 hours reporting criteria.)

January 2005
-       review of 2004 data by Wilcox & Barton indicates 72-hour reporting conditions
-       Immediate Response Action (IRA) required.
-       DEP gave verbal approval for further assessment

May 2005
-       3 borings and 3 monitoring wells installed
-       4 private drinking water wells identified in town records
-       groundwater results showed elevated concentrations in 5 of 7 monitoring wells at Continental Citgo.
-       Lake Boon Ice Co. well contaminated MtBE at 3 ppb
-       No Imminent Hazards identified, but additional work required to assess potential down gradient impacts

August 12, 2005
-       DEP notified Mr. McGee that high level of MtBE was detected at 42-44 Lakeside Ave. (heating oil spill)
-       DEP requested additional information

October 6, 2005
-       DEP required the identification and sampling of potential drinking water wells within 1000 ft.

Mr. McGee hired Wilcox and Barton and upon review of the old reports from another other company hired in 2004, it was discovered that an error was made by the previous company.  During the 2004 testing MTBE levels were well above acceptable levels.    Wilcox and Barton has installed monitoring wells and tested private wells within 1000 ft. radius.  Some of the wells are above the EPA limits.  Wilcox and Barton has submitted an Immediate Response Action Plan. They are working to test all of the wells and are providing bottled water to residents with MTBE found in their wells.

October 17, 2005
-       All existing monitoring wells at Continental Citgo were re-sampled.
-       Concentrations were generally consistent with the May data, exceeding standards in 4 of 6 wells.

October 19, 2005
-       catch basins screened for gasoline-related vapors – none detected.
-       Lake Boon observed for evidence of sheen – non detected.
-       Anthony Andronico, LSP believes the source is from an old release.

October 26, 2005
-       tank system at Continental Citgo was precision tightness tested
-       tanks and lines all passed.

October 31, 2005
-       homes visited to seek permission to sample drinking water.

November 4, 9, 10, 2005
-       17 of 22 wells were sampled.
-       2 wells contained MtBE at >70 ppb.
-       6 wells contained MtBE at <70 ppb.
-       9 wells did not contain MtBE
-       1 well contained gasoline-related compounds other than MtBE, but below the state standards.
-       There are still 5 wells that need to be tested.  They are tracking a large plume.  Affected homes are receiving bottled water.   Some of the houses with filter systems need to be retested.  Paul Plagge asked the public to let him know if they have filter systems at their homes and whether they have taste or odor.
November 15, 2005

        - 3 new monitoring wells installed down gradient of Continental Citgo.

November 18, 23, 25, 26, 2005
        -samples collected from new monitoring wells.
        -4 private drinking water wells re-sampled due to the presence of a filter.
- questionnaires about irrigation wells distributed.

Andronico continue with stating what we know about this issue.
-       MtBE is present in groundwater over a relatively large area
-       A release has occurred at Continental Citgo, and response actions are underway in accordance with state requirements.
-       Affected homes are receiving bottled water
-       Additional data are needed to determine the extent of contamination
-       The measured concentrations do not pose any risk via inhalation or direct contact – only ingestion is of concern.

Andronico described what is needed.
-       If you are using a private well for drinking
-       Access to sample your water, perhaps several times
-       Information about any filter systems you may have installed in your home.
-       Any information you have about the construction/depth of your well.
-       Anything you wish to tell us about taste or odor in your water.
-       If you are using a private well for irrigation or pool
-       Complete and return the questionnaire that you received.
-       If you have a well and have not been contacted
-       Please contact Wilcox & Barton immediately

Andronico then posed “What’s next?”
-       Additional assessment at Continental Citgo as required by state law.
-       Collection of additional groundwater flow and surface information.
-       Assessment of the full extent of contamination, including MtBE and others
-       Receipt of data for samples currently at the lab
-       Continued identification of potential drinking water wells (5 properties still in question)
-       Continued communication with the public
-       Development of plans for clean up
-       Hook people up to public water as soon as possible or filtration system
-       Clean up the gas station.  The first step is to be sure the drinking water supplies are safe.
-       Next step is the clean up.


Matt Michela, 714 Main St.
1)      Clarification regarding the error for lack of reporting within 72 hours by the previous consultants Corey Management.  In January 2005 Wilcox and Barton reviewed the data from Corey Management (MTBE 60,000 in the 3rd monitoring well and the state standards were 70 ppb.) Wilcox and Barton recognized that it met qualification for 72 hour reporting requirements and therefore reported it.
2)      Concern that the delay in the 72 hour reporting requirements show depleted of levels of MTBE.
3)      Questioned if the delay caused problems with when and where the release occurred.

The LSP responded that the aquifer and seasonal fluctuations cause the MTBE findings to be cyclical and it will take time to remove.

15 Rock Ave.
1)Asked if there are results when the tanks were removed in 1985/86?

LSP has not seen the results. At that time, there were a lot less rules than today and generally, the Fire Department oversees the removal of tanks.   At that time there was generally a visual inspection, screening test and observations odors. (McGee said the tanks were taken out before he bought the property.  He went through an expense in 1987 to put in all new tanks.)

Lorraine Nelson, 5 Rock Ave.
1)      Confused about the letter she received in terms of historical release and about the recent release.
2)      Concerned that we don’t know where the problem comes from.

LSP stated that the 1st priority of this project is to be sure people are not exposed to the MTBE.  More details will come to light during the investigation.  The next priority is to find the source and clean it up.

Michela, 714 Main St.
1)      Stated that given requirements that private wells be tested prior to the sale of property and requirements to report MTBE levels above 70 PPB, it would indicate that there was not a release before 2003/2004.

Lance Nelson, 5 Rock Ave.

1)      Asked why it took a year for residents to be notified.  Only a few people with wells were notified.  

2)      He reported that there was a distinct smell of turpentine in his water, but when he told Wilcox and Barton that he connected to town water they did not want to test his private well.

3)      Concerned that the owners/consultants are not trying to determine where there is a maximum result of MTBE and said it looks like they are trying to minimize the results.

The LSP said they didn’t make a conscious decision to try miss data points.  It is a large area and there are a couple of historical sites reported and when the DEP contacted us they had a lot of information from a lot of different places and it is their job to make certain that he did not make a concerted effort to avoid anything.  He said he was addressing priorities of the drinking water.  Other investigations will continue to be addressed. LSP said he had not identified the condition until recently.  

Rita Pierce of 10 Rock Ave.

1)      Stated that she lives adjacent to the gas station and she has contamination in her back yard.  She has the smell in her basement and believed that the contamination is right in her path.

Wilcox and Barton will investigate and said they are looking for as much information as possible.

Jeff Hollis, 5 Cold Spring Lane

1)      Asked if his gunite swimming pool water would be safe if was filled with town water.

LSP said that the ground water would not penetrate the gunite pool.

Michael Coleman 11 Rock Ave.
1)      Asked if a well tested negative now could a future test show positive?

LSP said yes and the will continue testing until they understand the situation and clean it up.

Julie Hoff, 9 Gately Ave.

1)      Asked when the cleaning up will begin, where and how long will it take.

LSP said as soon as the drinking water issues are address and remediated.  The clean up could take years.  There are a couple of technologies are being considered, ground water extraction and vacuum the soils through a carbon filter.

Residents voice concern that they were not notified by any party, the town or otherwise.

Todd Major, 6 Cold Spring Lane
1)      Asked what the Town of Hudson Board of Health is going to do about this.

Dale Nadeau responded that he is alarmed by this and he would like to see everyone on bottled water to start out with or connect to town water as an immediate response.  Then there must be the process of clean up.

MW2 and MW3 have high results.  The data shows the source area, but not the date of contamination..  Residents were concerned that the release may still be on going.  The LSP stated that the largest concentration is just down gradient from the tanks. Residents encouraged the board to put every person on bottled water and to shut the station down until the facts are known and assure that this is not going to continue.

Matt Michela asked the board to order every person that is not connect to town water be provided bottled water and asked the board to shut down the gas station since the source has not been identified, we do not know whether the exposure is continuing and no one knows if this could be an ongoing outburst until we have some facts for the safety of the environment and the residents.

Residents asked how often the wells should be tested.  LSP stated every three months at a minimum.

It was noted that the monitoring system for the tanks is up to date and in use about 6 or 7 years ago.

George McGee Jr. 28 Old County Rd. - how much gasoline would it take to contaminate a well?
LSP stated that it would not take much gasoline at all (1 gallon) to contaminate a well.
Michela noted that there is a low level MTBE in Lake Boon Ice well and asked if they have been selling.

George McGee Jr. stated that he’s seen people dumping gasoline on bonfires etc and that folks could be contaminating their own wells.

Questions Lake Boone Ice and contamination of MTBE.  Tested March 2004 with low levels of MTBE.

The deepest known well is 400 ft.  MTBE is generally found in shallow wells which are about 140 ft.

Tom, 2 Cold Spring Lane. What is going to happen next?

1)      Hook up public water where necessary per the direction from DEP.  They plan to put people on bottled water, or hook up to public water and filtration systems.  
2)      clean up

Jeff Hollis, Cold Spring Lane
1)      Does DEP put restrictions on deeds?  DEP is reluctant to put restrictions on private residential lands.



LSP stated that he understands, empathized with these legitimate concerns and if you shut down the business you may be shutting off the clean up effort.


Public Discussion Closed

Board of Health Member Dan Ehntholt asked questions about the monitoring wells, drinking water wells, proximity to the contamination to Lake Boon and to the town well.  

Sam Wong asked the Wilcox and Barton to install monitoring wells south east of 706 Main St.

LSP - This was an anomaly with the recent rain however can consider doing it.

Dale  - Thank people from Wilcox & Barton.

Dale made a motion stating that there are 22 drinking waters wells, 17 have been tested 2 are above the state limits of 70 ppb presently being provided bottled water,  the 40 Lakeside Ave wells have been put on town water, the other 17 homes with wells will immediately received bottled water.  2 exceed the limits, 6 are below the limits, seconded by James Saart.

9 wells came up clean/nondetect.
Discussion on the motion.

The Board asked if there is any contamination south of Main Street.

Anthony Andronico the LSP stated that not that he can see; everything is clear south of Main Street.

Dan stated that the board must be reasonable as long as there is testing south of Main Street.  After the rain storm water flow shifts and it will be possible to bring contaminants in any directions.

Dale made a motion per that the Board of Health issue an order to the responsible party, per Chapter 111, that the 17 homes/wells identified be provided water when requested by them, seconded by James Saart.
Vote was taken.

All members in favor of the motion.  Motion carried.

The Board asked the LSP to keep the agent informed as things change.

Jim Saart said that for years the Board of Health has required people in the Lake Boone area to get on town water.  It would make things a lot simpler if people were hooked up to town water.  People’s health has been at risk from their own private septic systems.  This is an ongoing recommendation for the Lake Boone area to hookup to town water.

The Board took a 20 minute recess.

3.0     Minutes
3.1     Dan Ehntholt made a motion to approve the minutes of October 5, 2005, seconded by James Saart with all in favor.
3.2     Dan Ehntholt made a motion to approve the minutes of October 26, 2005, seconded by James Saart with all in favor.
3.3     Dan Ehntholt made a motion to approve the minutes of November 16, 2005. seconded by James Saart with all in favor.

4.0     Vouchers
4.1     James Saart made a motion to approve the voucher to reimburse Katrina Proctor for the APHA Registration $282.50, seconded Dan  Ehntholt with all in favor.

5.0     Review Septic Permits
5.1     23 Worcester Ave. James Saart made a motion to issue the septic permit per the DPW review that the sewage disposal system meets compliance with Title V.
5.2     12 Lyman Ave. - James Saart made a motion to issue the septic permit per the DPW review that the sewage disposal system meets compliance with Title V.
5.3     Lot #1 Kane Industrial Dr., amended plan - James Saart made a motion to issue the septic permit per the DPW review that the sewage disposal system meets compliance with Title V.
5.4     22 Lakeside Ave. – request for conditional approval because this has not been before DPW yet.  There is a pending order to abate the public health nuisance.  Steve Poole brought a plan for 22 Lakeside Ave. and stated that he needs to submit the plan for approval.  There has been an ongoing public health nuisance order and the property is close to the Lake.  Poole said he they are trying to get the system in before winter.  The Board said that DPW must review for compliance with Title V and requested that Steve Poole submit for the meeting on December 14th.
5.5     Request for one year extension of Septic Permit for Lauren Heights. Sam Wong started that the permit was issued on October 31, 2002 and the permit is effective for 3 years.  The request was made prior to the expiration date therefore the board can consider extending the permit for one year.
James Saart made a motion to extend the permit for one year, seconded by Dan Ehntholt.

There was discussion on the motion.  It was noted that the state has not issued their approval.

Vote was taken

James Saart             opposed to the motion.
Dan Ehntholt    opposed to the motion.

Dale Nadeau     abstained from the motion.

Vote 0-2-1      Motion denied.

Dan Ehntholt made a motion to deny the 1 year extension based on the impact of the system to groundwater in the area and down gradient impact of the area, seconded by James Saart.

Discussion on the motion.  The Board stated that they did not look carefully enough at the grading at the time of the application and since that time the residents have brought forward concerns.

Vote was taken

Dan Ehntholt    in favor of the motion.
James Saart             in favor of the motion.

Dale Nadeau     abstained from the vote.

Vote 2-0-1      Motion carried.

6.0     General Business
6.1     Nondisclosure Agreement, Emergency Preparedness– Sam Wong has provided the final document for approval.  Board will review and bring back a signed document.
6.2     Discuss Budget – Update from Sam Wong.  It was noted that Paul Blazer cut back the request for agent support from $12,000 to $7,000.  Blazer approved of the database request.
6.3     Wind River – Sam Wong and Katie Monteiro went to river with John O’Connor to access the misting devise used since November.  Both noticed two distinct odors “cheap perfume and septic, however did not find offensive enough to make you sick.  Dan stated he noticed septic but did not notice the fragrance.  Sam asked the board to drive by and provide comments.  He reminded them that winter is the slow season and peak time is 1PM.
6.4     Sam recommended the board work on private well regulations.
7.0     Correspondence

7.1     DEP letter re: Lot215 Coolidge St. – Notice of Responsibility 120 day notice MGL c. 21E
7.2     DEP letter re:  Community Sanitation Program re:  Hudson Police Station
7.3     DEP letter re:  significant amendments to Solid Waste Management Regulations

8.0     Health Agent’s Correspondence

9.0     Pending
9.1     Memorandum of Understanding.
10.0    Advertisements and Conferences
10.1    Katrina Proctor to attend American Public Health Association Annual Meeting
Philadelphia  December 10 – December 14th.

11.0    Commentary

11.1    Budget Hearing Tuesday, January 10th at 6:30 PM.
11.2    Renewal Letter sent to Food Establishments on November 29, 2005

12.0    Adjournment – Dan Ehntholt made a motion to adjourn the meeting at 10:00 PM, seconded by James Saart with all in favor.

Minutes respectfully submitted by:



Katrina Proctor
Board of Health Administrator