TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of July 14, 2010
Town Hall – Conference Room 3
Board Members Present: Also Present:
Burton Kaplan, Chairman Glen Harrington, Health Agent
Kalliope Egloff, Co-Chairman
Lucy Burton, Clerk
Chairman Burton Kaplan called the meeting to order at 7:00 PM.
APPOINTMENTS
7:15 Nauset Disposal - Shawn Delude “Show Cause Hearing” – Failure to Comply with Refuse Regulation
Glen Harrington reported that the BOH sent a letter to Mr. Shawn Delude of Nauset Disposal, dated 6/22/10, stating that on 6/11/10 Glen Harrington observed a Nauset Disposal front-loader servicing solid waste containers at Jiffy Lube, 60 Falmouth Road, Mashpee, MA., and that therefore, Nauset Disposal is hauling refuse in the town of Mashpee without a BOH issued permit. The letter stated further that this is a violation of MA. General Law Chapter 111 section 31A. Nauset Disposal is also disposing of Mashpee commercial refuse at a waste facility not approved by the Board of Health. This is in direct violation of the Mashpee Board of Health “Refuse Regulation” which states that “All haulers licensed by the Board of Health in the Town of Mashpee must transport their refuse loads to the Upper Cape Regional
Transfer Station, which is a BOH approved site or other facility approved by the BOH and, in the case of the Upper Cape Regional Transfer Station, must follow the route specified in the UCRTS rules and regulations.
Glen Harrington stated that he received a letter today from Nauset Disposal stating that Jiffy Lube was going to have Pina Sanitation service the dumpster. Burton Kaplan noted that this is the first offense by Nauset Disposal which they have dealt with immediately. However, Nauset Disposal also hauls Construction and Demolition (C&D Debris) in Mashpee. Burton Kaplan stated that C&D haulers are not currently licensed in Mashpee, and he would like to take whatever action is necessary to amend the Refuse Regulation to require C&D haulers to be licensed and controlled. Burton Kaplan stated that he would like to require the dumpsters to be covered, when they are not physically, actively in use, which would prevent trash being thrown into the dumpsters.
James Kerrigan of A & K Septic, introduced himself to the Board. Mr. Kerrigan commented that in his opinion, control over what goes into the C&D dumpsters is almost unmanageable, and would be impossible to enforce.
Glen Harrington reported that Town Counsel has stated that trash haulers’ permitting includes C&D, and therefore the BOH needs to notify all C&D haulers that if they are going to operate in Mashpee, they need to have a trash hauler’s permit. Glen Harrington has a list of all C&D haulers and has a form letter ready to send out to them. Glen stated that UCRTS and our local transfer station do not take C&D; Bourne and Cassella do take C&D. Trash haulers may have to take C&D trash to the Cassella facility in Rochester.
Burton Kaplan summarized the discussion by stating that Glen Harrington will notify Nauset Disposal that since this is their first offense, there is no consequence, but if they want to haul C&D in Mashpee, Nauset Disposal must apply at the Board of Health for a Town of Mashpee C&D trash hauler’s permit.
Glen Harrington reported that, to date, he has not been notified by DPW of any UCRTS accounts in violation of their contracts.
7:30 A&K Septic - Variance -131 Industrial Drive, “Floor Drain” in Concrete Slab
James Kerrigan with A&K Septic introduced himself to the Board.
In a letter to James Kerrigan from the Board of Health dated 1/13/09, it was stated that on 10/24/08, Glen Harrington and Bob Murphy from DEP inspected the property at 131 Industrial Drive as a result of a complaint received by DEP. At that time, a floor drain was observed at the property, and appeared as a six-foot diameter catch basin with cast iron grate at grade in the western bay. Due to the presence of the floor drain, the discharge point is considered an Underground Injection Control (UIC) system which is a violation of Board of Health regulations. State UIC regulations prohibit potentially polluting discharge to injection wells, such as floor drains leading to a septic system, dry well, or oil/water separator which leads to any subsurface leaching structure. The letter went on to say that owners of
facilities with floor drains tied to injection wells have three options: 1) seal the floor drain and discontinue all previous discharges to the drain; 2) connect the floor drain to a holding tank, approved by DEP; 3) connect the floor drain to a municipal sewer system, if available.
Glen Harrington stated that an environmental consultant was hired to take samples and perform the UIC closure. However, the environmental consultant spoke with DEP who stated that all they had to do was register the UIC or automatically close the UIC. The floor drain is in violation of the Board of Health regulation, and therefore a variance is required by A&K Septic to keep the floor drain. According to Mr. Kerrigan, the floor drain is primarily used for snow melts from the plows in the winter, and dumping coffee and cigarette butts. The floor gets soaking wet in the winter, and it is a convenience to be able to sweep the melting snow into the drain. Mr. Kerrigan stated that if the drain is closed, the water from the snow melt on the floor will be swept out the door and will go into the ground.
Glen Harrington stated that Katie Mahoney, the environmental consultant, took lab samples and reported back that the water was clean. Glen stated that A&K Septic had been diligent in maintaining the shop and felt that they would continue to do that, and felt that there was some basis for allowing them to keep the drain.
Kalliope Egloff stated that as long as A&K Septic is not washing the engines, dumping antifreeze or old gasoline, and the mercury that is stored there is disposed of appropriately, she felt that a deed restriction would be reasonable, requiring closure of the drain should the building be sold.
Lucy Burton stated her feeling that, although she understood the purpose of the drain, she was uncomfortable with the fact that it was installed illegally and that drains are not allowed, and therefore she would be more comfortable requiring that the floor drain be eliminated.
Mr. Kerrigan stated that the drain was installed at the time the building was constructed seven years ago, and building plans, which included the drain, were reviewed and approved by the Town Planning Board. Mr. Kerrigan reiterated his point that if the drain is closed, the residue on the floor will be swept out the front door and into the ground.
Glen Harrington added that it is the possibility of accidents that are a worry – should something fall off a truck and puncture one of the saddle tanks and you have 50 gallons of fuel or something on the floor which is nobody’s fault except that there is a floor drain there. Trying to do a cleanup 6 to 8 feet below the slab is going to be an ugly cleanup and no one is going to want to deal with that.
Lucy Burton made a motion that the floor drain at A&K Septic, located at 131 Industrial Drive, no longer be used and that it be filled within 30 days. Kalliope Egloff seconded the motion. The motion was unanimously approved.
NEW BUSINESS
1. Board Reorganization
Burton Kaplan made a motion to nominate Kalliope Egloff as Chairman of the Board of Health. Lucy Burton seconded the motion. The motion was unanimously approved.
Burton Kaplan made a motion to nominate Lucy Burton as Co-Chairman of the Board of Health. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Lucy Burton made a motion to nominate Burton Kaplan as Clerk of the Board of Health. Kalliope Egloff seconded the motion. The motion was unanimously approved.
2. Sign Warrants. Board members signed the warrants.
3. Approve Public Session Minutes: June 23, 2010.
Board members submitted amendments to the draft minutes of the BOH Public Session held on 6/23/10.
Lucy Burton made a motion that the Board approve as amended the minutes of the BOH Public Session held on June 23, 2010. Kalliope Egloff seconded the motion. The motion was unanimously approved.
4. Request for Septic Permit Extension – 31 Ashumet Road (Mashpee 130 Shops)
Burton Kaplan stated that the Board of Health had received a letter from Peter Sullivan of Sullivan Engineering, Inc., dated 6/23/10, requesting a one-year, one-time extension for the Disposal System Construction Permit #8533A. The letter included copies of revised plans for the project. The plan revision date is 6/23/10, and the revision reduces the design flow. Burton Kaplan stated further that the permit was approved on 10/10/07 and will expire on 10/10/10.
Glen Harrington explained that the revision designs are to decrease the design flow. The property was one large property that has been subdivided into three properties and there are existing permits on the two other lots. The owner wants to increase the size of the septic system that was on the main property on 470 Main Street to build out to 599 gallons per day. The revised plan has added one chamber to each of the primary and the reserve systems in order to get the additional capacity. In order to stay in compliance with the grandfathered flow that was on the property before, they had to decrease the flow on the other two lots. The revised plans have increased flow on one lot and decreased flow on the other two lots to match the overall total grandfathered design flow.
Lucy Burton made a motion to grant the request for a one-time, one-year extension from 10/10/10 to 10/10/11 for Disposal System Construction Permit #8533B for 31 Ashumet Road, and to approve the revised plans for 31 Ashumet Road. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Lucy Burton made a motion to grant the request for a one-time, one-year extension from 10/10/10 to 10/10/11 for Disposal System Construction Permit #8533A for 474 Main Street, and to approve the revised plans for 474 Main Street. Kalliope Egloff seconded the motion. The motion was unanimously approved.
OLD BUSINESS
1. Draft Tobacco Regulation. Further discussion and approval of the Draft Tobacco Regulation was continued to the next Board of Health meeting.
DISCUSSION
1. Open Meeting Law. Glen Harrington stated that under the new Open Meeting Law, the Agenda may not include a heading, such as Old Business, if there is no old business to discuss. Any agenda heading must itemize topics that will be discussed. Lucy Burton clarified that a roll call vote may be used to add any important topics to the agenda that need to be discussed during the meeting that are not on the agenda prior to the next meeting. Glen Harrington will clarify with Town Clerk’s office regarding the requirements for attachments to the minutes that go to the Town Clerk as minutes of record.
EXECUTIVE SESSION
Kalliope Egloff made a motion that the Board of Health enter into Executive Session, not to return to Public Session, for the purpose of discussing potential litigation procedures. Lucy Burton seconded the motion.
Roll Call Vote: Burton Kaplan, yes; Kalliope Egloff, yes; Lucy Burton, yes. The motion was unanimously approved.
NEXT MEETING The next meeting of the Board of Health is scheduled for Wednesday, July 28, 2010. As there was no further business, the meeting was adjourned at 8:05 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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