Loading...
HomeMy WebLinkAbout2003-5-7BOARD OF HEALTH TOWN OF NANTUCKET MINUTES -'' MAY 7, 2003 - - SUPERIOR COURT ROOM MEMBERS OF THE B.O.H. PRESENT: Mr. Spriggs, Mr. Fee, Mr. Murphy, Mr. Soverino, Mr. Watts MEETING CALLED TO ORDER: App. 7:30 p.m. 1. Public Comment -None Noted 2. Approval of Minutes of October 9, 2002 and March 26, 2002. Minutes approved. 3. Schedule Public Hearing for new Scallop Shanty Regulations HO Ray - Suggest the dates of June 4 or June 11 for the hearing. B.O.H. approves and schedules the Public Hearing for June 4tn 4. Public Hearing -Draft Regulations -Connections to new and existing publicly- owned Sanitary Sewer Lines. HO Ray -Continuation of hearing to possibly accept the regulations that I have proposed (B.O.H. has a copy) i.e. connections to sewer lines. I believe that there is some additional correspondence from Mr. Willett with some numbers the Board has requested. The areas highlighted in yellow on the regs. are areas that may warrant some discussion or choice from the B.O.H. These regulations were promulgated by the local B.O.H. in order to facilitate and mandate an immediacy to connection to existing town owned sanitary sewer. As of now, if Town owned sewer were to come down your street and you are still on a Septic System, you are not required to connect to that sewer, until that septic system fails. These regulations would change that and require a more immediate hook-up to the sewer, thereby sending the effluent to the treatment plant, and not enter groundwater -perhaps compromising groundwater and wells. Section 69.03(A) reads: Connections to sanitary sewers shall be completed within (1) or (2) years of notice of availability of lines or connections. HO Ray recommends a (1) year notice. The second area that requires a decision reads: In environmentally sensitive areas as defined by the Nantucket B.O.H. when new sewer lines become available the owner shall complete the required connections within six months of notice from the Nantucket D.P.W., weather permitting. But, in no circumstance more than (1) year from said notice. The question is: Connection required to lines installed after these regs? Or in the last few years? HO Ray recommends the latter choice. The third area of concern is under the variance section. "Variances shall be considered for on-site disposal systems installed five years or less before a Sanitary Sewer Line was installed or completed." This would allow for a one to five year window for individuals who have just installed new septics. PUBLIC HEARING NOW OPENED (Member of the Public) -How will the town enforce these regs. if someone does not comply in required time frame? For example due to financial constraints? HO Ray -There would be a penalty for not complying. A $100.00 per day fine. (reads from regs.) No further Public Comment. Public Comment portion closed. Mr. Willett -The standard fee to connect to sewer is $2000.00. Mr. Spriggs -This does not include construction fee from home to sewer. Mr. Fee - (For HO Ray) Most people feel that Title V already takes care of this. Why do we need to do it? HO Ray - Title V only mandates connection to an available sewer when the septic system fails. It could be five years or much more that a sewer line may be available, and that home would be, perhaps needlessly, still using septic. Mr. Fee - Is Title V designed to take care of nitrates? HO Ray -Yes, but in the case of sewer, the nitrates would go to the Wastewater Treatment Plant. Mr. Watts - (For HO Ray) - Is there anything that can be done for someone who absolutely could not afford this? HO Ray - I believe that there is a policy in place where the Board can waive the fee if hardship is shown. Mr. Spriggs - Makes a motion to make the connection time in 69.03 two (2) years. Motion is seconded by Mr. Fee. B.O.H. approves unanimously. Mr. Murphy - (Next section requiring a decision) "In environmentally sensitive areas as defined by the Nantucket B.O.H., where new sewer lines are available for connection pursuant to 69.02 the property owners shall complete the required connection within six (6) months of notice from the Nantucket D.P.W., weather permitting, but in no case more than one year of said notice. " Mr. Soverino -Would like to make a motion that this section refers only to lines installed after these regulations. Not retroactive -this may be especially difficult for those who have just installed new septics. Mr. Spriggs -Seconds motion. HO Ray -Then we will leave the word "new" in there. Mr. Fee - If we took this out, what would the trigger be requiring these people (in environmentally sensitive areas) to then connect? HO Ray -Only if the system fails. Mr. Fee - We do want folks in environmentally sensitive areas to connect, and not leave a loophole for them not to do so. HO Ray -right now environmentally sensitive areas would be the Harbor Watershed Protection district and forthcoming (hopefully) Madaket. Two areas where there are not yet sewer connections. This would more effect areas like Miacomet Ave., where there is sewer, and about half of those houses are still on Septic. Mr. Soverino -Are you not already requiring inspections of systems in these areas? HO Ray -Yes, currently in the Harbor Watershed Protection District, and hopefully eventually in Madaket. If they fail inspection, they will be required to connect to sewer, if it is available. Mr. Fee - Title V does not take care of nitrates at an agreeable level, these systems could still be polluting the Harbor. HO Ray -For example, a new sewer line is now going in at Monomoy. If the regulations (above) were to include the word "new", those lots out there would not be required to hook up to the sewer until they have failed. Leaving the word "new" in there would leave a lot of systems out there not required to connect. Mr. Soverino -Monomoy is a great example of the Selectmen responding to a single request to bring a sewer line down. I think it is wrong for us to bring a sewer line down and expect people to connect to it, when it was never asked for. It would be wrong, in my opinion, to require people with new Title V systems to connect immediately to a sewer. Richard is already working to identify failed systems, and I am very comfortable with that. HO Ray - My concern is other outlying areas near water bodies where we are now seeing some development -Miacomet Pond, Long Pond, Hummock Pond. Mr. Murphy -Believes that people have asked for this and are looking for some serious water quality improvement on Nantucket. One of our top goals and objectives for 2002 was to improve harbor water quality. To take the word "new" out of these regulations goes against our goals and objectives, our septage study wishes, and the will of the people. He is against the motion. Mr. Soverino - Is just as concerned i.e. the harbor, as are many in the public. Disagrees that people who have just spend thousands on a Title V system should then have to turn around and pay to connect to sewer, when their system is meeting State requirements, is not a direction I would like to go in. Systems identified as failed will immediately be required by Richard to comply, so I believe we can accomplish both goals. Mr. Murphy - Title V is a State Regulation. After our septage study, the B.O.H. will probably want our local regulations to be even more stringent than Title V to protect the harbor. A sewer does stop the dumping of nitrates into the harbor. Mr. Spriggs -Makes clear that the variance provision allows people with systems five years or younger to apply for a variance from the mandated connection. Mr. Watts -Feels that time has come to try to protect harbor for scalloping, etc. The B.O.H. could also hear variance requests on a case by case basis. Mr. Soverino -Again stands for the harbor, but points out the bigger problem of increased flow to the plant at Surfside, etc. We have a capacity problem now. The Motion to remove the word "new" in front of "sewer lines" is NOT passed, with Mr. Soverino opposed. Mr. Spriggs then makes a motion to remove the word "new". B.O.H. approves 4-1 with Mr. Soverino opposed. Mr. Murphy -Item "C" - "variances shall be considered for on-site disposal systems installed five years or less before sanitary sewer line installed or completed." Mr. Soverino - It looks as if we will be required to make substantial upgrades to the Surfside Plant within the next five years. (To Mr. Willett) Do you anticipate that this upgrade would be completed within five years from now? Mr. Willett-We are working with DEP on a plan and proposed flow, the plan to be started on by the end of the five year period. Worst case scenario, we could max out on our flow before this time and could not then offer connect- ions until more flow is available. He is optimistic that a higher flow limit will be able to be negotiated with the State. Mr. Soverino - Re-states that the availability of flow is a serious issue. Mr. Spriggs makes a motion to approve item "C" as written. B.O.H. approves. Mr. Spriggs, then makes motion to accept the entire regulations as written, (including the motions made above), but then to put them in abeyance until such time that a plan is in place to increase the capacity of the Surfside Plant. Motion is seconded by Mr. Soverino. Mr. Soverino -Suggests that a hardship provision be added by Mr. Ray. Question for Mr. Willett - What do we do when we have folks required to tie into sewer, but it is not built to Town specs.? As in Dukes Rd. Mr. Willett -There are such subdivisions whose sewers are not built to town specifications. HO Ray -Asks the Board if they would like him to (reluctantly) withdraw these regulations until a time specific is set for a new sewer plant? Mr. Murphy -There is already a motion on the table. Mr. DeRensis -Suggests an amendment to the motion. Suggests adding Into Section "C" (of 69.03)"The Board of Health may extend the period referred to in Section A or B above in the event of the incapacity of the sewer plant to handle additional flows." This way orders can be given to connect, but the connection time period can be changed to whatever you need it to be. Mr. Spriggs accepts amendment to motion and it is seconded. Mr. Fee -Asks if the sewer plant flow could be allocated in certain ways? Mr. Soverino - It used to be first come, first serve. Then developers would come in and take out many permits, allocating a lot of the flow. It was at this time that we came up with the one year expiration on a sewer entry permit. Suggests a first come first serve basis. Mr. Murphy -supports regulations as written, as everyone would be hooked up within two years -does not support amendment. Vote on amendment of "C" (stated above) is APPROVED 3-2. with Mr. Murphy and Mr. Fee opposed. Mr. Spriggs - Re-iterates Motion to adopt Regulations with amendments and motions made so far -regulations will not be in abeyance until DEP approves a plan to increase Sewer Plant capacity. B.O.H. APPROVES - 3-2 with Mr. Murphy and Mr. Fee opposed. UPDATES TO THE BOARD Septic System Inspections within Harbor Watershed Protection District are trickling in slower than hoped for. Reports have been received for 35-40% of those dwellings required. People within this area have been notified and have until Sept. 17, 2003 to have their inspections done. Notification efforts will be re-doubled this summer. B.O.H. ADJOURS AT APP. 8:45 P.M.