Loading...
HomeMy WebLinkAbout2012-11-15TOWN OF NANTUCKET BOARD OF HEALTH November 151h, 2012 4:00 pm Community Meeting Room Nantucket Public Safety Facility 4 Fairgrounds Road AGENDA 1. Concerns from the Public 2. Approval of minutes a. September 27, 2012 z o Z ry � 7 C o n C :t7 � rn � cfl n rn o � < 3 rn z o co r w rn N 3. Tight tank approval request —17 Massachusetts Ave. 4. Variance request - 5 South Cambridge Street S. Notification of approval of requested modification to Massachusetts deer hunting regulations. 6. Request from BOS to adopt Waste Haulers Regs. 7. Report from public health assistant Sarah Burke 8. Concerns from the Board Proposed Minutes for September 27, 2012 BOARD OF HEALTH Town of Nantucket 2 Fairgrounds Road Nantucket, Massachusetts 02554 www.nantucket-ma.gov Commissioners: Patricia Roggeveen (Chair) Malcolm MacNab, MD, PHD, (Vice chair), James Cooper, Helene Weld, RN, Stephen Visco Staff: Richard Ray. Artell Crowlev — MINUTES— September 27, 2012 4 Fairgrounds Road, Community Meeting Room – 3:00 pm All or a portion of this meeting is being recorded. If you plan to record this meeting yourself, please check with the chairman of the board before you begin. Called to order at 4:00 p.m. Staff in attendance: Richard Ray, Health Director Attending Members: Malcolm MacNab, MD, PHD; James Cooper; Helene Weld, RN; Stephen Visco Absent members: Patricia Roggeveen Agenda adopted by unanimous consent 1. Tickborne disease: Carol Dunton – Asked about the status. Ray – Stated this has been discussed with the supervisor of health and building, Mr. Vorce and do not yet have a dollar amount. There is an effort underway to get some funding to perpetuate some of the programs this Board would like to see implemented. MacNab – Have made some progress. 1. August 9, 2012 – Adopted by unanimous consent 2. August 30, 2012 – Adopted by unanimous consent Sitting MacNab, Cooper, Weld, Visco Representing Ray – Stated that in the past, have run into the problem of needing signatures on short notice and not all Board members were available. Have talked to Town Counsel, who recommended that the Board allow the chairman or acting chairman to sign for the Board of Health. In order to do that, the Board members need to sign a document, which Mr Ray read. Discussion No comments Action Motion to Approve proposal for Single Signatures on actions of the Board. Made and seconded Vote Carried Unanimously Page 1 of 3 Proposed Minutes for September 27, 2012 1. 60 Arkansas Avenue Madaket Sitting MacNab, Cooper, Weld, Visco Representing Ray — Tabled, the applicant has some concerns with the ACO, which have been forwarded to Town Counsel. Town Counsel will review those concerns and hopefully and ACO will be ready for approval the next meeting 1. 11 Massachusetts Avenue - $11,000.00 2. 79 Madaket Road - $34,249.60 3. 64 Monomoy Road Sewer connection - $6,000.00 Sitting MacNab, Cooper, Weld, Visco Representing Ray — Looking for approval for the wastewater abatement fund. Discussion None Action Motion to Approve these fundings. Made and seconded Vote Carried Unanimously 1. Request MA Fish & Wildlife to amend hunting regulations on Nantucket to "add two weeks of archery deer hunting before or after the regular season." Sitting MacNab, Cooper, Weld, Visco Representing MaeNab — After two years the Fish & Wildlife have approved the carrying of four deer by hunters on Nantucket; but this still has another approval process. Stated that at this time he is proposing to ask the Town to request the extension of the archery season. The BOS sitting three years ago did not approve that request. Suggested that the Board of Health try again making it specific for Nantucket and for Nantucket hunters only. Fish & Wildlife stated in the past that this had a good chance of being passed. Though it might create controversy, it would be minimal. It might not occur for two or three years. Public Carol Dunton Discussion Cooper — The hunting license is a state license and that could cause a problem. Ray — Concur, concerned about limiting to local hunters. Had asked Fish & Wildlife about the possibility of issuing licenses locally for those weeks; have not received a response to that query. There is precedent in other states. Weld — Hoping winter will be cold enough to do the study, which would help in the argument. Ray — The contract was extended another year for the first snow fall. Action MacNab will draft a letter to the BOS outlining the request to include local licensing for approval at the next BOH meeting. Page 2 of 3 Proposed Minutes for September 27, 2012 Sitting MacNab, Cooper, Weld, Visco Representing Ray — Two pieces of property with 2- bedroom structure on smaller lot. Owner wants to enlarge the structure for 4- bedrooms. The smaller lot does not have sufficient square footage to allow this; to meet that square footage, the owner has agreed to set aside a portion of the larger lot as Forever Wild; this will be added to the aggregate of the smaller lot to allow for the increase in size of the structure. There is still room on the larger lot for a second dwelling. Recommend approval. Discussion Visco — Do the lots have to remain in same ownership? Ray — The larger lot can be sold, but this document accompanies both deeds through the registry of deeds. Action Motion to Approve. Moved and seconded. Vote Carried Unanimously 1. Have received raw data as complied from physician offices and Nantucket Cottage Hospital. The intern is working on a synopsis of the data, which should be available for the next BOH meeting. The pharmacies have agreed to make an attempt to provide information previously requested. 2. Housing Inspections: Have been gaining compliance on illegal basement apartments being emptied and returned to unusable states. Presently focusing on multiple properties on Bailey Road. Have lifted the Condemnation Order on 5A Maryann Lane. Building, Health and Zoning go as a unit on to these sites to ensure all issues are addressed. One property is going to attempt to get the basement apartment permitted. 3. Nantucket Beach Water Quality Issues: Once tested, it is 24 -hours before results return during which time people are swimming in contaminated water. The beach is then closed and tested again, which takes another 24 hours to show the water to be okay. In essence people were swimming in contaminated water then shut off from okay water. Have proposed a new approach which has received support from several towns on Cape Cod, the Cape & Islands Health Officers Association and the Massachusetts Health Officers Association; and will be going to the Mass Department of Health to initiate discussions concerning water quality at beaches that have unrestricted tidal and current flow. Any beach within the harbor, pond or estuary would be closed. Any beach with unrestricted tidal and current flow (South Shore, North shore, Jetties Beach) would not be closed until a second test taken within 24 hours of the first exceedence shows the water to still exceed bacterial levels. Have documented that since 1996, every time a beach was close, following a 24 -hour period where it should have been closed, the following 24- hour period has been fine. Tidal and current flow will carry any contamination away within hours. 4. Invitations to Join Massachusetts Boards of Health Certification Program Weld - Hummock Pond Letter: Ray — Destined for review by the Estuaries Program. Nantucket came up with the money but the State did not and removed Hummock Pond off the list. A letter from the Hummock Pond Association to assist the Town in funding the entire study. Estuaries Program has agreed to reduce the cost. Will study Hummock Pond under the program, come up with a TMDL; and at that point determinations will be made as to what forms of remediation that pond and the surrounding properties should receive. Cisco Assn would like to see sewer to that area; however do not have the TMDL or sufficient testing data to substantiate mitigating the nutrient loading. Motion to Adjourn: 3:26 p.m. Submitted by: Terry L. Norton Page 3 of 3 Main Office: 49 Herring Pond Road Buzzards Bay, MA 02532 Tel (508) 833 -0070 Fax (508) 833 -2282 October 18, 2012 Richard Ray — Health Director Nantucket Health Department 2 Fairgrounds Road Nantucket, MA 02554 ENGINEERING, INC. Re: 17 Massachusetts Avenue Upgraded Septic System Map 60.3.1 Parcel 315 & Map 60 Parcel 5 Dear Mr. Ray, Nantucket Office: 19 Old South Road Nantucket, MA 02554 Tel (508) 325 -0044 Please accept this letter as a request to modify the previously approved septic system upgrade for the above referenced property. This application is to supersede the previously approved and never installed composting toilet/greywater design prepared by the Ducharme & Dillis — Civil Design Group, Inc. in 2008. The enclosed plan proposes to replace the approved composting toilet design with a tight tank. The approved greywater system will remain the same with the exception of the revised septic tank location. Please find the following information for your review and approval: • A completed Disposal Works Construction Permit, • Three copies of the proposed site plan, dated 9/26/12; • A completed DEP BRP WP 64a — "Tight Tank" application; • A draft copy of a typical tight tank service agreement; • A draft copy of a seasonal use deed restriction, and; • The architectural floor plans. Finalized copies of the executed tight tank service agreement and deed restriction will be provided to your office prior to the issuance of the certificate of compliance. Proposed changes to the site consist of removing the existing secondary bunk house attached to the garage, relocating garage on the property, centering the main house on the site, adding a proposed addition onto the front of the house and performing internal renovations to the house. The proposed changes to the house will not result in an increase or change to the existing daily design flow. Please call our office at 508- 325 -0044 or email me directly at zac(,brackeneng cam if you have any questions or require any further information regarding this project. Sincerely, Bracken Engiipeering, Inc. Zach L. asinski, P.E. Proj ct Manager �m SITE BENCHMARK: TOP OF CONC. BOUND ELEV. = 6.82 (HTL) Co 6�,- of - 7-pA Vf -Z �F,q WA )� (T KF. A"VFNut ru5L�c WAY) '0i WISE - 5 MAP 60 PARCEL 7 J15 MAP 60-J. I PARCEL L J15 comBINED L or AREA 7W MAP 60 PARCEL 4 IVIF ANNE 5., LAURA and EMILIE DA EXISTING WELL CD-4 TO REMAIN 4x9 46 CV-2 CD -3 C0 -1 y j ROPO ED REVEGETA'nON AREA 31± SF COA 5 rA L DUNE LINE DEUNEA 77CYV ENWRCWA0VVrAL A_ BY 4EC PROPOSED EDGE OF PROPOSED REVEGETATION ARE CLEARING tp 0 .� To" PROPOSED BLUESTONE PATH 'A',,- REGI§!��� ------ LINE \o- UNREGISTERED FND PROPOSED MITIGATION 2 PLANTING AREA (200* SF) 25' BUFFER TO COASTAL DUNE HOUSE EX'S TING 0 EXISTING S (TO BE PARTIALLY TO BE PUI RAZED & RELOCATED) PROPOSED 50' BUFFER TO PROPOSED COASTAL DUNE CD I-XISrING 5 WEN FRO 7x6 -A2 (TO BE RID go, 7O p�Op S A. PR 4 WITHIN 5' .A.S. 10.5 1 0. PREVIOUSL' 2 REFER TO S HEALTH P MAP 60. J. I PARCEL .31,3 .31,3 GROUP, IN( ANNE 5, LAURA 1.9 INSPECTION and EMILIE DA KS [XIS71AIC GARAGE- PROPOSED (42-9--1- S. F) (TO BE PARTIALLY RAZED & RELOCATED) 100' BUFFER TO COASTAL DUNE a C8DH W fND. C8DH �m SITE BENCHMARK: TOP OF CONC. BOUND ELEV. = 6.82 (HTL) Co 6�,- of - 7-pA Vf -Z �F,q WA )� (T KF. A"VFNut ru5L�c WAY) '0i WISE - RICHARD L. RAY CERTIFIED HEALTH OFFICER BOARD OF HEALTH TOWN BUILDING ANNEX ■ 37 WASHINGTON ST. NANTUCKET, MASSACHUSETTS ■ 02554 TEL: 508 - 228 -7226 FAX: 508 - 325 -7556 To; Board of Health —Town of Nantucket From: Richard Ray — Director — Nantucket Health Department Date: November 5, 2012 Re: Tight tank application - 17 Massachusetts Avenue Dear Board Members, Please find enclosed correspondence from Bracken Engineering requesting permission to install a tight tank serving an existing 3 bedroom dwelling at the above noted address. The tank will service bathroom facility waste only with all other drain wastes (sinks & showers) being directed to a gray water system installed on the property. This installation allows for a gray water leach facility to be located within closer proximity to the groundwater (3 ft) as nutrient loading will be minimized due to the absence of bathroom facility waste. RECOMMENDATION: This office recommends approval of the tight tank configuration for this property with the provision that the property remains seasonal in use as directed by the Department of Environmental Protection in its approval process. If approved, notice of this approval will be provided to the Department of Public Works and the Assessor's office for collection of all pertinent fees associated with the disposal of waste at Nantucket's waste water treatment facility. 49 Herring Pond Road Buzzards Bay, MA 02532 _ _ _ _ Tel (508) 833 -0070 Fax (508) 833 - 2282 October 5, 2012 Mr. Richard Ray Nantucket Health Department 2 Fairgrounds Road Nantucket, MA 02554 Re: Proposed Goose Cove Subdivision Variance Request 5 & 7 S. Cambridge St., Map 59.4, Parcels 30,132, & 133 Dear Mr. Ray, Nantucket Office: 19 Old South Road Nantucket, MA 02554 Tel (508) 325 -0044 Please find accompanying this letter the following supporting information in regards to the variances requested below from the Nantucket Board of Health regulations: • "Proposed Septic System Layout Plan", dated 10.02.12; • "Existing & Proposed Soil Absorption System Influence Area Exhibit ", dated 10.02.12; • "Engineering Peer Review and Nutrient Loading Assessment" Memorandum, prepared by Norfolk Ram Group, LLC, dated 10.04.12 The applicant proposes to redevelop the existing tennis club facility at 5 S. Cambridge Street into a four lot residential subdivision. Each of the proposed lots is to be serviced by municipal water and an individual onsite soil absorption system. The applicant also proposes to upgrade the existing septic system servicing 7 S. Cambridge St. in conjunction with the project. Each proposed septic system will be designed in accordance to Title 5 -310 CMR 15.00 and will be comprised of a Department approved nitrogen removal innovative /alternative (I/A) unit and drip irrigation field. The implementation of the I/A treatment units and granting of the requested variances, identified below, will improve the protection of the health, welfare and safety of the general public and surrounding environment and will have no increased influence on any future well locations on abutting properties. Per Section 67.06 of the Nantucket Board of Health Regulations we are respectfully requesting that the below identified variances be granted because (i) the enforcement of the provisions from which the variances are sought would be manifestly unjust and (ii) the proposed project provides an increased degree of protection. Required Provided 51.02B: S.A.S to property line: 50' 10' 51.02C. Reserve area to primary S.A.S.: 15' 0' Enforcement would be manifestly unjust for several reasons. First, strict adherence to the Regulations would require construction, operation and maintenance of a shared septic system for the homeowners in the subdivision. This would, for the same degree of environmental protection, impose substantial costs far above those required to construct and maintain individual septic systems. Such costs would include not only a large initial investment, but also substantial ongoing operation and maintenance expenses. In addition, a shared system would necessitate that homeowners create and enforce compliance mechanisms to implement the system's operation and management — which would be unnecessary for individual septic systems. The Board of Health also should note that the septic system locations on abutting parcels do not comply with the requirement for a 50 -foot setback, which requirement has been in place since 1973, suggesting that abutting owners have applied for and received the requested variances in order to authorize new construction. Finally, the need for the requested variances does not arise from the size of the proposed subdivision lots; to the contrary, the subject lots are 50% to 100% larger than the minimum lot size under applicable zoning, as well as larger than most lots in Madaket. Based on the findings identified in the attached "Engineering Peer Review and Nutrient Loading Assessment ", the proposed project provides an increased degree of protection through its use of an UA treatment system. Thank you for your consideration of this request. We look forward to reviewing this with you and the Board of Health at your next scheduled meeting on October 18`l', 2012. Please call our office if you have any questions or require any further information regarding this project. Sincerely, Bracken Engineering, Inc. Donald F. Bracken, Jr., P.E President 2143104.4 W 44T WH 6 �VV 0 °2et�ti VP1� &h � 1Nr( e �ha 0 � z W U 0 h4 �ha I h Li Ir' � v t \ WNti �^NjJ QU� e � P J �h3 0 Via\ go. �_ _�M. � ,' • /�! li ilk t�Y' � � � i 1 �:� �r!!! t i t f r � �� •s.... �� '.,. F� +�~� � 'i nMBEK Wi1LL rN' _ j t 1 t ' \ 10 EX. BLOC. t t t Ls6� "t G b b k y y A B LD G � 4 life � ox � a$ O Agg all; ^� g a ^. a a4 g 9 a a as O il a111 n 11° a a d pp � k6N s ! Cp a s a a 2 0 a a = • ° 1r� ° g d idd M Ass , 'd 9 i a p Agg cr 1M -mil I Jillgr,•:::i:i • III I iii I JJ 4os Ir' � v t \ WNti �^NjJ QU� e � P J �h3 0 Via\ go. �_ _�M. � ,' • /�! li ilk t�Y' � � � i 1 �:� �r!!! t i t f r � �� •s.... �� '.,. F� +�~� � 'i nMBEK Wi1LL rN' _ j t 1 t ' \ 10 EX. BLOC. t t t Ls6� "t G b b k y y A B LD G � 4 life � ox � a$ O Agg all; ^� g a ^. a a4 g 9 a a as O il a111 n 11° a a d pp � k6N s ! Cp a s a a 2 0 a a = • ° 1r� ° g d idd M Ass , 'd 9 i a p Agg — ltll I I it "• / !�— --------- }ICI ' y 8 I s %!t v 4 I I J J I \ 1 1 t 8$! cr I Jillgr,•:::i:i • III I iii I ! ! /// ! — ltll I I it "• / !�— --------- }ICI ' y 8 I s %!t v 4 I I J J I \ 1 1 t 8$! ! f ( i r J � tr RICHARD L. RAY CERTIFIED HEALTH OFFICER TOWN BUILDING ANNEX ■ 37 VVASHINGTON ST. NANTUCKET, MASSACHUSETTS ■ 02554 TEL: 508 - 228 -7226 FAX: 508 - 325 -7556 To: Board of Health —Town of Nantucket 1 1f 1 From: Richard Ray — Director — Nantucket Health Department Date: November 5, 2012 Re: variance request for 5& 7 South Cambridge Street Dear Board Members, Please find enclosed correspondence from Bracken Engineering requesting relief from section 67.06 Distances of the Nantucket Board of Health Regulations Effecting Madaket. These variances are requested for the installation of 4 new septic systems on recently subdivided property currently occupied by an office building and tennis courts currently in disrepair. Although these variance requests are for new construction, they are minor in nature and are normally addressed with "in house approvals" by the Director of the Department. They are brought to the Board for Board approval as they are for new construction and require some discussion as to the recommendation. Prior to subdividing the properties (currently 2 lots), the potential existed for the installation of a code compliant septic system capable of addressing over 1,620 gallons of effluent per day without the requirement of any form of pretreatment to reduce nutrient loading to the water table and thereby to Goose Cove and Long Pond. The current re- configuration of the two lots in question to create a 4 lot subdivision does not increase the effluent loading to the soils previous delineated as 1,620 gallons per day, as there are 3 four bedroom dwelling and 1 three bedroom dwelling proposed for the properties totaling 1,620 gallons per day. However, the proponents have proposed the installation of alternative nutrient reducing technologies as well as drip irrigation systems for each lot, thereby; 1. Reducing the nitrate loading by approximately 40 % with I/A technology 2. Increasing the separation of the bottom of the leach facility to groundwater from 6 feet to 7.4 feet. 3. Placing the leach dispersaal tubing within the biologically active zone thereby further reducing the nutrient loading of the groundwater in the area. RECOMMENDATION: Although this is new construction, and this Department does not normally recommend granting variances for new construction, the proponents have demonstrated a further degree of groundwater protection from nutrient loading over and above the conventional use of the two properties incorporating non nutrient reducing systems. In noting the above, this Office recommends granting the above noted variances. Effective October 12, 2012, several new hunting regulations have been promulgated which expand wild turkey hunting opportunities across the state. These regulations take effect in time for the 2012 fall turkey hunting season. 1. Wildlife Management Zones (WMZ) 10, 11, and 12, which encompasses eastern Massachusetts and Cape Cod, will open for the fall wild turkey hunting season. Previously, the fall wild turkey hunting season was open in only WMZs 1 -9 and 13; central and western Massachusetts and Martha's Vineyard. 2. The statewide fall wild turkey hunting season has been lengthened from one week to a two- week season. Fall wild turkey hunting season will begin on the second to last Monday in October and continue for 2 weeks. The 2012 fall hunting season dates are October 22 — November 3, 2012. 3. Permissible shot sizes for wild turkey hunting have been expanded to include #7 shot. Formerly, shot sizes were limited to #4 - 46 for wild turkey hunting. Fall wild turkey hunters are reminded that wild turkey hunting hours during this season begin one half hour before sunrise and end one half hour after sunset. Only those turkey hunters who did NOT harvest a season limit of 2 birds during the spring season are eligible for fall turkey hunting where 1 turkey of either sex may be harvested. All other regulations relative to wild turkey hunting apply. Thanks to successful restoration efforts by MassWildlife and other conservation partners such as the National Wild Turkey Federation, Massachusetts has a healthy and robust wild turkey population, allowing for the expansion of the fall hunting season. Recent technological development of turkey hunting - specific shotshells using denser - than-lead shot alloys (typically tungsten or bismuth) has improved the ballistics of smaller shot sizes, ensuring an effective turkey harvest. NEW DEER POSSESSION LIMITSON THE ISLANDS Effective October 12, 2012, the possession limit of unchecked deer in Wildlife Management Zones (WMZ) 13 and 14 (Martha's Vineyard, Nantucket, and the Elizabeth Islands) has been increased from 2 to 4 deer. Antlerless deer permit allocations in Wildlife Management Zones 13 and 14 are very high, due to high deer population densities. As an effort to increase the deer harvest in these zones, increasing the possession of a larger number of unchecked deer within 48 hours will give hunters more time in the field. Island deer hunters are reminded that all deer harvested on the islands must be taken to a game check station on the islands within 48 hours of harvest before transport off - island. Deer hunters who hunt on the islands (WMZ's 13 and 14) may purchase up to four antlerless deer permits per zone per day for Zones 13 and 14 available online and at any license agent location. Hunters are encouraged to purchase their permits well ahead of their planned hunting dates. Richard Ray From: Libby Gibson Sent: Thursday, October 18, 2012 5:02 PM To: Richard Ray Cc: 'Patty Roggeveen'; Erika Mooney; John Giorgio; Andrew Vorce Subject: Solid Waste Hauling Regulations Attachments: Solid Waste Hauling regulations At the October 17, 2012 Board of Selectmen's meeting, the Board voted to request that the Board of Health consider the adoption of the attached regulations. Please let us know when the matter will be scheduled for the Board of Health and please carefully review Town Counsel's email as to the process for adoption and some additional information that may be required if the Board of Health does adopt the regulations. Thank you. C. Elizabeth Gibson Town Manager Town of Nantucket (508) 228 -7255 Richard Ray From: John Giorgio [JGiorgio @k- plaw_com] Sent: Wednesday, August 15, 2012 2:09 PM To: Libby Gibson Cc: Erika Mooney; Gregg Tivnan Subject: Solid Waste Hauling regulations Attachments: KP- #455405- v1- nantucket= _solid waste_hauling_regulations.DOC Dear Libby; I am writing in response to your inquiry regarding the authority of the Town to regulate solid waste haulers. It is my understanding that the Town is interested in tracking the amounts of the various different solid wastes collected throughout the Town. There are several private solid waste haulers operating in Town, but they do not currently report the type or amount of waste that they collect. Pursuant to G.L c. 111, s. 31A, the Board of Health may enact a regulation that requires a permit for the removal or transportation of "garbage, offal or other offensive substances through the streets" of the Town. G.L. c. 111, s. 31B provides for a one thousand dollar fine for any violations of such regulations. In my experience, it is common for such regulations to require periodic reporting with respect to the amount and type of solid waste collected, the manner in which the waste will be transported and the destination of the waste. It is also common for communities to require application fees and insurance. I have prepared a proposed regulation (attached hereto) for consideration by the Board of Health. The Board may adopt this regulation at any duly noticed board meeting. No public hearing is required. You may notice that I left blanks for the amount of the application fee and the amount of insurance that should be required. As to the application fee, the Board has discretion as to how much of a fee to charge for such a permit, as long as the fee is reasonably calculated to cover the Board's administrative costs in administering the program associated with the permit. With regard to insurance, I recommend that you consult with the Town's insurance agent to determine the amounts of insurance customarily required for this type of endeavor. Please note that I have not included any requirement for the haulers to release their customer lists. In my experience, haulers would likely push back on such a requirement arguing that the information is proprietary. Furthermore, given the sporadic nature of c &d collection (from jobsites under construction), customer lists may be of limited utility. Please do not hesitate to contact me if you have any questions in this regard. John W. Giorgio, Esq. Kopelman and Paige, P.C. 101 Arch Street 12th Floor Boston, MA 02110 jgiorgio _k- p1aw.corn Phone: (617) 556 -0007 Fax: (617) 654 -1735 Mobile Phone: (617) 785 -0725 TOWN OF NANTUCKET BOARD OF HEALTH SOLID WASTE HAULING REGULATIONS SECTION 1: PURPOSE The within regulations are enacted so as to establish a procedure for the orderly administration of the collection of solid waste in the Town of Nantucket. SECTION 2: AUTHORITY These regulations are adopted pursuant to the authority granted to local boards of health under Massachusetts General Laws, Chapter 111, sections 31A and 31B. SECTION 3: WASTE HAULING PERMITS a. No person shall remove or transport garbage, offal, or other offensive substances, including recyclables and construction and demolition debris ( "C &D ") (hereinafter collectively referred to as "Solid Waste "), collected through the streets of the Town without first obtaining a permit from the Board of Health, b. For purposes of this Regulation, the term "person" shall mean any natural person, firm, corporation, partnership or entity engaged in the business of solid waste collection or who is hired to transport solid waste for a fee, except that the Town's Department of Public Works and/or its authorized agents may remove and transport garbage, offal or other offensive substances without a permit. c. Waste Hauling Permits shall be effective beginning on January first in the year of issue, and shall expire, unless previously revoked, on December thirty -first in the year of issue. d. No Waste Hauling Permit may be transferred without the prior express written approval of the Board of Health. SECTION 4: WASTE HAULING PERMIT APPLICATIONS a. All Waste Hauling Permit applications shall be submitted on a form provided by the Board of Health and shall be signed on oath under the pains and penalties of perjury. b. Waste Hauling Permits may be renewed annually on application. Renewal applications shall be submitted to the Board of Health no later than November first of the year proceeding the year for which renewal is sought. c. Any application for a Waste Hauling Permit, or for renewal of a Waste Hauling Permit shall be accompanied by the following: 1. a fee in the amount of dollars ($ .00); 2. the certificate of insurance required under Section 5 of this Regulation; 3. a complete description of the anticipated point of transfer, processing, and/or disposal location of the solid waste collected and the means of transportation; 4. an estimate of Solid Waste tonnage to be hauled during the year; and 5. a complete description of all trucks to be used, including registration information. d. Any incomplete application for a Waste Hauling Permit, or for renewal of a Waste Hauling Permit will be rejected. SECTION 5: REQUIREMENTS a. Each vehicle collecting Solid Waste shall carry a copy of the Permit at all times. b. All Waste Hauling Permit holders shall agree to abide by all rules and regulations set forth by the Board of Health, and shall abide by all other local, state and federal laws and regulations, including the Massachusetts Solid Waste Ban (3 10 CMR 19.017). c. Each applicant shall furnish to the Board of Health certificates from an insurance company licensed to do business in the Commonwealth of Massachusetts showing the applicant carries Public Liability Insurance in an amount not less than dollars ($ ) for the injury or death of one or more persons, and dollars ($ )for damage to property. Certificates of Insurance shall be furnished each year upon renewal of permit. The applicant shall notify the Board of Health at least 30 days prior to any cancellation or alteration in insurance policies. d. Vehicles shall have current state inspection stickers and be in safe and clean condition. e. Each driver of a vehicle employed by a hauler shall have a valid and appropriate driver's license. A copy of the license for each driver shall be submitted by the hauler to the Board of Health. f. Each vehicle employed by a hauler shall prominently display the name and phone number of the hauler. 2 g. Each vehicle employed by a hauler shall be impervious to the weather and fitted with waterproof tops, sides and bottoms. h. All vehicles used to transport and collect Solid Waste within the Town of Nantucket shall be subject to inspection by the Board of Health or its authorized agent on or about May first and October first each year. i. Hazardous Materials shall not be collected. For purposes of this Regulation, the term "Hazardous Materials" shall mean any waste or material, in any amount, which is defined, characterized or regulated as hazardous by or pursuant to 310 CMR 30.000 and other federal or state laws. j. All Solid Waste collected shall be taken to a transfer, processing and /or disposal facility licensed, permitted or approved by all governmental bodies and agencies having jurisdiction. SECTION 6: REPORTING AND INSPECTIONS a. Every Waste Hauling Permit holder shall submit to the Board of Health Quarterly Reports, on April 15, July 15, October 15 and January 15 for of each calendar year. Said Quarterly Report shall include the following information for the previous quarter: 1. A description of the actual point of transfer, processing, and/or disposal location of the solid waste collected and the means of transportation; 2. The total tonnage of Solid Waste collected; and 3. A breakdown of the total tonnage of each type of Solid Waste collected, broken down according to residential, commercial, C &D and recyclables. SECTION 7: ENFORCEMENT a. The Board of Health may suspend or revoke any permit issued pursuant to these regulations for any violation of these regulations, or any other applicable General Law, regulation or by-law. Such revocation or suspension may take place after a hearing held by the Board of Health of which the permit holder is given seven (7) days written notice. Such notice shall be deemed given upon mailing same, certified mail, return receipt requested, to the address listed on the permit application. b. This regulation may be enforced by any Town police officers or agents of the Town's Board of Health. Whoever violates any provision of this regulation may be penalized by a noncriminal disposition process as provided in G.L. c.40, §21D and the Town's non - criminal disposition by -law. If noncriminal disposition is elected, then any person who violates any provision of this by -law shall be subject to a penalty in the 3 455405 amount of three hundred dollars ($300.00) per day for each day of violation, commencing ten days following day of receipt of written notice from the Board of Health. Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense. c. Whoever violates any provision of this by -law may be penalized by indictment or on complaint brought in the district court. Except as may be otherwise provided by law and as the district court may see fit to impose, the maximum penalty for each violation or offense shall be one thousand dollars ($1,000). Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense. d. The Board of Health may enforce these Regulations or enjoin violations thereof through any lawful process, and the election of one remedy by the Board of Health shall not preclude enforcement through any other lawful means. II u Sarah Burke 714 Field House, UMass 171 Orchard Hill Dr. Amherst, MA 01003 Public Health Assistant Report At Nantucket Cottage Hospital I reported the incidence of tick -borne diseases on Nantucket in 2012. I reviewed medical records from the Island Physician Offices and the Emergency Department when Infection Control received a positive blood test for Lyme disease, anaplasmosis, or babesiosis. In addition, I reviewed records from both the ER and the Island Physician Offices for cases in which Lyme disease cases were diagnosed without blood tests based on the appearance of the characteristic rash. All cases were reported to the Massachusetts Department of Public Health through MAVEN (Massachusetts Virtual Epidemiologic Network). I also complied a "Tick Log" for 2012, which included cases with out -of -state addresses that not accounted for in MAVEN reports. Other duties included faxing positive lab results to MA DPH, and completing unfinished reports from previous years. Charlene Chadwick, acted as my mentor; I checked in with her daily about my progress, and I deferred to her when more information about a patient was needed from one of the physicians. I did not have much direct contact with the Island Physician Offices, since the records were accessed electronically. However, staff from the offices did work with me to make sure that previous years' reports were completed. Medical Records personnel were friendly and helpful when I had trouble locating ER records. I also contacted the MAVEN Help Desk very often about sharing cases and merging events. I encountered few difficulties in working with the staff at NCH or the Island Physician Offices.