Loading...
HomeMy WebLinkAbout2015-2-26Minutes for February 26, 2015, adopted Apr. 16 BOARD OF HEALTH Town of Nantucket 2 Fairgrounds Road Nantucket, Massachusetts 02554 www.nantucket-ma.gov Commissioners: Malcolm MacNab, MD, PHD, (chair), James Cooper (Vice chair), Helene Weld, RN, Stephen Visco, Rick Atherton Staff: Richard Rav, Artell Cr -- MINUTES -- Continuation Thursday, February 19, 2015 Meeting February 26, 2015 4 Fairgrounds Road, Community Room — 4:00 pm Called back into order at 4:00 p.m. February 26, 2015 Staff in attendance: Richard Ray, Health Director; Artell Crowley, Deputy Director Health Other Town Staff. Jeff Carlson, Natural Resources Director; Caitlin Sharp, Water Quality Specialist; Kara Buzanoski, Department of Public Works Director Attending Members: Malcolm MacNab, MD, PHD; James Cooper; Helene Weld, RN; Stephen Visco; Rick Atherton, Board of Selectmen Absent Members: None Agenda adopted by unanimous consent APPROVAL OF 1. December 18, 2014 Adopted by unanimous consent END] S3 • • 10 "-1 N • • • II 1. Regulation 69.00: Connections to New and Existing Publicly Owned Sanitary Sewer Lines Sitting MacNab, Cooper, Weld, Visco, Atherton Documentation Supporting documents and plans, staff recommendations. Discussion MacNab — At the December and January meetings, there was talk about issuing letters to people. Asked Mr. Ray about the status of accomplishing that. Ray — Due to issues beyond his control, that letter has not yet gone out; effort will be made to send it out this week. MacNab — That letter will officially inform people that they have sewer available and have 2 years to hook up to it. In the December minutes, it states that a policy shall be issued and approved by the BOH. Asked the status on that. Ray — No action yet. Said that the office is in the process of sending out all the letters to residents in the Hummock Pond Watershed District mandating that the septic inspections be done. Once an inspection is done, the property owner must notify his office. Atherton — One of the issues before was lack of return receipt; asked if all these letters are going out certified return receipt requested. Ray — Yes, every letter, and that is what is taking the extra time to get them out. Page 1 of 4 Minutes for February 26, 2015, adopted Apr. 16 CWTI-CERNS FROM BOARD 1. Discussion continued - Regulation 64.00: On -Site Sewage Disposal Systems Sitting MacNab, Cooper, Weld, Visco, Atherton Documentation Supporting documents and plans, staff recommendations. Discussion MacNab — Asked why there is a Regulation 64 and 69 and why aren't these all in one place Ray — These refer to two different zones and need to be separate. 69 is a regulation stating when it is required that people to hook up sewer and applies to every sewer line on the island. MacNab — We are moving along in dealing with the issues of the harbor, which is high priority. Referred to Mr. Carlson's letter and draft proposed changes to Regulation 64:00. Carlson — His office had been asked by the BOS to look into some of the inputs as far as nutrients go into Nantucket Harbor as it applies to harbor health and the loss of eel grass. MacNab — We have the fertilizer regulations that should help; asked about compliance with those regulations. Carlson — Admired compliance could have been better last year, but they did license over 300 people. Another licensing class is scheduled for March 17. Have started looking at better ways to do and tracking of enforcement. His department has discussed the possibility of a seasonal employee who will be dedicated solely to fertilizer enforcement starting April 1 through the season. Looking into readable cards for licensed landscapers that will help track violations. Last years class focused on turf management; this year's class is focused on the specifics of Best Management Practices (BMP). They received from excellent feedback from last year, the first trial year. Cooper — Asked if the enforcement of this on Mr. Carlson's agenda for this coming season. Carlson — Yes. Pointed out that one difficulty they have had is that a lot of these are private properties and they don't always have the ability to access to them for purposes of enforcement. MacNab — Asked if there is a way to amend the regulations so that the enforcement agent has access to private properties. Carlson — the mechanisms to do that would have to be explored. This year within the Harbor Watershed Zone, they will try to get out an informational questionnaire about getting permission to come on to properties to check what they are using. It would also contain educational information about how serious an issue this is for Nantucket and who to call for answers to any questions and what to ask their landscaper. Cooper — Asked if it is in a sensitive areas, doesn't the Town have some right to that. Ray — No, there is nothing concrete; it is something that has to be built into the regulation. MacNab — That has to be put on the "to -do" list. Carlson — In the meantime, that is why he is trying to get voluntary permission to check. Weld — Remembered that one hope was that the commercial vendors would lean more toward the organic. Carlson — They have seen an increase and also one of distributor has actually begun to design specific programs and specific fertilizer products tailored to Nantucket's BMP. A number of landscape companies are using that distributor for their products. A couple of other distributors are following that lead. These companies will be able to market the product as BMP compliant. MacNab — Asked for questions or comments on Mr. Carlson's proposed changes to 64.04 Performance Standards for Leaching Facilities. Atherton — He assumes they still essentially same thing. Carlson — They are looking at the two zones: A Zone is closest to the harbor and B Zone is further out. Hopefully looking at over time converting to either Innovative Alternative Technology (I /A) systems or sewer or change in groundwater separation in order to reduce Page 2 of 4 Minutes for February 26, 2015, adopted Apr. 16 the nitrogen loading. They are also looking at ways to improve the mandatory pump -out requirement. A third goal is catching failures more quickly and addressing them. This proposal requires inspections every two -years in nitrogen sensitive areas and get people back onto a regular pump -out schedule. In situations of failure, people would be urged to convert to an I/A system. The important piece still missing is how it ties into the sewer -needs areas. Atherton — Asked him to be more specific about what the regulations say. Mr. Carlson is talking about nitrogen sensitive areas and Mr. Atherton thought the Harbor Watershed District Zones A & B inspections would be required every two years. Carlson — Inspections would be required every two year for septic systems within the Harbor Watershed District. The rest of the regulations addresses what happens if a system fails hydraulically or technically: when pump out is required and that 24 months is the time allotted for a failed system to be upgraded to an I/A system. Atherton — He understood that the regulations would require hydraulically or technically failed system to be converted to an I/A system within 18 months and there would be a variance process to allow for something other than I/A for those where separation and distance from the harbor is appropriate. Carlson — At this point, the draft changes don't include that. The request for variances provisions came since he put together this draft. The variance process is something that needs to be fully vetted and put together. Currently the draft still states 24 months to upgrade a technically failed system to I /A. Atherton — Thought there was talk about 18 months to make that upgrade. Visco — If there is an hydraulic failure, it is 6 months to make the upgrade. MacNab — Under 64.04:13.6., it needs to be changed to 6 months for hydraulic failure to be consistent with the rest of the Town regulations. Carlson — Before these are ready for a public hearing, they have to be rechecked and reviewed by Town Counsel. This draft is preliminary thoughts. Cooper — Asked how quickly this needs to be put into place. He wants a timeline so that this doesn't drag on. Ray — Expects there to be a streamlining of these regulations. This is a laudable first effort. He believes a reasonable amount of time, that doesn't rush this to judgment, would be in 30 days go over them, in April hold a public hearing, and in May adopt them. This is a very important amendment to this regulation that affects a large number of people. He wants to be sure that the enforcement is appropriate and that everyone is on the right track. MacNab — The next draft can be brought to the March meeting and have a public hearing in April with the target for approval being the end of April. Ray — For regulatory changes, the public hearing has to be advertised three weeks preceding the scheduled hearing. MacNab — The public hearing should be scheduled as soon as legally possible in April. Atherton — Wants to continue the discussion on the wording of the draft. If there is a hydraulic or technical failure, an I/A systems has to be installed and then there is a variance, which allows people to step out. MacNab — Upgrade within 6 months is in line with the other regulations. Visco — The 6- months requirement is for hydraulic failure. Atherton — If there is a technical failure, it goes into the 18 or 24 months; his point is to for 18 which can be extended. In regards to sewer districts, sewer going to Monomoy and Shimmo is uncertain that it would better to include them as part of this process. If and when sewer comes to those areas, people who upgraded would look to credit toward betterment or something along that line so that the financial impact is ameliorated. That would keep this moving forward. MacNab — He supports that idea. Page 3 of 4 Minutes for February 26, 2015, adopted Apr. 16 Buzanoski — The sewer planning workgroup will be meeting on February 27. If it is the sense of this board to implement these regulations for the Monomoy /Shimmo area, she will bring that to them. She thinks it is important part of the process for them to take it into account during their deliberation on how to move forward. MacNab — Since he has not heard any objection to that, he thinks Ms Buzanoski should move forward on it. The months under paragraph 6 needs to be changed. Atherton — Where the Harbor Watershed Protection District goes through Town, that is almost all sewer so there is no overly concern those. It looks like it is from Monomoy out that would be impacted by these regulations. Cooper — Asked how far the Town sewer goes down Monomoy Road. Ray — All the way to the end. Visco — Asked about including that the health agent witnesses all inspections, especially in Zones A & B. Ray — He doesn't have a problem with doing that. His concern is Paragraph 7, the pre- season inspection, maintenance and recharge 8 weeks prior to residents arriving. Logistically he doesn't know how witnessing of the activation of the soil absorption system's biological map would happen. If it isn't witnessed, they don't know if it happened. Visco — A lot of these houses have caretakers and there are products to jump -start the systems. Atherton — Some of this would have to be self - policing; we hope they do it. Communication will be important; letters will probably have to go out letting property owners know what is expected and how to go about scheduling inspections. Ray — Something to look at down the road is seasonal or additional staffing for the Health Department given all these inspections. Buzanoski — The two -year inspections will help point out where systems are not working. She believes it will make a difference in ensuring the systems are working. IV. ADJOURNMENT Motion to Adjourn: 4:36 p.m. Submitted by: Terry L. Norton Page 4 of 4