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HomeMy WebLinkAboutArticle 68 Wrk Grp Minutes - 06 01 2010_201402041900177569ARTICLE 68 WORK GROUP MEETING HELD TUESDAY, JUNE 1ST, 2010 AT 10:30 AM, CONFERENCE ROOM, 2 FAIRGROUNDS ROAD Approved Minutes Attendance Members Present: Peter Boyce, Cormac Collier, Carolyn Ellis, David Fronzuto, Bam LaFarge, Mark Lucas, Wendy McCrae, Mike Misurelli, Richard Ray, Lee Saperstein, Ernest Steinauer, and Lucinda Young Members Absent: Seth Rutherford Administrative Assistant: Jim Sutherland Guests: Rick Atherton, Natalie Marcus, Ron Shepherd, Whitey Willauer Call to Order Chairperson (CP) Lucinda Young called the meeting to order at 10:31 am. The meeting agenda, provided previously, was introduced and CP Young solicited comments on it. Bam LaFarge asked whether it would be appropriate to have a location in the meeting agenda where there could be discussion about items that don’t fall into other agenda categories. CP Young mentioned that she wanted to incorporate some other issues at this meeting under Agenda Item 4, Announcements, e.g., the protocol for accepting and posting future documents on the Town web-site. CP Young mentioned Agenda Item 6a, Continued review of draft regulation found in Article 68 – Examination of results of previous discussion as presented in the partial draft of May 18, 2010, and asked about postponing this item until review of the whole document can take place. There was a consensus that a broad overview would be more appropriate for the regulation review process when we had a complete first draft. Approval of Meeting Minutes for May 18, 2010 The minutes had been distributed previously. There was one comment about the spelling of a name, ‘John Wisentauer’ should be ‘Jonathan Wisentaner’. Lee Saperstein had a question for the group related to an item, or items, not approved by the group, specifically the working document; should the group be in control of what documents and materials are released if they are not yet ‘official’? It was agreed that the group does have control and that draft documents can ‘exist’ and do not have to be ‘attached’ for public review. MOTION: There was a motion made by Wendy McCrae, seconded by Peter Boyce, that the minutes of the May 18, 2010, meeting be approved with the suggested spelling correction. Motion passed. Announcements and Reports CP Young announced that Jim Sutherland had been hired by the Town to record the minutes of each meeting and to provide general assistance with other administrative duties. CP Young also announced that Peter Boyce, Lee Saperstein and she had an informal meeting Monday last (May 25th) to set the agenda for today’s meeting and to set interim goals with a time-line for completion of our charge. An outline of the time-line will be provided for review at the next meeting. Dave Fronzuto, Marine Superintendent, Department of Coastal and Marine Resources, was introduced and provided a report for the work group on the harbor and water quality, including historical aspects. He presented an overview as to where Nantucket is, at this point, in terms of marine and lacustrine water quality. There is a lot of mis-information and an unknown educational component. During the late 1980’s, Nantucket started working with Woods Hole Oceanographic Institute, WHOI, and Dr. Brian Howes. This was a public and private-funded effort that cost about one million dollars. Nantucket has been in the forefront of water quality efforts as compared with the rest of the Commonwealth. In the early 1990’s, extensive sampling was needed and there were two full-time Town biologists to gather samples. For comparison, currently, there is one full-time biologist, and one vacant position, which is affected by the hiring freeze. Tasks were divided into water quality/water sampling and work on shellfish propagation. From 1993–2008, the Town continued water-quality sampling and data collection. Around 2000, the Massachusetts Estuaries Project was initiated. The Town had plenty of data, having spent from $30,000 – $50,000 per year, so there was a lot of documentation. Now, what was needed was interpretation. The Estuaries Project had the ability to analyze data and develop a TMDL (Total Maximum Daily Load) as a planning tool for embayments. Superintendent Fronzuto next explained the Federal No-Discharge Zone designation: no treated or untreated sewage can be discharged within the Nantucket Zone, which is within a line drawn between Great Point and Muskeget Island. Boats must “hold” their black water until it can be discharged into an appropriate sewer line. The Town pumps a total of 35,000 – 40,000 gallons of sewage from boats each year; the total for all pumping facilities is 100,000 – 120,000 gallons per year; there are 240 slips with hook-ups for sewage to be pumped. The program receives about 75 percent of its funding from the Federal Clean Vessel Act. During the months of July and August about 3,100 -3,300 boats are pumped out. The Estuaries Project was explained. There are three segments including Nantucket Harbor- Sesachacha Pond, Madaket Harbor–Long Pond, and Hummock Pond. The Critical Embayments Inventory had 11 communities identified in the Round 1 review. Nantucket went to the table with their documentation. In the final analysis, the Nantucket Harbor-Sesachacha Pond TMDL cost the Town of Nantucket zero dollars based upon the existence of previously collected data and documentation. In the context of this discussion, Dave provided an idea of how much other local communities have spent on monitoring for the same final result (Chatham, $300,000; Falmouth, $340,000; Yarmouth $500,000). Nantucket dollars had been well-spent on previous monitoring. Madaket Harbor had been studied, but there was not enough data collection for it to be included in Round 1. Round 2 of the Critical Embayments Review had 13 critical embayments; Madaket Harbor was not included. An assessment was made that more work was required. Based upon the data available, there was a re-evaluation of Madaket Harbor and it was finally included in the Project. the total cost for Madaket will be $120,000, of which, $20,000 will still be owed when final report is provided in Fall 2010. This part of the Project includes Madaket Harbor, HitherCreek, the wetland ditch that runs into Long Pond, and Long Pond, four sections comprise the Madaket Harbor component. Because of the nearness of septic systems to the groundwater, Hither Creek never will open to shellfishing; Madaket Harbor is closed July 1st to December 31st of each year, which is now an automatic closure. Harbor water quality did improve while the Smith Point cut was open but then declined when the cut closed up again. Brian Howes has said the status of Nantucket Harbor has remained ‘the glass is full’, which is to say that its quality is within limits but tipping anything more into the Harbor will cause it to exceed contaminant thresholds, i.e. the glass is full and it can’t take any more. To prevent it from going over the tipping point, something needs to be done about storm-water, sewage and fertilizer. After-the-fact Harbor remediation would cost major dollars. During Round 3 of the Critical Embayments Inventory, Hummock Pond was not on the list in spite of lots of data collected; however, Hummock Pond was included, however, in 4th round and sampling of it has been occurring for the past 4-5 years. The Vineyard (Dukes County) and Nantucket are the only Commonwealth communities to receive state funds for shellfish propagation. Based upon a legislative act, $45,000 per year is designated in the State budget for propagation efforts in the two counties. Nantucket receives half, $22,500, and adds to it 75 percent of annual shell fishing license fees ,which average $60,000 per year; the other 25 percent goes to salaries, equipment, etc. The total budget is $80,000 - $85,000 per year for shellfish propagation; the annual variability is a function of the number of licenses sold. During 2008, the Town biologist left; the other position was vacant from the hiring freeze. As a result, there was no one to collect routine samples -- mandated samples were collected to test for fecal coliform --; thus, there was no water-quality sampling. During December 2009, Tara Riley was hired as Town biologist; she has an extensive background and was Director of Operations for the largest shellfish hatchery on the east coast. Tara Riley provides a very strong commitment; she is re-establishing the shellfish hatchery on Nantucket. The Nantucket Community Association wanted more water quality sampling in the Harbor; funds have been solicited for this. A gift of $45,000 - $50,000 has been provided by several organizations to continue the sampling work. Data analysis will be provided by the School for Marine Science and Technology, UMass Dartmouth, SMAST. Sampling is to be conducted by Nantucket’s Marine Department personnel who have been trained just recently; they started sampling in April of this year -- the SMAST contract specifies the analysis of 388 total samples for nitrogen, phosphorous, chlorophyll, and physical measurements. All ponds, Nantucket Harbor and Madaket harbor are being sampled; there is some sampling flexibility around weather events. A draft report on 2010 water quality will be available in February 2011; a public forum will be held during June 2011 and the final report will be released that month also. The Town hoped for a three-year funding commitment but received only a one-year commitment Dave Fronzuto discussed storm-water remediation on Nantucket for which millions of dollars have been spent. Examples include remediation at the High School, the Silver Street Parking lot and the wetland at the end of the Washington Street extension (runoff from Orange and Union drains there). Another project currently on the table is the Consue Springs watershed; the intention is to make a working wetland instead of a dumping bed. In closing, Dave emphasized the importance of moving forward with fertilization issue and keeping the ‘glass full’ instead of spilling over….. Questions for Dave Fronzuto: Are there differences in how boaters handle sewage vs. grey water? Sewage is called black water and comes from the head (marine toilet) and goes to a black-water tank holding tank. Grey water includes discharge from sinks, showers, washing machines, boat wash-downs, etc.; dumping of grey water is prohibited in Nantucket Harbor by Town Bylaw. Unfortunately, holding tanks for grey-water are non-existent on most recreational boats, except in the newest or most recently retrofitted boats. The use of dishwashers/washing machines has been banned in Nantucket Harbor. The average pump-out volume is 25 gallons per boat; most sewage tanks are very small; manufacturers haven’t gotten the message. Grey-water is a tough issue to resolve. Lee Saperstein asked, regarding the original Howes report: March 1997, “Nantucket Harbor Study - A Quantitative Assessment of the Environmental Health,” which is not available electronically, can it be made available? An attempt will be made Whitey Willauer asked about pump-out in federal waters beyond the no-discharge limit? Dave Fronzuto responded that there is a movement to designate all of Nantucket Sound as a Federal No Discharge Zone; boats can still go out beyond the three-mile limit and pump out. Luckily the majority of boat pump-out will be in Hyannis and Woods Hole for Steamship Authority and HyLine boats. The next question was about pleasure boats. Will they not be allowed to pump out in that area and it was suggested that enforcement by the Town can go out to 3 miles. It will be necessary to educate people at the dock that Nantucket Sound water quality is declining and their cooperation is essential. Water samples for nutrient analysis are collected at certain times and certain parts of the tide cycle; an extended Federal No Discharge Zone should help improve water quality in the area. CP Young asked if sampling can tell about different sources of pollution. The answer is ‘no’; however, any reduction is going to be helpful. Richard Ray, Health Director, was introduced and provided background on Department of Health (DOH) activities. Dave Fronzuto conducts diagnostic studies, Richard Ray conducts remediation work; this system works well for Nantucket. Nantucket Harbor water quality has been studied since 1978. He described early work in the Harbor area. At first, they thought that water-quality problems were associated with water-based issues; following their regimen of sampling, they realized that the water quality issues are land-based. The best example was the Children’s Beach discharge pipe; most water-quality samples collected for coliform bacteria came back TNTC (colonies too numerous to count). It was found that many houses were plumbed into the storm-water drain pipe rather than the sewer; once these connections were corrected the water-quality at the beach improved to the point that it is one of the best in the Harbor. This was the example that proved the issue was land-based. Land-based use is contributing to the overall water-quality problems in Nantucket Harbor; the primary reason for these problems is the short depth from surface or from buried septic systems to ground-water (5 feet below), which drains to the Harbor. The Harbor watershed was evaluated for its contaminant potential. With its regulatory authority, the DOH developed regulations in two zones that drain into Nantucket Harbor; these were designated septic system inspection areas and were determined by their proximity to the Harbor. The new regulations allowed two years for inspections. A local ordinance was passed authorizing the inspection and the program started 5 years ago. There are 602 systems in the entire area and inspections took longer than expected. The inspection period was extended by two years given the amount of work involved and the program was completed about five months ago. A map was provided to the Group (available from the Department of Health) that showed areas where systems are a problem: 596 systems were inspected; 516 were compliant and passed; 80 systems failed (either hydraulic or technical); hydraulic failures were fixed right away; the technical failures were given a 1-1/2 year period for remediation. Madaket Harbor was approached in the same manner but problems became more difficult to define and, consequently to fix. The zone of contribution – from groundwater to the Harbor – was defined, also with two areas in this watershed. Time periods were imposed on the different areas. It was an ambitious program and there is a need to educate people to the urgency of this problem. The inspection process is about one-half completed; septic systems are in worse shape out here. The process of remediation also is complicated because of the seasonality of residence in this area. There are more technical issues since many systems do not meet code; homes are older. Assistance will be provided to homeowners for remediation; Richard Ray plans to bring up this issue at the next Town meeting. His proposal is to create a superfund for septic repair to which a homeowner may apply for remediation funding; if the owner agrees to pay the money back, the loan amount is paid over time and added to annual tax bill. Interest charges will intentionally be kept low. This system takes the burden off of the home-owner; the proposed system will ask the State for ½ million dollars to expedite remediation. Richard Ray showed maps of systems that potentially affect water quality in the harbors; many properties dealt with by landscape individuals are within the problems areas. Questions for Richard Ray: Lee Saperstein asked about the proposed Old Historic District swimming pool on Orange Street; where would the pool pump-out go? Richard Ray didn’t know the answer; pools have to be chlorinated, so that has to be a consideration. Saperstein also asked what happens to Town sewage sludge. Sludge gets added to the digester at the landfill; it is an organic component, but the makeup is not assured; however, it is tested regularly for heavy metals and is provided as compost and mulch. Saperstein also asked about Working Group options within DOH regulations; could health-based regulations be able to handle fertilizer issues. The answer was definitely yes; algae blooms are a health issue and regulations to help prevent a health problem can be created within Board of Health purview. Thus, there could be enforcement actions associated with fertilizer regulations. The next question was what constitutes technical failure? The answer is, primarily, the closeness to ground-water; 6 feet minimum separation is required; if less than that amount, then technically the system fails. Nantucket is the only town that fails cesspools based upon definition. The average septic system produces 20-35 ppm nitrogen loading; with a 6-foot separation that value could stay in the range of 25-30 ppm; alternative technology could get that value down to 8-12 ppm. Seasonal systems are a problem since they are not used regularly. Systems that produce the lowest N loading are systems that function 24/7. An internal biological mat is needed for proper operation. If there is a period of inactivity, the mat needs to re-build when the system is not used regularly. Systems can be rejected down until proven to be effective – Cormac Collier offered a comment: inspection programs for Nantucket Harbor and Madaket Harbor are very significant and effective; however, Title 5 septic systems, working well and passing inspection, still present a nitrogen problem for harbors and other waters. With regard to the Nitrogen TMDL and the work group charged with reducing fertilizer impacts through regulations and education, if we bring down the amount from 20 percent to 10 percent, are we doing our job properly? Also, how do we use the estuaries hydrodynamic model to determine if we are making an impact? Richard Ray replied that it costs the Town money to run the model, about $2,000 per run. He thinks that we can reach the TMDL in Nantucket Harbor but that the TMDL for Madaket Harbor will be more difficult to achieve. Whitey Willauer asked if we can determine where the hot spots are for fertilizer? Richard Ray says you can’t determine by testing harbor and pond water quality; either it can’t be done or is too expensive. He did suggest that aerial photography could reveal the intensely green lawns. Perhaps, also, we could utilize the Nantucket coast guard with special cameras; monitoring wells are another option. Adjourn MOTION: At this point, a motion was made by Mike Misurelli, seconded by Bam Lafarge, to adjourn the meeting. The motion passed. The meeting was adjourned at 12:06 pm. Next Meeting: Tuesday, June 15th at 10:30 am in the Conference Room at 2 Fairgrounds Road Respectfully submitted, James W. Sutherland, Administrative Assistant Lee W. Saperstein, Secretary