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1/3/2002 BOARD OF HEALTH Minutes
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1/3/2002 BOARD OF HEALTH Minutes
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Mashpee_Meeting Documents
Board
BOARD OF HEALTH
Meeting Document Type
Minutes
Meeting Date
01/03/2002
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r <br /> That is as far as he understands 314 CMR 6, which is the BOH groundwater <br /> standards. That is a state regulation, which the BOH can enforce. Any potential <br /> threats to that or groundwater discharge even though those are state programs. <br /> The BOH on a local basis are the watchdogs for that. <br /> Mr. Ball continued that his last question would be the following. Could the BOH <br /> have jurisdiction over the driviiag range and require there to keep certain <br /> standards? <br /> Mr. Harrington responded that they do not have any jurisdiction over them in this <br /> matter. They have to come before the BOH for no permits whatsoever for any of <br /> this project. If the BOH wrote a letter in support of this... <br /> Mr. Doherty interrupted Mr. Harrington and stated that he disagreed. <br /> Is. warden stated that this whole project had been before the BOH several times. <br /> Mr. Doherty stated that the BOB has Jurisdiction throughout the town. They don't <br /> need a permit for this range. But if they start fertilizing it and the BOH obtains <br /> knowledge that it is impacting these wells. They have every right to go over there <br /> and regulate it or stop it. The only challenge would be t tale it to court because <br /> there is no board of appeals to a board of health ruling. period. But, that sets up <br /> the stage for the interpretation of the board of health. They are enforcing state <br /> rules and regulatibns as well as our own. They may be interpreting as it they way <br /> they want to interpret it. But, they have no other than the town borders where <br /> they go into Falmouth; it is jurisdiction over the whole town. It is not like <br /> Conservation who has loo" back. <br /> Mr. Henchy continued by stating that ghat he was asking the BOH members to <br /> do is to support the Cape Cod Commission assuming r gulatory jurisdiction over <br /> this project. The reason he is asking that of the BOH members is because of.the <br /> absence of any other regulatory mechanism to effect the way this turns out. He <br /> wanted to tell them that the planning board has taken a similar vote. They have <br /> sent a letter to the Cape Cod Commission expressing their support. <br /> Mr. Harrington confirmed that the BOH had at copy of that letter- and a copy of the <br /> Commission's letter. <br /> Mr. Hen by continued that he was not asking the BOH to assume any regulatory <br /> jurisdiction right now. He candidly thought that they would be on very thin in <br /> doing so. <br /> Ir. Santos stated that he had no problem with this request. <br /> Mr. Ball stated that he didn't want to make a decision.tonight. He wanted to <br /> research this a little before he made a decision. He then asked if there was a rush <br /> decision on this. <br /> Ir. Hncy replied that the Cape Cod Commission was going to be hearing the <br /> 3 <br />
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