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On August 21, 2019, Mr. Harrington walked the site with Patrick Sullivan of Ready Rooter. Ready Rooter
<br /> had performed the septic inspections and requested an agent witness the failed septic systems, as
<br /> required in the local Septic Inspection Regulation. Twelve of the systems were observed, not including
<br /> the laundry septic system. Six of the systems are cesspools that are considered failed under the Cesspool
<br /> Regulation, and the other six (6) systems are Title V systems, five of which failed inspection. In total, 11
<br /> of the observed septic systems are considered failed. One system requires replacement of H-10 septic
<br /> tanks with H-20, as they are under the parking area. The laundry system is a 2000 gallon cesspool which
<br /> overflowed two times in the last several months.
<br /> The fines were issued starting on July 29, 2019. Attorney Phelps' letter stated that Ready Rooter was
<br /> contacted on the day of receipt of the fine letter on July 261h. Historically,the board has not fined owners
<br /> if they are in the process of complying,so evidence of the date of hire of Ready Rooter may be important.
<br /> The violation of the Cesspool Regulation and subsequent fine could be applied back to the date of transfer,
<br /> due to the requirement to obtain a variance when cesspools are not upgraded prior to the sale. The
<br /> previous owner gets the benefit of the variance but the previous owner also failed to obtain the variance,
<br /> so was fined as well.
<br /> Avariance from the Cesspool Regulation should have been requested,which would allow the board to set
<br /> a timeframe for the repair of the septic systems. In most residential cases,the timeframe is 90 days when
<br /> the property will be occupied and used following transfer. This is a large commercial property, so a
<br /> different timeframe may have been necessary, but the board did not previously have an opportunity to
<br /> deliberate that. Knowing that the majority of the systems on the property are failed, the board needs to
<br /> determine the next steps, beginning with the hiring of an engineer to determine the design flow for the
<br /> property. As previous letters have explained,flow over 10,000 gpd would require DEP involvement. Flow
<br /> less than 10,000 gpd is the responsibility of the Board of Health. Except for the Wampanoag WWTP on
<br /> Meetinghouse Lane, sewers are not an option. Due to the 600 gpd regulation, all the systems must be
<br /> designed with advanced treatment.
<br /> Attorney Jerry Phelps, representing AU Realty, introduced himself for the record as representing Juan
<br /> Marichal,who was also in attendance. Attorney Phelps apologized on behalf of his client for the tardiness
<br /> of the required inspections, and indicated that they were seeking an abatement of the related penalties.
<br /> He stressed that his client wants to work with the Town, and do whatever is necessary. The impact on
<br /> the property has been significantly reduced with the closing of the bar, and the client wants to continue
<br /> to make improvements. On June 241h, Mr. Marichal hired Ready Rooter and put the wheels in motion to
<br /> accomplish the inspections. Attorney Phelps stated that they encountered delays beyond their control
<br /> with scheduling. Ready Rooter was not able to pump due to an issue with their truck. Once pumping was
<br /> complete, they had to wait two weeks to perform the inspections. All systems had to be mapped, and
<br /> the inspector was on vacation.
<br /> Ms. Almquist asked Mr. Harrington if there had been any communication with the Health Department
<br /> during this process, and Mr. Harrington stated that there was none. Ms. Langler stated that the date of
<br /> hire for Ready Rooter was important, as it was indicative of when they began to attempt compliance. She
<br /> requested that Mr. Marichal explain to Ready Rooter that the board is looking for a "proof of hire" date,
<br /> and that he provide evidence of that to the Health Agent. Ms. Langler asked Mr. Harrington if he knew
<br /> the exact daily flow, and he responded that, with the restaurant, it is 11,160 gpd and, without the
<br /> restaurant,it is below 10,000 gpd,which is an important threshold because it eliminates the need for DEP
<br /> involvement. Mr. Harrington stated that, by agreement with the Town, 25,000 gpd of the Mashpee
<br /> Wampanoag WWTP is set aside for Town use. The plant is there and operational, but there are no lines
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