09/19/2019 BOARD OF HEALTH Minutes

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Raul Lizardi-Rivera,of Cape& Island Engineering, introduced himself for the record, and noted the agenda incorrectly listed this as a commercial plan but, in fact, it is residential. The septic plan is for a proposed three bedroom dwelling, and the variance is being requested so that the primary SAS can be installed approximately 53'from wetland and the reserve can be installed 54'from wetland. Mr. Harrington stated that a soil evaluation is necessary, due to the system being installed so far from where the test hole was, and Mr. Rivera confirmed that requirement is on the plan. There being no further comments or discussion, Laurel Almquist moved to approve the septic plan for 161 Old Barnstable Road with the following conditions: 1)testing of the denitrification unit and UV shall be in accordance with the I/A Regulation; 2) a soil evaluation by a health agent and designer is required at the time of installation;3)an 0&M contract for the denitrification and UV shall be submitted prior to issuance of the occupancy permit. Motion seconded by Brian Baumgaertel. VOTE: Unanimous(2-0). OLD BUSINESS 1. Discussion of septic system orders and fines — 100 Great Neck Road North. Mr. Harrington commented that, at the last meeting, the Board required the owner to investigate connecting to the Tribal Housing Wastewater Treatment Plant(WWTP)on Meetinghouse Road. Thirty days was allowed for that. The Board also required that the septic systems at the property be pumped every two weeks, with a contract to be provided for pumping on.that schedule. The date of hire of Ready Rooter was to be determined relative to the issuance of the fines, and the laundromat was to be designated for use by the residents only. To date, no information regarding the connection to the Tribal WWTP has been requested of the Selectmen,and no contract for pumping has been provided. Mr. Harrington did receive an email from Ready Rooter stating that they were hired on June 27, 2019. The work did not commence until July 16, 2019 due to issues with Ready Rooter's equipment. Mr. Harrington summarized for the Board that the order letter of June 24, 2019, which outlined the violations for non-inspection of the on-site septic systems,was received on June 26,2019. He heard from the buyer's attorney on July 9, 2019. The 30 day required timeframe was up on July 26, 2019. The septic inspection reports were completed and provided to the Board of Health on August 30,2019. Two fines were issued for a total of$500 per day. One fine was issued for failure to obtain a variance in accordance with the local Cesspool Regulation and one was for a Title V violation for not inspecting the septic systems. The septic inspections have been reviewed and 11 of the 12 systems are reported in failure. There are six cesspool systems and six Title V systems. Only one Title V system passed. Juan Marichal and his attorney, Jerry Phelps, introduced themselves for the record. Attorney Phelps stated that his client had contacted several engineers, who declined the job. They did not reach out to the tribe because it was determined to be too costly and difficult to connect to the WWTP. Mr. Marichal stated a lock box had been put on the laundromat and all of the machines have been replaced. He further stated that he did contact Ready Rooter to pump systems, but Ready Rooter determined the levels were fine and no pumping was needed. Mr. Harrington asked that the Board of Health get a copy of the contract, since that was requested by the Board at the last meeting. Mr. Marichal asked if the pumping could be extended to every 30 days. Chair Baumgaertel inquired if Ready Rooter had provided any written report of the levels,and Mr. Harrington noted that the comment on the report stated all tanks were at operating level. Mr. 4