09/19/2023 BOARD OF HEALTH Minutes

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4:35 PM Show-Cause Hearing Review of Compliance of Septic Upgrade – 100 Great Neck Road North, Juan Marichal. th Mr. Seabury explained that on August 30 the office received a call of a cesspool overflow at the address. One of the cesspools had flowed into the parking lot. Christine Willander, Assistant Health Agent, and Joseph Callahan, Code Compliance Inspector, immediately visited the site, where they noted large puddles of standing water and a pervasive sewage odor. Prior to the Agent’s arrival a call had been placed for an emergency cesspool pump by the property manager. th The system had been previously required to be upgraded and approved by the BOH on May 19, 2022 under the condition of continued pumping of the cesspools. Mr. Seabury stated that this overflow showed a lack of good faith under the agreement. Mr. Seabury indicated that the purpose of the hearing was to get an update on the upgrade of the septic system. The respondent began by explaining the overflow related to the cesspool servicing the laundromat and office. The respondent also stated that the cesspools are checked every day as required by the agreement with the BOH – being pumped by Ready Rooter if reaching 75% capacity. The overflow was due to toilet paper being stuck in the toilet – running all day and causing the overflow. The respondent offered to show the pumping records to the BOH to show compliance with the BOH agreement. The respondent noted the property has been owned by Mr. Marichal for only 3 ½ years with many needed upgrades and improvements being made to the property. The respondent noted that it had received a groundwater discharge permit from the DEP in 2021 which was appealed by the BOH – the property is very close to Mashpee River and a standalone Title V was inadequate. The respondent noted that it had reached an agreement with DEP and the BOH for an I/A system to address the nitrogen. Financing had been obtained for the engineering costs of the second system. The second system cost about $600,000 more than the initial system costing about $900,000. The respondent noted that Barnstable County will not give a loan for the I/A system due to perceived obsolescence in a few years (the loan term is 25 years). th The respondent also noted that Barnstable County had regulations coming into effect July 7 to upgrade septic systems (claiming the current I/A proposal would be required to be replaced in a few years). Ideally, the respondent wants to connect to a sewer. In the meantime, the respondent suggests putting in two additional leeching facilities. Mr. Seabury noted the Barnstable County financing is for residential properties and asked if other financing was sought. The respondent noted the increase in rates and difficulty obtaining financing. Regarding the potential obsolescence and need to upgrade after paying for the new system, Mr. Seabury noted that was incorrect and went to state it is the “best available technology” at the time – there would be no requirement to replace a best available system due to regulatory changes. The requirement would only be triggered if the system failed. Regarding sewer, Mr. Seabury stated no sewer will be going there. Mr. Seabury then noted he has been in the position as Health Agent for a year and has heard a lot about the property. Mr. Seabury noted he spoke to the owner back in January about the upgrade and had heard nothing since. While it is true a clogged pipe can happen, Mr. Seabury noted under Title V the owner has 2 years to upgrade (including the time th with the pumping) – May 19, 2024. The respondent claimed that the DEP had informed him that there would be sewer in two years resulting in the pause. (“Does the DEP know something that the Town doesn’t know?”) Mr. Seabury reiterated there is no sewer coming to that property. Mr. Seabury noted that if the respondent acted the respondent would have the lower rate and could have been helping the Town with the Mashpee River’s Nitrogen problem. The respondent then returned to the “regulation change” as the cause of the stop – not wanting to waste