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HomeMy WebLinkAbout0137 SHORT BEACH ROAD - Health (5) 137 SHORT BEACH ROAD CENTERVILLE i ,*THETO TOWN OF BARNSTABLE OFFICE OF i HAHII9 a BOARD OF HEALTH y M B.ABO. aj 039•M ���� 367 MAIN STREET R HYANNIS, MASS. 02601 October 30, 1989 Thomas McClelland Down Cape Engineering Company, Inc. Route 6A Yarmouthport, MA 02675 Dear Mr. McClelland: Your request for multiple variances from Title 5 of the State Environmental Code, to Install an onsite sewage disposal system, on behalf of your client, Brian Ladner, at 1137 Short Beach Road, Centerville is not granted. The proposed bottom of the leaching fields were designed to be constructed.where the maximum observed groundwater elevation would be only 2.7 feet below the bottom of the leaching facility. However, the minimum separation distance required under Regulation 15.153 (3) The State Environmental Code Title 5• Minimum Requirements for the Subsurface Disposal of Sanitary Sewage is four (4) feet. You are reminded that the variances may be granted only when in the opinion of the Board, (1) the enforcement thereof would do manifest injustice, and (2) the applicant has proven that the same degree of environmental protection (required under this Title) can be achieved without strict application of the particular provision. You did not show manifest injustice, and you did not prove that the same degree of environmental protection can be achieved with your design. The Board is of the opinion that granting the variance you requested would violate the intent of the minimum requirements. Sin erely yours, rover C. M. Farrish, Chairman Ann Jae Eshbaugh J g es H. Crocker,RD OF HEALTH N OF.BARNSTABLE GF/bs copy: Attorney Brian Garner BOARD OF HEALTH Minutes of Meeting OCTOBER 24, 1989 The Board of Health met on Tuesday, October 24, 1989, at 7:00 P.M., in the Selectmen's Conference Room, Town Hall. In attendance: Dr. Grover C. M. Farrish, M.D., Chairman, Ann Jane Eshbaugh, James H. Crocker, members. Thomas McKean,Director and Barbara Sullivan, Office Assistant. The meeting was called to order at 7:08 P.M. by Grover C. M. Farrish, M.D., Chairman. Attorney Brian Garner was present representing Joseph Sullivan, to request variances from Regulation 310 CMR 15.000 of the State Environmental Code, Title V in order to upgrade the onsite sewage disposal system at 130 Short Beach Road, Centerville. Thomas McClelland, the designing engineer, stated the existing system is 1.47 feet above groundwater and that it is not a failed system. Mr. McClelland further stated the applicant responded to the Board of Health to upgrade the system. Mr. McClelland further stated "to upgrade would cause a hardship on the applicant." He stated the feasibility of sewering is unlikely within the next 20 years. After a lengthy discussion a motion was made by James Crocker, duly seconded by Jane Eshbaugh, the Board unanimously voted to deny this request for multiple variances from Title 5 of the State Environmental Code, to install an onsite sewage disposal system, on behalf of Joseph Sullivan, at 130 Short Beach Road, 'Centerville. The proposed bottom of the leaching fields were designed to be constructed where the maximum observed groundwater elevation would be only 2.6 feet below the bottom of the leaching facility. However, the minimum separation distance required under Regulation 15.15 (3) The State Environmental Code Title 5: Minimum Requirements for the Subsurface Disposal of Sanitary Sewage is four (4) feet. Variances may be granted only when in the opinion of the Board, (1) the enforcement thereof would_do manifest injustice, and (2) the applicant has proven that the same degree of environmental protection (required under this Title) can be achieved without strict application of the particular provision. The applicant did not show manifest injustice, and he did not prove that the same degree of environmental protection can be achieved with the design. The Board is of the opinion that granting the variance he requested would violate the intent of the minimum requirements. Thomas McClelland, the designing engineer for Down Cape Engineering Company, was present representing Brian Ladner, to request a variances from Regulation 310 CMR 15.000 - The State Environmental Code, Title V .in order to upgrade the septic system at 137 Short Beach Road, Centerville. After some discussion, a motion was made by Jane Eshbaugh, duly seconded by James Crocker, the Board unanimously voted to deny the applicant's request. The proposed bottom of the leaching fields were designed to be constructed where the maximum observed groundwater elevation would be only 2.6 feet below the . bottom of the leaching facility. However, the minimum separation distance required under Regulation 15.15 (3) The State Environmental Code Title 5: Minimum Requirements for the Subsurface Disposal of Sanitary Sewage is four 4) feet. The variances may be granted only when in the opinion of the Board, (1) the enforcement thereof would do manifest injustice, and (2) the applicant has proven that the same degree of environmental protection (required under this Title) can be achieved without strict application of the particular provision. The applicant did not show manifest injustice, and he did not prove that the same degree of environmental protection can be achieved with the design. The Board is of the opinion that granting the variance he requested would violate the intent of the minimum requirements. i P d42 998 244 " XP X .p' _ " W C0 coIL �• I RECEIPT FOR CERTIFIED MAIL �~ `' '"` m'"� m NO INSURANCE COVERAGE PROVIDED e "'�C In by' IDc a3 O NOT FOR INTERNATIONAL MAIL `'� m t ;p ,rn ,.l ' D o Cr� m r a .bd W e (See Reverse) ar n o f ': :' s =r 3 «� < `o t= ^; w� 0 CD 3 0.�s °D 7d m p b rian & Ronald Ladner \ °` o o a ,�_} m IT Street and No. p. �� , �r �� N �; A�.p m 3 a ,-� a a m x� P.O.,State and ZIP Code r olden, „ j tr frg o. x m Z a MA 01520 ,. 1 , , ,N � ,L. s� c7 Postage $ _ rs <� rp� *,c m" �, CD �Q Vj :a e"."s.�R. ,'" 'k9s. ta "£'k<- «+'f�R'n$ l 'FF yp O ?� a,..�* a r +_ CL -• a m? , * Certified Fee ,4a' . " m a FL m Special Delivery Fees �s� ,� T� + ` t�* >>m _ y Restricted Delivery Fee x,'. CL m m � :3 Return Receipt Showing „t to whom and Date Delivered , :� m D CD Q ., go Return receipt showing to whom, o '► x m m n'� M Date,and Address of Delivery ' p' z, .� ' a o m a r T �a+a y 4 a TOTAL Postage and Fees $ 3G x� p �rz190 o °e �t U. 1.67 /'3 o°� m N N. 3 �p ohm ; c Postmark or Date s� r¢ a mmZ �O$ c � �e a M m { �' oo ` mm� o s FM . t-.. " 1 o�YxtTo` TOWN OF BARNSTABLE Qy � OFFICE OF nae»ran I BOARD OF HEALTH 367 MAIN STREET V HYANNIS,MASS,02601 Brian. & Ronald Ladner October 8,1987 5E Brunne Road Holden, MA. 01520 I Re: Your property in the Centerville River Area. Assessors Map 206 and Lot No. 047 Dear Sirs: \ The Board of Health recently conducted a sanitary survey of the properties near the Centerville River. The Health Department personnel conducting the survey were of the opinion that your present onsite sewage system near the Centerville River is inadequate and is in all probability contributing to the pollution of the River. W6 are requesting your cooperation in upgrading your onsite sewage system. Please have a professional engineer submit plans for this upgrading within 30 days of receipt of this notice. We would appreciate voluntary compliance, if possible. We will, however, take official action if voluntary compliance and cooperation is not received. Please advise us of your intentions, in writing, in this matter so vital to the environment you live in. Please contact the Coastal Health Resource Coordinator, Dale L. Sand. telephone 775-1120 ext. 182, if you have any questions. Very truly yours, j?�.11 • >>n M. Relly irector of lic Health JMK/ds Y/ i AREA CODE: 617 ESTABLISHED 1847 TELEPHONE 791.811 i INCORPORATED 1935 BRIERLY LOMBARD & COMPANY, INC. DISTRIBUTORS OF INDUSTRIAL SUPPLIES AND EQUIPMENT POWER TRANSMISSION SPECIALISTS 1017 Southbridge Street Worcester, Mass. 01610 October 15, 1987 Town Of Barnstable Office Of The Board Of Health 367 Main St. Hyannis, MA 02601 ATTN: Mr. John M. Kelly Director Of Public Health RE: Our Property in the Centerville River Area. Assessors Map. 206 and Lot No. 047 Dear Mr. Kelly, In reference to your letter dated October 8, 19871 We are now in the process of locating an engineer to evaluate our sewage system. As soon as we determine what has to be done we will be glad to have the plans submitted to your office. We appreciate your concern and will cooperate with the board in any possible way. Ve5y Aadner R. Brian �� i Ta.Neit?t5�tdt5i,3 � � The FIRST Mill Supply House in the United States i .SENDER:Complete items 1 and 2 when additional services are desired,and complete items 3 and 4. Put your address in the"RETURN TO"space on the reverse side.Failure to do this will prevent this card from being returned to you.The return receipt fee will provide you the name of the person delivered to and the date of deliverv.For additional fees the following services are available.Consult posnaster for tees and Check ox es1 for additional service(s)requested. 1. ®Show to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery. 3.Article Addrrrssed-to: 4.Article Number P 042 998 244 Brian & Ronald Ladner Type of Service: 56 Brunne Road Registered ® Insured rtifled COD M Holden, A 01520 LLLLLL111III Express Mail Always obtain signature of addressee or agent and DATE DELIVERED. 5.Signa�ure—Add re 8.Addressee's Address(ONLY if X r�/ �� requested and fee paid) 6.Signature—Agent X 4 4 PS Form 3811,Feb.1986 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name,address,and ZIP Code in the space below. •Complete items 1,2,3,and 4 on the reverse. U � •Attach to front of article if space permits,otherwise affix to back of article. PRIVATE P TY FOR a Endorse article"Return Receipt PENAL USE, Requested"adjacent to number. ETURN Print.Sender's name,address,and ZIP Code in the space below. TO Town of Barnstable Board of Health 367 Main St-- Hyannis, MA 02601 P `'042 998 -244 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (use Reverse) S rian & Ronald Ladner m v Street and No. P.O.,State and ZIP Code d olden, MA 01520 6 Postage $ fA * Certified Fee Special Delivery Fee �I Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered a" Return receipt showing to whom, a Date,and Address of Delivery o TOTAL Postage and Fees $ a 1.67 cPostmark or Date do co E 0 LL Scr 7 fy�� i N a Y STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST-CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front) 1. It you want this receipQt postmarked,stick the gummed stub on the left portion of the address side of the article leaving the receipt attacfied and present the article at a post office service window or hand it to your rural carrier. (no extra charge) r >, 2. If you do not want khis receipt postmarked,stick the gummed stub on the left portion of the address side of the article,date,detach Ad retain the receipt,and mail the article. 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card, Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to back of article. Endorse front of article. RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If return receipt is re- quested,check the applicable blocks in item 1 of Form 3811. 6 6.Save this receipt and present it if you make inquiry. I . y�FINC?0� TOWN OF BARNSTABLE OFFICE OF ?��p aeaasTm BOARD OF HEALTH 1639 639. ` 367 MAIN STREET HYANNIS, MASS. 02601 Brian. & Ronald Ladner October 8 , 1987 56 Brunne Road Holden, MA. 01520 Re : Your property in the Centerville River Area. Assessors Map 206 and Lot No. 047 Dear Sirs : The Board of Health recently conducted a sanitary survey of the properties near the Centerville River. The Health Department personnel conducting the survey were of the opinion that your present onsite sewage system near the Centerville River is inadequate and is in all probability contributing to the pollution of the River. We are requesting your cooperation in upgrading your onsite sewage system. Please have a professional engineer submit plans for this upgrading within 30 days of receipt of this notice . We would appreciate voluntary compliance, if possible. We will , however, take official action if voluntary compliance and cooperation is not received. Please advi8e us of your intentions , in writing, in this matter so vital to the environment you live in. Please contact the Coastal Health Resource Coordinator, Dale L. Saad. telephone 775-1120 ext . 182 , if you have any questions . Very truly yours , ?inM . Kelly irector of rlic Health JMK/ds 362-4541 926 main street rt 6A yarmouthport mass. 02675 down cape engineering civil engineers& land surveyors structural design Arne H.Ojala P.E.,R.L.S. land court Richard R.Fairbank P.E. surveys November 10 ,1987 site planning sewage system Barnstable Board of Health designs Barnstable Town Hall Main Street 'inspections Hyannis,uy MA 02601 permits Dear Members of the Board; Down Cape Engineering has been retained by —I `zk�n L namer for a septic upgrade to a Title V system at their property on Short Beach/Craigville Beach Road. We will expidite this job in a conscientious manner. Sincerely, Down Cape Engineering, /tld IL - J 362.4541 926 main street rt 6A yarmouthport mass. 02675 down cape e1Igh7Lveri7,g civil engineers&land surveyors structural design Arne H.Ojala P.E.,R.L.S. land court Richard R.Fairbank P.E. surveys site planning November 10 ,1987 sewage system Barnstable Board of Health designs Barnstable Town Hall Main Street inspections Hyannis, MA 02601 permits Dear Members of the Board; La ra Down Cape Engineering has been retained by ����►'� YK�-� for a septic upgrade to a Title V system at their property on Short Beach/Craigville Beach Road. We will expidite this job in a conscientious manner. Sincerely, C nnpp Down Cape Engineering, 'I /tld y t c t 4 1 �PyOFTHEro�o TOWN OF BARNSTABLE OFFICE OF 13AEB9T a BOARD OF HEALTH MasG.e. 9�G 16g9. �� 367 MAIN STREET a MAt HYANNIS, MASS. 02601 October 30, 1989 Thomas McClelland Down Cape Engineering Company, Inc. Route 6A Yarmouthport, MA 02675 Dear Mr. McClelland: Your request for multiple variances from Title 5 of the State Environmental Code, to install an onsite sewage disposal system, on behalf of your client, Brian Ladner, at 137 Short Beach Road, Centerville is not granted. The proposed bottom of the leaching fields were designed to be constructed where the maximum observed groundwater elevation would be only 2.7 feet below the bottom of the leaching facility. However, the minimum separation distance required under Regulation 15,153 (3) The State Environmental Code Title 5: Minimum Requirements for the Subsurface-Disposal-of-Sanitary- Sewage is four (4) feet. You are reminded that the variances may be granted only when in the opinion of the Board, (1) the enforcement thereof would do manifest injustice, and (2) the applicant has proven that the same degree of environmental protection (required under this Title) can be achieved without strict application of the particular provision. You did not show manifest injustice, and you did not prove that the same degree of environmental protection can be achieved with your design. The Board is of the opinion that granting the variance you requested would violate the intent of the minimum requirements. Sin erely yours, rover C. M. Farrish, Chairman Ann Jae Eshbaugh J� 'V'44 W-7 mes H. Crocker, OARD OF HEALTH TOWN OF BARNSTABLE GF/bs copy: Attorney Brian Garner �Q�oFTHE ro�♦ TOWN OF BARNSTABLE 0 re .. OFFICE OF BOARD OF HEALTH ao 039. `�Q+°j 367 MAIN STREET �0 MAR HYANNIS, MASS.02601 December 8, 1989 To: Mr. Robert Smith Town Attorney Ms. Ruth Weil Assistant Town Attorney From: Thomas McKean, Director of Public Health Re: Complaint/:--Ladner - verses Board of Health I am in receipt of a copy of the summons regarding Sullivan verses the Board of Health with statements. I offer the following comments to the following numerical statements: #9. Not true - A true sand "filter" system is not proposed. Only a 2.7 feet sand layer is proposed between the leaching facility and the adjusted groundwater table. Intermittent sand filters are beds of medium to coarse sands, usually 24 to 36 inches deep and underlain with gravel containing underdrains. Primary and secondary effluent is intermittently applied to the surface and purification of the effluent occurs as it infiltrates and percolate through the sand bed. Underdrains collect the filtrate and convey it to additional treatment processes. (see attachment #1 ) #10. Not True - The "brief" submitted, exhibit A, did not contain evidence that the Board had granted seven (7) abutters greater variance relief than that requested by Ladner within the past year. Exhibit A - Not True due to the following: Hill, 56 Short Beach Road, Centerville. Health Department sent a letter requesting voluntary compliance on September 15, 1987. Plans were received from Downcape Engineering dated 4/25/88, revised 7/5/88. Variance letter from Board dated 7/12/88, not October 14, 1988. u �P�oFt►+e ro�o TOWN OF BARNSTABLE 6 . OFFICE OF Bea"&M BOARD OF HEALTH y A00. p� o 39 k��� 367 MAIN STREET MAR HYANNIS, MASS.02601 December 8, 1989 To: Mr. Robert Smith Town Attorney Ms. Ruth Weil Assistant Town Attorney From: Thomas McKean, Director of, Public Health Re: Complaint/:-Ladner -. verses Board of Health I am in receipt of a copy of the summons regarding Sullivan verses the Board of Health with statements. I offer the following comments to the following numerical statements: #9. Not true - A true sand "filter" system is not proposed. Only a 2.7 feet sand layer is proposed between the leaching facility and the adjusted groundwater table. Intermittent sand filters are beds of medium to coarse sands, usually 24 to 36 inches deep and underlain with gravel containing underdrains. Primary and secondary effluent is intermittently applied to the surface and purification of the effluent occurs as it infiltrates and percolate through the sand bed. Underdrains collect the filtrate and convey it to additional treatment processes. (see attachment #1 ) #10. Not True - The "brief" submitted, exhibit A, did not contain evidence that the Board had granted seven (7) abutters greater variance relief than that requested by Ladner within the past year. Exhibit A - Not True due to the following: Hill, 56 Short Beach Road, Centerville. Health Department sent a letter requesting voluntary compliance on September 15, 1987. Plans were received from Downcape Engineering dated 4/25/88, revised 7/5/88. Variance letter from Board dated 7/12/88, not October 14, 1988. f �P�OFTHE T TOWN OF BARNSTABLE c, OFFICE OF = H� BOARD OF HEALTH � E.MMe- � 039_ `gym 367 MAIN STREET RFD MPY k' HYANNIS, MASS.02601 December 8, 1989 To: Mr. Robert Smith Town Attorney Ms. Ruth Weil Assistant Town Attorney From: Thomas McKean, Director of. Public Health Re: Complaint/:-Ladner -. verses Board of Health I am in receipt of a copy of the summons regarding Sullivan verses the Board of Health with statements. I offer the following comments to the following numerical statements: #9. Not true - A true sand "filter" system is not proposed. Only a 2.7 feet sand layer is proposed between the leaching facility and the adjusted groundwater table. Intermittent sand filters are beds of medium to coarse sands, usually 24 to 36 inches deep and underlain with gravel containing underdrains. Primary and secondary effluent is intermittently applied to the surface and purification of the effluent occurs as it infiltrates and percolate through the sand bed. Underdrains collect the filtrate and convey it to additional treatment processes. (see attachment #1 ) #10. Not True - The "brief" submitted, exhibit A, did not contain evidence that the Board had granted seven ( 7) abutters greater variance relief than that requested by Ladner within the past year. Exhibit A - Not True due to the following: Hill, 56 Short Beach Road, Centerville. Health Department sent a letter requesting voluntary compliance on September 15, 1987. Plans were received from Downcape Engineering dated 4/25/88, revised 7/5/88. Variance letter from Board dated 7/12/88, not October 14, 1988. I . j THE TO�o TOWN OF BARNSTABLE 6 . OFFICE OF STAZL BsaAO&MM0. i BOARD OF HEALTH s639 � �p . 0a' n 39 k 367 MAIN STREET HYANNIS, MASS.02601 December 8, 1989 .... To: Mr. Robert Smith Town Attorney Ms. Ruth Weil Assistant Town Attorney From: Thomas McKean, Director of, Public Health Re: Complaint/:-Ladner verses Board of Health I am in receipt of a copy of the summons regarding Sullivan verses the Board of Health with statements. I offer the following comments to the following numerical statements: #9. Not true - A true sand "filter" system is not proposed. Only a 2.7 feet sand layer is proposed between the leaching facility and the adjusted groundwater table. Intermittent sand filters are beds of medium to coarse sands, usually 24 to 36 inches deep and underlain with gravel containing underdrains. Primary and secondary effluent is intermittently applied to the surface and purification of the effluent occurs as it infiltrates and percolate through the sand bed. Underdrains collect the filtrate and convey it to additional treatment processes. (see attachment #1 ) #10. Not True - The "brief" submitted, exhibit A. did not contain evidence that the Board had granted seven (7) abutters greater variance relief than that requested by Ladner within the past year. Exhibit A - Not True due to the following: Hill, 56 Short Beach Road, Centerville. Health Department sent a letter requesting voluntary compliance on September 15, 1987. Plans were received from Downcape Engineering dated 4/25/88, revised 7/5/88. Variance letter from Board dated 7/12/88, not October 14, 1988. �Q�OFTHE T TOWN OF BARNSTABLE ro OFFICE OF HAHa9TOHL i BOARD OF HEALTH � MAR0. A o� c 139. 367 MAIN STREET HYANNIS MASS.0260 1 December 8, 1989 To: Mr. Robert Smith Town Attorney Ms. Ruth Weil Assistant Town Attorney From: Thomas McKean, Director of Public Health Re: Complaint/:"Ladner verses Board of Health I am in receipt of a copy of the summons regarding Sullivan verses the Board of Health with statements. I offer the following comments to the following numerical statements: #9. Not true - A true sand "filter" system is not proposed. Only a 2.7 feet sand layer is proposed between the . leaching facility and the adjusted groundwater table. Intermittent sand filters are beds of medium to coarse sands, usually 24 to 36 inches deep and underlain with gravel containing underdrains. Primary and secondary effluent is intermittently applied to the surface and purification of the effluent occurs as it infiltrates and percolate through the sand bed. Underdrains collect the filtrate and convey it to additional treatment processes. (see attachment #1 ) #10. Not True - The "brief" submitted, exhibit A, did not contain evidence that the Board had granted seven (7) abutters greater variance relief than that requested by Ladner within the past year. Exhibit A - Not True due to the following: Hill, 56 Short Beach Road, Centerville. Health Department sent a letter requesting voluntary compliance on September 15, 1987. Plans were received from Downcape Engineering dated 4/25/88, revised 7/5/88. Variance letter from Board dated 7/12/88, not October 14, 1988. (TO PLAINTIFF'S ATTORNEY: PLEASE CIRCLE TYPE OF ACTION INVOLVED: CONTRACT TORT MOTOR VEHICLE TORT EQUITABLE RELIEF C�OTHER) .t (�a�tttucunzupttl#1l of ��.�,�arllnor##o BARNSTABLE, ss. SUPERIOR COURT 121J '1Z� '. No. 89-1492 OFFICE OF TOWN ATTORNEY TOWN OF BARNSTABLE .A UECOPYATTEST 367 MAIN STREET• NEW TOWN HALL HYANNIS, MASS 02601-3907 BRIAN LADN}�`R DEPUTY HERPFF t'S-- GROVER C. M. FARRISH, M.D. , Chairman, et al as they are members of the BOARD OF HEALTH of the TOWN OF BARNSTABLE SUNIMONS To the above-named defendant Board of Health, Town Hall, Hyannis, MA You are hereby summoned and required to serve upon .......................................................................... Brian F. Garner . ............ ...................... plaintiff's attorney, whose address is TERRY, DUNNING & TERRY, P. 0. Box 560, Mashpee, MA 02649 .......... ...... ... ... .......... .... .......................................... ............................................................. an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk of this court at Barnstable either before service upon plaintiff's attorney or within a reasonable time thereafter. Unless otherwise provided by Rule 13(a), your answer must state as a counterclaim any claim which you may have against the plaintiff which arises out of the transaction or occurrence that is the i siibject matter of the plaintiff's claim or you will thereafter be barred from making such claim in any other action. twenty—ninth Witness ROBERT L STEADMAN, Esquire, at Barnstable, the .............................................................. November day of ....--• . .••.•••••... .... •.•...•••..................... , in the year of our Lord one thousand nine hundred and ei. .....�.....ht Y...... .—nine................ t 1 Clerk NOTE: When more than one defendant is involved, the names of all defendants shall appear in the ' caption. if a separate summons is issued for each defendant, each should be addressed to the particular defendant. i. %'1 1l 171),1��'• iC t IS1:'i`! th^ t Ol l,il;:i1']t hlit if vtill clailn tU \C11; A Of ;1';)liI' Co-111tC::1 tli? t�Cr t1`iiilifl it] 0 .f1- i!lt' til{ U. I ?i t1;o " �f I.li' f _ ,, s office. f r 4. Commonwealth of Massachusetts Barnstable, ss . Superior Court No. BRIAN LADNER, ) f ) Plaintiff, ) v. ) COMPLAINT (APPEAL OF THE DECISION OF THE BOARD OF HEALTH PURSUANT GROVER C. M. FARRISH, M.D. , ) TO M.G.L. c. 30A 9 14 ) Chairman, ANN JANE ESHBAUGH ) and JAMES H. CROCKER, SR. , ) as they are members of ) the BOARD OF HEALTH of ) the TOWN OF BARNSTABLE, ) Defendant. ) STATEMENT OF CASE This is an appeal of the decision of the Board of Health for the Town of Barnstable (hereinafter called. the "Board" ) denying a request for variance submitted pursuant to provisions of 310 CMR 15.20 to allow the distance from the bottom of a leaching facility to the maximum. groundwater elevation to be reduced to, . 2 . 7 feet in lieu of the required 4 . 0 feet by the Plaintiff,. Brian Ladner (hereinafter called "Ladner" ) . PARTIES 1. The Plaintiff is Brian Ladner of 56 Brunell Drive, Holden, MA. 2 . The Defendants are Grover C. M. Farrish, M.D. , 65 Camp Street, ' Hyannis, MA, Ann Jane Eshbaugh, P. 0. Box 514, Off Curry 1 Lane, Osterville, MA and James H. Crocker, Sr. , 10 David Street, Osterville, MA, as they constitute the members of the Board of Health for the Town of Barnstable. 3 . The Town of Barnstable Board of Health has its principal place of business at 367 Main Street, Hyannis, Barnstable County, MA. FACTS 4 . Ladner is the owner of residential property located at 130 Short Beach Road, (Centerville) , Barnstable, MA, as further described by a copy of Barnstable Assessor's Map 206 Lot 047 attached hereto and incorporated herein by reference as Exhibit "A . 5. On or about September 15, 1987, the Board, through its director of public health, a certified letter to Ladner indicating, that the sewage system on his premises was "inadequate and is in all probability contributing to the pollution of the river" , a copy of that letter attached hereto and incorporated herein by reference as Exhibit "B" . 6 . Said letter further indicated that voluntary compliance was requested. 7 . Said letter further indicated that official action had not been taken but would be taken if cooperation by Ladner was. not received by the Board. 8 . On or about August 30, 1989, the civil engineering firm . of . Down Cape Engineering submitted an engineering plan for a new septic system and a request for variance to the Board, a copy of 2 said letter attached hereto and incorporated herein by reference as Exhibit "C 9 . The variance request by Ladner was to. allow a 2 foot 7 inch sand filter between the leaching facility and the adjusted groundwater table. 10 . Ladner submitted a brief to the Board explaining why. the variance should be granted; said brief contained evidence that the Board had granted seven (7) abutter's greater variance relief than that requested by Ladner _within the past year. A copy of said brief is attached hereto .and incorpo rated herein by reference as Exhibit "D" 11. The memorandum submitted by Ladner provided substantial evidence that the enforcement of the code . of Massachusetts septic systems installations , if Regulations relating to enforced, would do manifest injustice, and that the plans . submitted by Ladner would provide the same degree of environmental protection that would be provided without strict application of 310 CMR 15. 153(3) . 12 . After hearing the matter on October 3 and October 24, 1989 , the Board issued a written decision on October 30, 1989, denying the. variance request of Ladner, a copy of said letter.. attached hereto and incorporated herein by reference as Exhibit Efl . CAUSE QF ACTION 13 . Ladner contends that the October 30, 1989, ' decision of the Board denying his request for a variance has prejudiced the substantial rights of Ladner because the Board's decision is in j 3 error based upon each and every one of the following reasons: a) In excess of the statutory authority or jurisdiction of the Board; b) Made upon unlawful procedure; c) Unsupported by substantial evidence; d) Arbitrary, capricious and unreasonable. W$EREFORE, the Plaintiff requests : 1. That this Honorable Court modify the decision of the Board to .grant the variance request sought by Plaintiff. 2 . That this Honorable Court order the entry of Judgment that the decision of the Board is in excess of its authority and jurisdiction , made upon unlawful procedure, unsupported by substantial evidence, is arbitrary or capricious and that said decision is , therefore, set aside. . That this Honorable Court order the rant of the 3 9 variance relief as requested. 4 . That this Honorable Court order such other and further relief as it deems appropriate and just. 5. That this Honorable Court award the Plaintiff his costs and expenses including reasonable attorney' s fees in prosecuting this action. Respectfully submitted, Plaintiff, Brian F. Garner TERRY, DUNNING & TERRY P. 0. Box 560 Mashpee, MA 02649 (508) 477-6500 BBO # 547550 DATED: November 29, 1989 i i 4 so .3OAr- y2: t •� `�p4 gyp` Y ALIV 1 v ` sik 310 Z{ es ,r t SATAC at ® 83-1 2.91 AC •�. x • I11AC CTJAL I ( t aT L20 AC 9 k 130-S }( A. ey s►C ' A � � __ � i; t� • (,►6 ♦ )e Tim I}ql �o 1 0 +• s 4T � ati ry�Y Q 1 i A� �!►L at tis iri s �A�•' its RO'a y' ✓ .iau moons :; .� • 1 SEAC14 t• A o 9 p 111 lei' °•t• s. 20 a .31` © .L1aa .JZaa A © j lei'• lao . 20 � _ ie.�. as.r Totoo ple, �saa I L"` © 94 I Ills ns 2.430 for t W m 61 it tl Exhibit B o sAR TOWN OF BARNSTABLE -f 0'P o y�it ' OFFICE OF DAHIlT&DL6 . BOARD OF HEALTH $6 g'O 79 0 367 MAIN STREET t � MAY M' HYANNIS, MASS. 02601 = " Brian. & Ronald -Ladner October 8 , 1987 56 Brunne Road Holden, MA. 01520 Re: Your property in the Centerville River Area. Assessors Map 206 and Lot No. 047 Dear Sirs : The Board of Health recently conducted a sanitary survey of the properties near the Centerville River. The Health Department personnel conducting the survey were of the opinion that your present onsite sewage system near the Centerville River is inadequate and is in all �. probability contributing to the pollution of the River. 7"1 , We are requesting your cooperation in upgrading your onsite l 'klr11t sewage system. Please have a professional engineer submit LU plans for this upgrading within 30 days of receipt of this 3 . . , notice. We would appreciate voluntary compliance, if possible. We will , however, take official action if LU, " gin,}. voluntary compliance and cooperation is not received. Please advil;e us of your intentions , in writing, in this matter so vital to the environment you live in. m y A Please contact the Coastal Health Resource Coordinator, N ' Dale L. Saad. telephone . 775-1120 ext. 182, if you have any questions . qq }7 t Very truly yours, . Pq r w!. H;t:w .°.,, _ in . Kel101ic v.ad irector of Health s N� r1 s H Pi,r JMK/ds ►' Yl •�•°''•i"jai ; >r Exhibit "C" 362.4541 939 main sireel rt 6a yarmQvlh pert mass°zs'S down cape ealineering civil engineer land surveyors structural design August 3 0, , 1989 Arne H.0jola P.E.,R,L.S. land court Rlchsrd R.Folrbank P.E. surv@ys Thomas McKean Barnstable Health Agent Barnstable Board of Health site plenning South Street Hyannis, MA 02601 _sewage systcm REi Joseph Sullivan, 130 Short Beach Road, Centerville designs Brian Ladner, 137 .Short Beach Road, Centerville Dear Tomt Inspections Enclosed please find two copies of the revised septic upgrade plans prepared for the above referenced permits properties . The revised plane propose a 217" sand filter between the leaching facility and the adjusted groudwater table. According to an article published in the j March/April 1989 Journal of Health, written by Thomas C. ; Peterson and Robert C. Ward entitled "Bacterial Retention in Soils, New Perspectives, New Recommendations" this 217" sand Filter will retain approximately 84% of the initial bacterial concentrations found at the soil/leach field ' interface. In order to obtain a larger sand filter, I believe some sort of a retaining wall will be required to prevent breakout. I feel these proposed systems are such a substantial improvement over the existing systems that these variances should be considered. If you have any questions, please call me at 362-4541 , Sincerely, Thomas McLellan Down Cape Engineering, Inc. i t TJM/amp/2TJMLIOI Encl . cc: Joseph Sullivan Brian Ladner , Brian Garner I Exhibit "D" f Brief Barnstable Board of Health Request for Variance on Vertical Separation "Groundwater to Bottom of Leaching Facility " FACTS . The Applicant is the owner of a dwelling located at 137 Short Beach Road, Centerville, MA, shown on Assessors Map 206 Parcel 047 . Applicant had earlier received a notice to abate violation ( 310 CMR 15 . 00) for a failed septic system. The Applicant has applied for a disposal works construction permit and the Board has determined that a variance from the Barnstable Board pf Health regulations would be necessary. The variance relief requested is from Regulation 15 . 13 ( 2 ) to allow the distance from bottom of the leaching facility to the maximum groundwater elevation to be reduced to 2 . 7 feet in lieu of the required 4 . 00 feet. The applicant has submitted other variance requests with respect to sideyard setbacks and similar situations that are the subject of a variance application previously submitted. However, those variance requests stem from the previously existing septic system and are not material to the relief requested herein. RELIEF SOUGHT. Pursuant to 3 . 10 CMR 15 . 20, Applicant seeks a variance from Regulation 15 .13 ( 2 ) to reduce from 4 feet to 2 .7 feet the distance between the bottom of the leaching facility to be repaired and the maximum groundwater elevation. ARGUMENT. Regulation 15 . 20 of the Code of Massachusetts Regulations specifically grants authority to the local Board of Health to grant a variance of any provisions of that title with respect to any particular case when the enforcement thereof would (i) do manifest injustice and ( ii) when the same degree of environmental protection can be achieved without strict application of the particular .provision. The Board of Health mailed to the Applicant a notice to abate violation for a failed septic system in 1988 . The Applicant has applied to the Board of Health for all necessary permitting to allow for the upgrade and repair of the, existing failed system. The topography and conditions specifically affecting Applicant's lot will require a reduction in the 4 foot distance required between the bottom of the leaching facility and the maximum groundwater elevation. The Applicant has, through its engineer, spent considerable time and expense to engineer a system that far exceeds the 2 foot minimum which is allowable under the regulations of the Department of Environmental Protection. The Applicant seeks a 1 . 3 foot variance rather than the maximum allowable variance of 2 feet. f 1 i I The Board of Health has within the past year granted much more extensive 2 foot variances to a number of other owners of dwellings in the immediate surrounding area (see attached Exhibit "A" ) . The variance requested by Applicant represents only 66% of the variance granted to similarly situated owners by the Board of Health in the past. To comply with the groundwater distance regulation as it currently exists would work a substantial hardship on the Applicant without a concomitant health benefit. Substantially more excavation and construction must take place to comply, including the construction of a 2 foot high concrete retaining wall around the entire septic system. The likelihood of potential damage to the lot or the dwelling and the potential increased maintenance costs are substantial. The Applicant respectfully submits to the Board that granting of a variance to Applicant will still provide the same degree of environmental protection. According to the attached article provided by the Board of Health, the 2 foot variances granted earlier by the Board provide approximately 65% of the bacterial protection that would be afforded by the existing regulations . However, the Applicant's proposed 2 . 6 sand filter will provide approximately 84% of the protection found in a 4 foot sand filter, an increase in effectiveness of 30% of the previously granted variances . The variance, if granted by the Board of Health, would also provide approximately 86% of the effectiveness provided in the required 4 foot sand filter. The Board should note that this proposal is a thousand fold more efficient and protective of the environment than the existing system which has been deemed failed by the Board of Health. The cost of complying with the existing regulation would entail many thousands of dollars and an extreme burden on the quiet use and enjoyment of the property to which Applicant has come to expect. The proposed variance request will provide almost 86% of the protection afforded by the existing regulation while working to remove a substantial hardship from the Applicant. WHEREFORE, the Applicant respectfully requests the Board to grant its request for a variance from regulation 15 . 13 (2 ) . Respectfully submitted, Brian R. Ladner, Applicant By his attorney, Brian F. Garner Dated: October 3, 1989 2 f i EXHIBIT "A" 1. Ruth Hill, 56 Short Beach Road, approved 2 foot variance, October 14 , 1988 . 2 . William Maher, 65 Short Beach Road, approved 2 foot variance, October 14, 1988 . 3 . Frank Wachter, 64 Short Beach Road, approved 2 foot variance, October 14, 1988 . 4 . William McGrath, 59 Short Beach Road, approved 2 foot variance,. October 14 , 1988 . 5 . Gerald Healy, 16 Short Beach Road, approved 2 foot vriance, December 22, 1988 . 6 . Tellier, 55 Short Beach Road, approved 2 . 4 foot variance, October 14 , 198.8 7 . Tellier, 118 Short Beach Road approved 3 . 1 foot variance, October 14, 1988 . 8 . Hines, 127 Short Beach Road, approved 3 . 1 foot variance, October 14, 1988 . } . , Bacterial retention ill soils • New perspectives, new r•e.cuni»ienlotions Thomas C. Yetei-son :: Robert. C. Ward - water distribution syslenns to be limited : ' by bulb the nu,rivid control within the I &iiibl'laC6 ansleicnler and the competition for those nutrients b% other orgnnisms. Monilorinp, groundwater for (he presence of fecal coliforni bacteria mill rrrrnnin (he Crane and Moore (3) suggest that the primary method for determining polenlial ground►rn(er conlantinalinri kv palhtrgrnic ninjor reason for bnclerinl die-off in a orgnnisms present ire domestic a nstctratrr discharged from on•si(e a nslru a(rr frcal►nrnr foreign eriviromnrnl is the inability of the syste►ns. 1liblic health officials assume Otn(mirrobinl rnnlnmi►in(io►r of u•n(rr•by ore-si(r• 1wifitlnc•rrl of rnoiams to lower their nnela. urasteivalersy:s(entsis lot cunu►norrif4 fl(120cnr)ofsuilablesnilexis(sbr(irrrn(hrbaserrfn ti"lic rrquirentrols in n silunlinn of lower • •leachfield and(Ire high watertable. !research supgcs(s that this assunipfinn is iricort-ccr fi►r nutr irnl m•nilnbilil)-. Within the Foil rant- .coarse-grairird soils. rnlcric bacteria nr•e lihcly hr br(ran.y►orlcd br%•nnd-1 fl(120 rn►)in rix, roleric bnctriin nre suhircted to n coarse soils. I'll r•rduceorriNrvirr(t•Iliixproblrnn,pre intirtn►;n•srrilanoll:sis, ill orlrli(ion it?nr nultirol-puur (cnrhon-linnitetl) environ- i►tslead cif ilrp soil percoln(inn rest, should be mode. 77rr.e,,anal:::c.:should inclutirpurlicle nneol I In). '—T•-e:.e and distribution anoiysis and possibly organic ntal(er content analysis. Indigenous soil microorgnnisnns,typicnlly found at soil particle surfnces,have a cone fpelidve edge in this nutrient-poor envi- ronment. For-enteric bacterin to survive, posol systems may lie necessnry to reduce they must be able to tolerate abiolic n . M icrobial life in domestic waste- waters is varied and commonly bacterial, and possibly,viral (rnnspni stresses, to nrniolnin their vinbilily In the pathogenic. health considera- The purposesof(his pnperare loreporl absence of nutrients and to coexist with • lions dictate monitoring of water subject llte results of bnclerinl tro nspoil simuln• mdngonislic oiganisms(13). Enteric bnc- to contamination from these polentially lion studies,to suggest flint bnclerinl coil- lerin that survive fn this "rigorous" en. pathogenic contnnninanls. The focus of lamination of groundwater via on-Rile viionnnent have file potential of being monitoring by public health officials Is on wastewater treatment systems cony be transported grrnl dislrinces. 'viruses and pathogenic bacteria,the most very common in coarse-grained soils and Recent sitidies(10,11.16) indicate lint common microbiological wnslewnler coil- to recommend procedures which nnny hell► stnrvinr bnOriin cony not only lower their stituents.If these organisms can find their reduce or alleviate the potential for ad• mclnbolic requirenncnls, but also reduce way into groundwater nupplies, then a ditional bacterial contamination. their volume or possibly fragment into potential health hazard does exist sninller, viable cells cnlled "dwarfs" or Soil can be effective in retaining bnc• Background 4.till ininicrocells." If starving enteric bnc- terin and viruses contained fit wastewater trrin tire subjrcl to the snore processes, discharged Iroin nil on-site wastewater 'Viruses fvund in domestic wrisle«nfer nre then the probnhilily of bnclerinl retention treatment system(septic trink/lenclnfiel(l/ n greater public health problem for humnns wit bin n short distance of travel in soil is system). Straining and adsorption are than bacteria. The viral population is ' reduced. thought to be effective in limiting uric- much more likely to cnuse infectious dis• Whether strirvinr enteric bacteria ore robial transport (5). Straining is thought ease lhnn the bnclerinl population because subject to size redeclionor frnrmenlnlion to be the primary factor in bacterial reten- the dose required to cause sickness(infec• In soil nssocinled with nil on-site disposnl tion (6), while adsorption is the primary tious dose)is much less(17).Sampling for ' systenn has not been proven. Uwnrfs will primary retention factor for viruses(5). viral contamination of wales is more ex. 1,nss through standard writer sampling Health officinls commonly nssunne(lint pensive, more fime•consuminr and less lilln rs, sn Ihcir Inesence is inure difficult if bacterin, which are much lager thnn reliable than sampling for bacterial cun• to assess. t viruses, are not being retained in the soil taninrilion. during transport, then the same might be Sniiililitig for bacterial contnniimntitai Simulation (results said of viruses. Therefore, bacterial coil* will continue to be the pninnnry nielhod for tnininntioti of writer supplies is a good in• verifying the tlunlit)-of the drinking writer The resells or t•ompuler sinndnlions re- dicntion of viral contnminntion, supply,althourhrecent resrorch stir resis crnlh• pi-rsenlyd It.. Peterson and !Ford Recent research of the authors(18) aid (lint the results from bacterial sampling (1A) stirgest that enteric bacterin mnv be information from the literature suggest may be unreliable (1,12,15). For these lransporled beyond nccepinhle limits (4 enteric bacteria may be transported greater reasons, bacterial retention in soils in the feel or 1.2 meters of unsnlurated,suilnble i tances in.the soil thrill common) as• focus of this paper. soil).Theirreserirclnwns limited to coarse- distances su►ned. These results and nssocinled in. Palhorenic enteric bacteria — Exclier•• grained soils lypicnlh found in(lie►noun- . formation suggest that new inslnllalion ichin, Salmonella. ShtRclla, fibrin, 1•rr• lairs of Colorado and did not accotnnt for procedures for on•site wastewater dis• sinin, Psettdnninnas and Slap/tnlocliccus nnY size reduction or fragmentation of — are common conslilurnls of waste- bncirnin. writer entering and possibly Irtiving one loilinl hnctciinl roncenlrndons wrre Robert C. Word. I'hl)., (trpnrUnrnt .if/lrrkupurel FilewrislewaterRCatem9. Onennirlitexpro within flip range or those llmt might be end Chemical Vngtnrerinr, Colorado State Unher• (he vittiety, ntinther and cinbilily of line expected at the soil/lenchfirld trench in- city,Fort Collins,CU 80523• organisms enlerbig the soil from waste- lei-face— approximately 6U,000 bacteria 1J6 -Journal of I;nclronmental Ilcoldi Volume fil, Nuinbrr 4 l ]ieCU111lI1e11(IL1111U11H rU1C' must be careful when arbitrarily°pptying per cubic centimeter of evil bulk voluute• the results of This resenrch to field situn- Utilizing n bacterial trnnsport utodel t.e6ulato •y revi5iUll lions. Additionnl research, under field coupled with a soil water flow model, cor- PetersatandWnrd(18)rnnsinutlntiortsot n e°o°11whenon Practice bocterial retentionecnnrmt •relotioll betweenudeptheofr soil e n dand l.bac- a 1 OU-year rnihslonn on n hypothetical om K soil Bite wastewaterlencltfield located lit conrse be obtainndewtthin he del a all liat edicnll depth teri nnlyaiso'f the l teroui a And the results 4 soils. The. coarse soils were classified As is to incre 1 trnclice with little of the computer sintnlnlions presented in sandy And lonnry sand booed on their has been an nrbitrnry 1 this losl►er indicole thnt the percentnRe of physical properties. A deterministic(Coll- ecienlitic justification(21►. ieq stunt input) simulation was run to con- 'Fhe results of the research. en increase the U.S.lSlnn+lstdlf3 eveeNo�200,le to with pare the depth of bncterinl trnnsport mnrized earlier, suggest (lint between the sandy And Ivnrny sand soils. insoildlerinlcretall ienl oinve n'rl For vcontplt orslive ttnjor+fnclrs orl lending rl ibnc(er nleretely lr>- 'l'he results (Fig 1) ore whnt one on bnc might expect.Lonnty solids relnined more Fi nitres 29 An increaseei lit sotle ol deplholid rf from tt`Slotxtkyl(20)Sis lvery rspecifics whenlie bacteria than sandy soils. The grente t; relative difference in bacterial colic ell- es[lint 1produces 0 to co nputerts rsi+mtlnt o of 17 n re�tll)s effect'ntic ohinl+eve tstrrttav,lcnrelwrlttnr trationswnso.23ot60crosoilcleptILB Ilse I,,y.sIzctI finciion nod ri- on this sintulntion, no b annd e�ravel le Whinl illdicnte l relentlontilt incile prob"llility of eases front bac. mnriiyo fclnynti teenisnndl+olyntericlnsist yd- beyond 110 cm in lonnry roes oxides of mainly Fe(3 }), AI(3+) bacterial transport did exceed 12U cm soil 0.84 (nil Increase of 31 percent). depth it's anndy soils. Soil depth is a important factor,but one and htn(4 l)." The relative concentration in hntlt cases was srnnll. The irttportnnt point to mote is that the presence of fine-grnined ltnrticles in the loamy solid reduced bacterial trams- Figure 1 port. Costpntison of relalivo baclorial concunttntion versus cMPth lot loamy The soil environment is n•cuntplex eco• sand(solid limo)and sandy soil(dashed line)at Ilia EPA design system. Modeling a complex system de' percolation rates terminiatically produces results that loony have limited value. Modeling bacterial - transport stochastically(with varinhle i++• 1.0 ton VIA"S1nnM puts) accounts for some of life vnriohility °.e clot-e0000 inherent in the soil ecosystcut.'1'he resells 0.9 r-uo Ion of stochostic modeling of bncterinl to nil s• 0.7 port in soil are expressed ns probabilities o 0.0 rather than specific bacterial concentra- lions. � �•••• Simulations were performed to htdicnt e u 0.4 the relative importance of bacterial ad• e.3 sorptionletroining mod die-off on the max- v.2• bnum depth of bacterial transport(Figure v.+ 2). The results show the intportnnce of 0.0 .• -•- '� ��''t. ' both die-off and adsorption/straining to o to �o so en too no ao +eo DEP1N(CM) 1 bacterial transport. The probability of hncterin reaching I'lll con (4 ft) in 168 Is when die-off slid All- ore are Laken into cur Figure 2 sideration is 0.35 (solid curve). If the soil water temperature were very low, thus Curniolative ttnnopscy dis!�ibulions sfmwinn maximum depth of bnc ting itsclerinl nclivity noel uie vlt, aerial transport when all paromelors sro included(solid line);whop ilia the prolrnbility of reaching 12U cm(4 f l)le dio•oll coollicieni s (dolled line);and when ilia die-oll odsorpliott/ stlaining -0(chain-dot line) 0.64 (dotted curve). If Adsorption,straining;And die-off were not factors, such as might be the case in too very cold; coarse•grnined soils, then the'• •O too t'IAa StOnM•SAND probability of reaching 120 con (4 it) is eo r-tee nouns U.88(chnin-dot curve).Dispersion nCCOunts W ra 1 C-e°a°e for the 0.12 difference from plug [low to eo conditions. f eo The results of this investigation suggest w .o J ' that enteric bacteria eventually will be. trnnsporled beyond 120 cm(4 (t) of suit- >to t able soil depth in coarse-Rrnined soils.With these results in mind, It is suggested that v !..... . .........,•. .. existing regulations for designing on•site '\ ° to j do ne an ton tie 140 too wastewater treatment systems inn)- need- r MAXIMUM DEP1111(CMI • to be revised to account for hncler inl trans- port in these coarse-grained soils. March/April 1989 Journal of Environmental Health 19 !i�•:: to:.t alluulti be repinced by or mnen- A suggested procedure for eslimntilig Loamy Hands hove n higher percenlrivn of fines than annds. Results reported in ded with pnrlicle size analysis and possibly flip bacterial retention copnbility of n soil Peterson and Word(18) indicnle flint life organic molter content onnlysis, using n Inelhod hosed on soil particle probability of bacterial retention within The percolnlion test indicnirs the rifle mnrlysis is the Ilusch-Luckner (2) equn- 120 cin (4 fl) soil depth is 0.64 for loamy water Is accepted by the soil. If provides lien I-elrl-el-ed in Alnllhrsc and Vek- -sandand U.62 for annd.'I'his is rill increase no indication of either microbial or chenri- dcrger(1.1). liusch raid Luckner(2)define In retention probability of 23 percent cal retention. Alicrobini will chpnricn) re- apcurily vnlur,S,whichcmrhrusedforthe when a soil with additions) fines In used. tendon by evil are pllnrslily functions of ilrlerminnliirn ref nrrchmricn) filtering CH. As with soil depth,these results cnnnot be soil nllnerology and surince area still or- tcrin for still rrrewioti of hncler in. The transferred directly to field conditions. gmtie matter content. Because organic' value of S must be rienler lhml 1.5 to limil Until new quantitative procedures are molter cony be assumed snore transient baclrris Irrurspnrl. available, temporary inodifiroliuns'or re- than soil pnrlicles, its use cony be limited. The equnlitin is hnsicalh n rnlio of flip visions of existing regulnliuns.ntny be (Any-sized pnrlicles, clay minerals and- dimoeterof fill-rriicrovrrnnisnrsorinterest necessary. The commonly used percola- or,onie molter retain bacteria to flip dinmclrr of the soil pnrlicle Size will, Ill percent liner— Ill percent of the pnrlicles Pip snnrller thrill this specific dinineler. 'I his eyuntion is minlvrous to Ihp cocllicirnl of unifunnily used in reo- Table 1 (echnicnlrnrineerinr.'I'hellnsch•Luckner equation with pnrnmeters defined is: Relationship between grain size and critical pore size S= Idill/iFr,4dk)I> 1-5 IiI [Aller Matlhess and Pekdeger (14)I where (11r1=dinnrrler•ill microvi gnnism IU SOIL GRAIN SIZE(mm) Fe •dk (urn) Fs= ernpirirnl Irnnsil fnrlor— nunrer icwlly 0 is used; this Irider 0 72 nrcotrnfs for Fine silt 0.002 0.006 the heterogeneity o[ Medium sill 0.006.0.020 2.4 the p��r nrcdin Coarse sill 0.02-0.06 ilk= hv di vololic riluiynlenl dimnrlrr Fine sand 0.O6 0.20 — - _ _... "p of porous nretlin,dk rouols 0.2°d a•„ __-._ . _ . ... 72.0 (grain size will, 10% finer ILI► -•-..Mcdlursi sand 0.2-0.6 Coarse sand • 0.6-2.0 240.0 when file crilicalpure size value.a(Table Fine gravel - 2.0.6.3 720.0 1) mul the size of n typical bncleritim Medium gravel 6.3.20.0 24000 (t1.001 marl fire used in rvolunling the Coarse gravel . 20.0-63.0 7200.0 Busch-Luckner egtrnlion, the result indi- cnles no bncicrial retention by the various soil IYlles. The (imilinr pole dinmeirr for conrse sill is 0.01172 arm. Ilecollse nnlural soils Figure 3 me nol uniform in pnrlicle sizes, nssumr. Compailsnn of grnln alto•porn r1ro and mlrroblal size 111111 it rrllnin prlcrrrl fire(if file soils listrd [Allot Matllioss and f'akdogor(14j) In 'I'nhle I rill rrtnio hnrlwin A riun• line isun of I;rnin sire is provided in Figure 3• • mourn 4OOpm-12/im '1'o utilize flip Busch-Luckner equation, dk-Gravel dk-Sand f:urn-0,4Nm sevrrfil differ rill soils must lie tested under dk-Silt field condili4jim 'I•his procedure can pro- vitle fill esi iimrl ion of bncicrial removnl by 100-100m mcchnnicnl fillinlion in sail will n subjec- Protozoa live feeling for the soil adsorption poten- Fun._gr _.. -0?um lint — if Ilrrtl is n fnclur. StJm f5pm a Another emphicnl nppronch, requiring �500-tYJOnm more extensive inilinl research,is a retnr- Rrckellsroe dnlion foc(or, commonly used in solute Chloaydrae Irnnsport equntiuns. A relnrdntion factor 250-20nm hulicntes the rrinlive velocily of water Viruses fluty to Ihnt of bacteria. Retardation is •. — 10-frim defined as: Hocro- Molecules It= vw/vb= 1 -1• (p/U) Ka Iiil f nm where: • Large Pores Medium Pores Fine Pores Moles Utes v%v= soil will rr srrpnre velocity if'r1I vI,— hnrlrr ifil trim-port velocity L'1 1 Sand 70% 15% 15 Aloins 1)_.soil bulk drnsily JAI L'-II e Loam 33% 33% 33� h= soil anise content If,:' 1,-3I Kn= soil pnrlilion coefficient I0 AI-II Vmm 1 mm 0,1 mm 0.0 fmm 0.001rnm IOONm •. >Vum I pm I hp soil pro lilion corfficieni is n menstrre 1000nm ?Xnm Unm 1nm Voprn VPm of the pnrlilirmingof the bnclerin between file soil wnlrr mu( the soil pnrlicle sur- fnces. The nunrericol value of this coeffi- 198 Journal of E llvironnielital Heollil Volume 5 t. Number 4 cleat intlicsleR 'lie rlegree of alrnininP or allsnrilllntl of,bnclerin on argil pnI Ii r1rR Itesentrh tcould itidivor whellier the adsorption— a higher value Indicative o[ and or Panic matter. Straining of baclerio I►e'crtiinge of lines is equal in itilportnore greater retention at particle RurfnceR, is not included. to n uniformiiy coellicienl (\goal likely the 1t is known that when hydrophobic 'Ill account for RUnhihir, n no lliplirn• perct nlnp:e of IinrR is more imirorintil,he- eoluleaarehttroduced hlloso{Is,lhenrsu►tint live Inclor to the Roil pnrtilioo coellicienl cnuae II is litres{legs Ire hn�e n a•ell•Prnded of solute that disappears front solution • In equations Iiij or liii) can be estimated. coarse soil with Ica'cloy aired particles. often correlates with the ronount of organic As intlirnled enrlier,alrninior;of bnclerin Alter nrcounlitig for lint Iitionirlg due to mntter• In the. Roil material (4). It nlso In Is n funcliun of the petr.etilnge of fine- ndsotplion, the perrenlnge of (ioes, nod understood.that the partition coefficient sized particles.Slrninior is nlso n futtrtion the lint lirle size distribution, the fill"' for organic solutes is n function of Ilse soil- of lite particle size distribution. Large- . retardation equnlion I., water partition coefficient and the froc- sized pnrliclea mixed will, manll•sized It vvVvb=1 -f-(p/ll)1(a(a*%Iines)(b*Cj tional mass of organic carbon(9,19). particles can be an effective retentive A Roil pnrlition coefficient which is n- nlnlrrisl. where function of both soil particle size and 'I'Ine Roil parlition coefficient n1111- Cu= uniforntily roellicient w� • organic moiler content can be dele - ti Ilicatice ("clot col be 7nsell on eillier n= fine-g ruin weighlinp factor mined.'I'he partition coefficients for-silt- the percentage of lines, the pnrticle size b= uniformity wrighlior factor midclny-sized particles and organicrostter distribution, or n cotitbinn1ion of both. Ali exnmpieofl lie oseofI his eriuntionis con be estimated usiog procedures similar Retardation in 1►nclerinl movement in• Fivers Willi the frrllowinP hypothetical ex- to thone presented in Ilendricks et of. (7) crensrs ns the percentage of fine-sized amide. A hypolhelicni Roil has n bulk den• or with data existing In the literature. particles increases. Rily of 1.65 and saturnted water content is Ali estimate of the relative contribution '1'o account for particle size distribu• WiC 'File soil pnrlition coefficient is I-()- oily enchfract.ion to the Roil pnrlition coer(i• tion, n form of the uniformity coellicienl The peer cntngr if liars is 411 percent and cleat, Ka, is mode by Roil p"rlirle and (8) can be utilized: tIle rot Ilicictil of utiitortiliiy is 10. The organic matter content analysis.'I'he con- Cu= d6U/d1U (iv) line-grain wrighl iog Inclor still the unifor- tributions of each could be summed in Lite where roily Weighting factor are 1.0 and 0.2, followhlg form: d60 = grain dinrneler(in nnll) corres- respectively. ponding to GO% passing by Weight For These pnrtnneter values, the retnr- }(a a (i ka fi �iii� d10 — Proin diameter(in ruin) corres- dnlion Inclor is 69,ati►plying that the soil where ponding to 10% passing, by Weight wnlerscepnge%�elocilyis:169limeRlhntof t► ka=partition coe[[icient for ench grain d10 means lbnt lU percent of[lie particles the bacterial transport velocity.If the soil size ororganic matter froclion1L3h1-11 are smaller than the diameter dIU. A is drier. Ruch as U.15, Then the velocity i size or organic matter traction uniform. poorly graded soil has n very low ralion is 825. 'I Ilese retnrdnlion vnhtes ' e total mass ►resclr value while " very well graded Roil cony Iluliratewhrlherlhepntliculnr soil isnde- fraction o the f tic 1 fi � quote to retain bactcrin long enough for led by.component,I have a vogue o[ IG or above (Figure 4) q t Note that this procedure applies to (8). them to die-off. The assumption ill this Figure 4 Typical particle size distribution (Aftor Holtz and Kovacs(e)) Sieve analysis IU.S.Standard sievel No. 20U IOU 40 10 4 e in, a in, 3 in. 0 100 t t uniform 80 -- ---- 1 — r --- 2U L N t �40 E - r _ --- -- -- '° 0 V1 c E 60 — —t.. ._ o 0 c —• � c rn 60 o, t n 3- 40 — ---- Well graded a • u a _• —�. ---- — ---- — - --.. _ -- 4 f Gall graded -- �. t _ UU 20 J. 100 0 E i 1U IOU 0.001 6.01- 0.1 t Grain tliameter (imal March/April 1989 'luurnal of ElIvitonnlcmta) lienllh 199 i Ileferencen Alirruhi,t) Spr.cell of I'Irlrltlirl tine in (:Ihypothetical silunliau is that bacteria are ' adequately relainelL 1. Ili••nnnrltr, rill, .1..1 .leer}!, O.A. tl.F•elr.., F.nrlotrrrine AI'I,1 Emil`­ A(Fr►nhinl. // I if pnrticle size and organic ninller annly nnd U.(f.SIum11191rt1. lit Irrnr l:nrltunmrn• 714. r :�I• tot)tilrrte not I:numrluJimi un of ndirnlor nnr lei ln 14. Alntlhr"a, U. Fled A. I'rkde• rr I19A51. Su ' I' sis iddicate limited retlll'dnlioll, that, (wo A/i,rodmit 29:Inn.l.4. nnd Iu+nepolrinll'nlholr.eeeiellnclerinnndl'i (��rnNnlrtrnlll'nler++.r1/•/,, r '� III additional procedures coot be considered. 2. Ilutrlt.It.Jr.solid 1,.Lackner 119141,Grtd�rtln/uhk, illIrrolund+c ntr►. In:Gnrunrl Il'nfrr tjrtnhly. I" A Inr a volume of soil cull he removed nnd 2nd F•d. F.nke,Smarted, wretl,W.Riger,n .1 nd V.1.McCarty II; 8, Crone,.9.It.most J.A.Monte 119R41.Ilnrlrrinl Ihtl• need Srrttn,NY.III,.472.4R2. "llolllogelleously Illixed"(o piuvide n gi enler lullon of GroendNnter A Review, Wooer Air Red Iri, M+Pr U r.,Ir A..S 1'.1'nnrrnot nnd AL1V.Lr I' depth for bncterinl retention cold die-off. 15rllttr. 27:01•81. "Illrr 11!In7), Inllnrnee Dilee"tc. Mrellr li The nddi(ioii of Mien Ili (lee Pill mixime - 4. Ih"tohnk,D.A.nnd 1t Or, I.osll+y 101111►,1{nllen+l• Mrn+lnnnr I'ilt,•tcnnnrlrrtlolnrrl InlulfilM I. they OCCOIIII)II9I1 IhC allllle oltlrfllr'e. Either lisp Adr+mpllFln r+l I'ol)r7 cllr Mmnollc Il)dtocnr• - I'm ('r•lilorm Ilncletln.A/rp.Estivate.After ! hen+on Snll•..Snil Sri. 117:2.?•3 rR. 4:1:47.111:1, activityaliouldbecoll9i(terelinRhort•tet'm s, (7erbn. CAI- C. 11•nlli•. Rod.I.L. AlrImik 11971161, 10. Alnrit".I1.1'.II!IP?I.Sint rnl lose.Surr•irnl,+r1. solution unlit furlherresenrch coot provide FRIO of N'edewnler Ilnrterin n,ttl Vintcr.In Soil. olrnphs In file Alntine F ridrmunenl. Adv. definitive answel'9. A.Sr•J:'.1, Forme Irrni•r 11e. 1111111C11:1ri:•I%1. rnbirdli:lil 199. jI 0. IlnRrrlrrt+,l'..F:1..A1r(',+v.nrttl'1'.�I.Itnitellnl n. 17. Olhiril. 1'.1'. 11!19:11. Ilecrnrr•11 Nrrdc: II II1'01enllnl for Gtruttel 11'eler Coell not)Ili AII'm(Folios Implirnilolol•nl (lnclrtin most 1'mncilee In Ili Srptie'Fnnk lill►u►ntr.J Fntinrll. Qltrtl• 111A.A. Ahentplinn of Wtoorwnlrr. lit-11"r N.SY It II ►SU111111my 7. tltedtitkc. 1).11., V.I. I'oa1, Most n.11. Khnirtenr elrnrrrrnlrrcr"rrh/�'rrdtllrinhngfn.Snr/Ahrnrl IMP).Ad•rrl'tlnnof linclerinonSnlln.11'nfrrAtr n/11',nhunfrr. Fort/'Alin+,1•(/, ILP. %%'Red Itesult9 from recent resunrch ll1(licnte(tint' Sail I4dhtt. 12:71 Ill-2:12. SAL Moltrknnlrrin.),Nnl.Sort.Foundetlon,M jbacteria are lranspor(ed I renlerdislmlce9 9. Ilollit,It 1).Rood W.D.Knrni•t'll"IBI .Ar,Ittir",►+tr• 1W.1•p 1ti•102. thnn oripinally thought in coorse•grained linn to Grntrrhnirnl F.'nRenrering. 1'renlice•Ilnll, Is. Prtrrioln,T.C. nnrl It C. 11'nrd(IM), nail 'll 80119. rlllere9ult9IIIdICnte (hnt4 feet(t.Z Inc..F,nrtewondCldfq,N•1. 11nny"nllnl'olnrctsolilcllenenlh Oil Sitell• ei 9. Kerlckholf, S.W.• D.S. (ltown, need '1'.A. Scoll w'nler'Ltentmrnt SlOrtm.Cnlrrrn,in Stott* I 'i nl) of suitable Roil is not adetliente to pre- (19191. Sorptinn of 11}41rnphohic Peflulmdn on Ey .Sfnlwn 1S•,h 14,11. No,. 111491.4. Colts 'i vent enteric hnclerin from renerl►ing sot Nntos,nl SrdioltrMI.% ►Torre Itrs. 11:7.11.21R. Stnir•Fleur..Purl Pullin..CO. L 111. Illetlrhrrr•S.roldhl (lrtntrosn!otrll!IPI),Shmn• Ill. Ilm, 1l'It nml It A ILilfin 119051. Mohilil nted Roils beneath on-site wastewater tlnnlntluredF.IrrrMunllnttriinl 'top Foote('titeMe- (hpmtii. +d+rntcIll Wofrr•SnImpted Still hlnlr, lenchfiellls• Ie►Llir�.rlpp( F:ntirort A(Frrnhinl Ifl;J!►7 r,n:1. I:mit"o lirr,I II'nlrr,Soi. 7:211.217. Existing regulolioli9 for a99essi11p the 11• I(Iellebeir,S,.11A.flumphrey.meet KV.Nine Ritnll 211. Slrrlrkr, li 11!1111:1. Itlnitrltre of Soil A1ir suitability of Roil for O11•Ri(e wn9lewnter 119flt11.Inhlul l'hn.e�nrFturrn1lunnndMlhllyn( 1'ellnloh olu hlonloolir hiserrc.en.Cr- lh,A linclrrin no Surfaces,App. Ellrirrtn. A/rrrobletf. .Inn, Flood krrd+•rr of Afirroheu need vitu•r• ;'I Rya(etnR, therefore, need to be revisal)or 4r•fI7R•9141•1. lotrr,ott•or•n/SbtlAfror•rnlx will,Notl,rnfOr Rr, replaced. Ilniticle size slid di9tributioll 12. LrChrtullier, AI.11'. nnd 1I.A. AlrFeirrn WORM. nodAhrrnln;c 1'.A1 IlnnnrnndAl.Srbnilrerlr atielyRl9 nlid orpnillc I11n(t er colltellt nllnly- Inlereclion•Ilerwren norrrlropldr I'Inte Count Soler.Iloilo.d 1 7,Soil Sct Soc.Am..Madi+on, sis provide better inforulnlion repnrlling hnclefin need(Wiftrrret Oritnnimnn.AlrpL Enrirnn pp.1115••12R, I, bacterinl retention in soil thole methods Afrr►obi,of 49:1.138.1141. 21. Witorbrrrrr, .1IIA'. 119R11. Sepfir•7irnk ' • Sincinir• (•AI. Alnllm)•, nnd M. lrntc. Vol. I.Srd,.cur/er Irigrn�ol of Srp(nc•1 II resent) used. ❑ 11. Linter, Lh.,J.1 p• Y Ah•..�•+ Il7!-).talc In:lnJe)Femvtdents u( !:%/turn!••,Il:tnrt:a+rll:Pull.Nas!or,NIA. �O1LICa>JC L 4101i1�ai1�o I orStormwater ManapY You can expect bailer results and greater design flexibility In a ! 4 •It*' •• A yseptic leachlield or slommnler Infilirallon sysleilt that uses life ' rInfiltrator engineered sysleln. rt�' • density nwlded 10l nler chamber. impervious to sail, �1 High der s ly 1 Y acid, sewage, chemicals and sunlight, easily meels FI AU or H 2Oloadrn L::� 1,;� ,I , t'r •►^- I • Each unit, 76'9 34" x 15" (Iliglt capacily)or 76" x 34"x 12" tom, el 1r,�;.. Jul. •I`,' 1``At (standard,), olle1S far (lienler dotage ci,p�cily and a171�rox• imalely 50e,,b more infiltrative surface area than found in traditional systems. ` '�.;. r"' t • i�� 1 .I • Inspection is quicker and easier to perform, and there's no �. worry over dirty gravel and gravel co111pactiorl. Call or write for free brocliurv. rA� � .. �`.^' _ etc �1!,.'.' `,�r•ri�' 'i. SYS�1 C(�/lS INC. rr^: .'r' • 123 Elm Street• Suite 12 • Old Saybrook,CT 06475 ';. ��_ !.;• 1 o1Jt� :� � �ti�• epoll -6639 Fax: 2o3-3ao-solo t - 200 Juutnnl drf l.ncirunmcnlol Ilcnith 1'ulumc fit, Nu1nl� '- -- --- - r x i i TOWN OF BARNSTABLE """"`""""' *THE T RECEIVED OFFICE OF MAII1197'ADLP. t 9 „A BOARD OF HEALTH 10 _ 7 i639. `�Q'A 367 MAIN STREET 1 �Fp MAY b HYANNIS MASS. 02601 October 30, 1989 Thomas McClelland Down Cape Engineering Company, Inc. Route 6A Yarmouthport, MA 02675 Dear Mr. McClelland: Your request for multiple variances from Title 5 of the State Environmental Code, to install .an onsite sewage disposal system, on behalf of your client, Brian Ladner; at 137 Short Beach Road, Centerville is not granted. The proposed bottom of the leaching fields were designed to be constructed where the maximum observed groundwater. elevation would be only 2.7 feet below the bottom of the leaching facility. However, the minimum separation distance required under Repulatlon 15.153 (3) The State_ _Environmental Code Title 5: Minimum Requirements for the Subsurface Disposal of-Sanitary Sewage is four (4) feet. You are reminded that the variances may be granted only when in the opinion of the Board, (1) the enforcement thereof would do manifest injustice, and (2) the applicant has proven that the same degree of environmental protection (required under this Title) can be achieved without strict application of the particular provision. You did not show manifest injustice, and you did not prove that the same degree of environmental protection can be achieved with your design. The Board is of the opinion that granting the variance you requested would violate the Intent of the minimum requirements. Sin erely yours, rover C. M. Farrish, Chairman Ann Ja a Eshbaugh J es H. Crocker, m gOARD OF HEALTH TOWN OF BARNSTABLE GF/bs copy: Attorney Brian Garner (TO PLAINTIFF'S ATTORNEY: PLEASE CIRCLE TYPE OF ACTION INVOLVED: CONTRACT T- ORT MOTOR VEHICLE TORT EQUITABLE RELIEF 'OTHER) Tran»nturaftli of :ffitumarlimirm BA.RNSTABLE, ss. SUPERIOR COURT No. i 91 A .700PY ATTEST JOSEPH W. SULLIVA -PEJ7Y S ERlFl= VS. GROVER C. M. FARRISH, M.D. , Chairman, et al, as they are members of the BOARD OF HEALTH of the TOWN OF BARNSTABLE SUMMONS To the above-named defendant James H. Crocker, Sr. , 10 David Street, Osterville, MA You are hereby summoned and required to serve upon .......................................................................... Brian F. Garner plaintiff's attorney, whose address is ............ ........ .............. .. TERRY, DUNNING & TERRY, P. 0. Box 560, Mashpee, MA 02649 an answer to the ................................................................... . . ............................, a complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk of this court at Barnstable either before service. upon plaintiff's attorney or within a reasonable time thereafter. Unless otherwise provided by Rule 13(a), your answer must state as a counterclaim any claim which you may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim or you will thereafter be barred from making such claim in any other action. Witness, ROBERT L STEADMAN, Esquire, at Barnstable, the ... twenty-ninth .................................. day of .....No.vembe.r.......................... ......... ... in the year of our Lord one thousand nine hundred and eighty-nine. I' Clerk n. h II NOTE: When more than one defendant is involved, the names of all defendants shall appear in the caption. If'a separate summons is issued for each defendant, each should be addressed to the particular defendant. ilot ap war pe:'sonall°- u) .oO l i t.' ::]s":v e f•;'t" 1]i`1,�1�` �.Ti .f y'1 cl ) rp: 1 1.� l,':' ii 1t_11 i1)I'; fi, lta\ , a al T'115 oiflier you or iiAL. all!,, %r' a ::if ) \'tl lC' al]StVC; C%1ii11(] asii)�C'it l(�Q �:(:1'�'lll ^a,:. ,+., .. iije } -(u]8 li.'.0 i I • z r Commonwealth of Massachusetts Barnstable, ss . Superior Court No. JOSEPH W. SULLIVAN, ) x Plaintiff, ) ` V. ) COMPLAINT (APPEAL OF THE DECISION OF THE BOARD OF HEALTH PURSUANT ;, GROVER C. M. FARRISH, M.D. , ) TO M.G.L. c . 30A 9 jA Chairman, ANN JANE ESHBAUGH ) r and JAMES H. CROCKER, SR. , ) } : as they are members of ) K the BOARD OF H EALTH •f ) the TOWN OF BARNSTABLE, ) Defendant. ) STATEMENT OF CASE This is an appeal of the decision of the Board of Health for the Town of Barnstable (hereinafter called the "Board" ) denying a request for variance submitted pursuant to provisions of 310 CMR 15.20 to allow the distance from the bottom of a leaching .,:: facility to the maximum groundwater elevation to be reduced to . E' 2 . 7 feet in lieu of the required 4 . 0 feet by the Plaintiff , w f Joseph W. Sullivan (hereinafter called "Sullivan" ) . , itF. PARTIES 1 . The Plaintiff is Joseph W. Sullivan of 1001 Marina ' y 7�, Drive, North Quincy, Suffolk County, MA. V 2 ., The Defendants are Grover C. M. Farrish, M.D. , 65 Camp .. Street, Hyannis, MA, Ann Jane Eshbaugh, P. 0. Box 514, Off Curry 3✓-:. A. 1 Lane, Osterville, MA and James H. Crocker, Sr. , 10 David Street, Osterville, MA, as they constitute the members of the Board of Health for the Town of Barnstable. 3 . The Town of Barnstable Board of Health has its principal place of business at 367 Main Street, Hyannis, Barnstable County, MA. FACTS 4 . Sullivan is the owner of residential property located at 130 Short Beach Road, (Centerville) , Barnstable, MA, as further described by a copy of Barnstable Assessor's Map 206 Lot 027 attached hereto and incorporated herein by reference as Exhibit 5 . On or about September 15, 1987, the Board, through its director of public health, a certified letter to Sullivan indicating that the sewage system on his premises was "inadequate and is in all probability contributing to the pollution of the river" , a copy of that letter attached hereto and incorporated herein by reference as Exhibit "B" . 6 . Said letter further indicated that voluntary compliance was requested. 7 . Said letter further indicated that official action had not been taken but would be taken if cooperation by Sullivan was not received by the Board. 8 . On or about August 30, 1989, the civil engineering firm of Down Cape Engineering submitted an, engineering plan for a new septic system and a request for variance to the Board, a copy of 2 3 said letter attached hereto and incorporated herein by reference as Exhibit "C" . 9. The variance request by Sullivan was to allow a 2 foot 7 i inch sand filter between the leaching facility and the adjusted groundwater table. 1 10 . Sullivan submitted a brief to the Board explaining why the variance should be granted; said brief contained evidence that the Board had granted seven (7) abutter's variance relief than that requested by Sullivan within the past year. A copy of said brief is attached hereto and incorporated herein by R reference as Exhibit "D" . 11 . The memorandum submitted by Sullivan provided substantial evidence that the enforcement of the code of Massachusetts Regulations relating to septic systems installations, if enforced, would do manifest injustice, and that the plans submitted by Sullivan would provide the same degree of environmental protection that would be provided without strict application of 310 CMR 15 . 153( 3) . 12 . After hearing the matter on October 3 and October 24, 1989, the Board issued a written decision on October 30, 1989, denying the variance request of Sullivan, a copy of said letter attached hereto and incorporated herein by reference as Exhibit CAUSE OF ACTION 13 . Sullivan contends that the October 30, 1989, decision of the Board denying his request for a variance has prejudiced 3 the substantial rights of Sullivan because the Board's decision is in error based upon each and every one of the following reasons: a) In excess o•f the statutory authority or jurisdiction of the Board; b) Made upon unlawful procedure; c) Unsupported by substantial evidence; d) Arbitrary, capricious and unreasonable. WHEREFORE, the Plaintiff requests: 1. That this Honorable Court modify the decision of the Board to grant the variance request sought by Plaintiff. 2 . That this Honorable Court order the entry of Judgment that the decision of the Board is in excess of its authority and jurisdiction , made upon unlawful procedure, unsupported by substantial evidence, is arbitrary or capricious and that said decision is , therefore, set aside. 3 . That this Honorable Court order the grant of the variance relief as requested. 4 . That this Honorable Court order such other and further relief as it deems appropriate and just. 5 . That this Honorable Court award the Plaintiff his costs and expenses including reasonable attorney' s fees in prosecuting this action. Respectfully submitted, Plaintiff, Brian F. Garner TERRY, DUNNING & TERRY P. 0. Box 560 Mashpee, MA 02649 (508) 477-6500 BBO # 547530 DATED: November 29, 1989 4 Exhibit "A" 77 j. �. �l Q O ma 06 • o s � i 11;� b It 3 lb bow"., e r aa y 04 1 ' �x • O` M� / oe J + • 10i •� 1 m . 1 i 1 F M • 4 �n ® Y �� �' / ,•) \ spa v.•1• � N, / 10 t w A\O Exhibit "B" TOWN OF BARNSTABLE �pF TH E T�� - P y OFFICE OF BARNSTABLE BOARD OF HEALTH MAB& i679• e� 367 MAIN STREET A�Oy�Yk\ HYANNIS, MASS. 02601 µ.. Joseph W. Sullivan September 15 , 1987 18 Countryside Lane - Norwood, MA. 02062. Re: Your property on Short Beach Road Assessors Map and Lot No. 27 Dear Mr. Sullivan: The Board of Health recently conducted a sanitary aRiver areaurvey of the properties bordering the Centerville ---"`° The Health Department personnel conducting the survey were m;�ma of the opinion that your present onsite sewage system on Qom Short Beach Road is inadequate and is in all probability -.8 contributing to the pollution of the river. CD a so a: J� We are requesting your cooperation in upgrading your onsite W. . W sewage system. Please have a professional engineer submit " 1 plans for this upgrading within 30 days of receipt of this notice. We would appreciate voluntary compliance, if 3� mo take possible. We will , however, official action if tT m• o r b cooperation is not .received. 2 voluntary compliance and Please advise us of your intentions , in writing, in this ;•:,,; ;,,,�•_;� matter so vital to the environment you live in. N t 1 1•.4:{1 3j Please contact the Coastal Health Resource Coordinator, _.. Dale L. Saad . telephone 775-1120 ext. 182 , if you have any questions. Very truly yours, o M. Kelly 11? Director of Public Health JMK/ds IMCD o Crr Exlibit rr — 362.4541 V 939 main street rt 6a Y yarmouth port t=l t� . mass 02675 dow cape e,71keerrn civil engineers& land surveyors ' 'aryCty/t11 QCf�(an _��pi August 30 1989 ' g � Arna H,Ola1a P.E.,R,LS.'=v= lend court NOVOR.Falrbank P.E.:`:"`• turVOyf Thomas McKean Barnstable Health Agent G Barnstable Board of Health site ptanntng South Street ; + Hyannis, MA 02601 �Fs scwe@e system RE: Joseph Sullivan, 130 Short Beach Road, Centerville. k-. designs Brian Ladner, 137 Short Beach Road, Centerville Dear Tom: Inspections Enclosed please find two copies of the revised septic upgrade plans prepared for the above referenced permits properties. The revised plans propose a 217" sand filter between the leaching facility and the adjusted usted groudwater table. According to an article published in the P _ March/April 1989 Journal of Health, written by Thomas C. Peterson and Robert C. Ward entitled "Bacterial Retention in Soils, New Perspectives, New Recommendations" this 217" sand filter will retain approximately 84% of the initial bacterial concentrations found at the Soil/leach field interface. In order to obtain a larger sand filter, I believe some } sort of a retaining wall will be required to prevent breakout. I feel these proposed systems are such a substantial improvement over the existing systems that these variances should be considered. If you have any questions, please call me at 362-4541 . Sincerely. s ,r Thomas McLellan Down Cape Engineering, Inc. TJM/amp/2TJML101 Encl . cc: Joseph Sullivan f' Brian Ladner Brian Garner Exhibi-t'D" I , i Brief Barnstable Board of Health Request for Variance on Vertical Separation "Groundwater to Bottom of Leaching Facility" FACTS . The Applicant is the owner of a dwelling located at 130 Short Beach Road, Centerville, MA, shown on Assessors Map 206 Parcel 027 . Applicant had earlier received a notice to abate violation ( 310 CMR 15 . 00) for a failed septic system. The Applicant has applied for a disposal works construction permit and the Board has determined that a variance from the Barnstable Board of Health regulations would be necessary. . The variance relief requested is from Regulation 15 . 13 ( 2 ) to allow the distance from bottom of the leaching facility to the maximum. groundwater elevation to be reduced to 2 . 7 feet in lieu of the required 4 . 00 feet. The applicant has submitted other variance . requests with respect to sideyard setbacks and similar situations that are the subject of a variance application previously submitted. However, those variance requests stem from the previously existing septic system and are not material to the relief requested herein. RELIEF SOUGHT. Pursuant to 3 . 10 CMR 15 . 20, Applicant seeks a variance from Regulation 15 . 13 ( 2 ) to reduce from 4 feet to 2 . 7 feet the distance between the bottom of the leaching facility to be repaired and the maximum groundwater elevation. ARGUMENT. Regulation 15 . 20 of the Code of Massachusetts Regulations specifically grants authority to the local Board of Health to grant a variance of any provisions of that title with respect to any particular case when the enforcement thereof would (i) do manifest injustice and ( ii) when the same degree of environmental protection can be achieved without strict application of the particular provision. The Board of Health mailed to the Applicant a notice to abate violation for a failed septic system in 1988 . The Applicant has applied to the Board of Health for all necessary permitting to allow for the upgrade and repair of the existing failed system. The topography and conditions specifically affecting Applicant's lot will require a reduction in the 4 foot distance required between the bottom of the leaching facility and the maximum groundwater elevation. The Applicant has, through its engineer, spent considerable time and expense to engineer a system that far exceeds the 2 foot minimum which is allowable under the regulations of the Department of Environmental Protection. The Applicant seeks a 1 . 3 foot variance rather than the maximum allowable variance of 2 feet. 1 r The Board of Health has within the past year granted much more extensive 2 foot variances to a number of other owners of dwellings in the immediate surrounding area (see attached Exhibit "A" ) . The variance requested by Applicant represents only 66% of the variance granted to similarly situated owners by the Board of Health in the past. To comply with the groundwater distance regulation as it currently exists would work a substantial hardship on the Applicant without a concomitant health benefit. Substantially more excavation and construction must take place to comply, including the construction of a 2 foot high concrete retaining wall around the entire septic system. The likelihood of potential damage to the lot or the dwelling and the potential increased maintenance costs are substantial . The Applicant respectfully submits to the Board that granting of a variance to Applicant will still provide the same degree of environmental 'protection. According to the attached article provided by the Board of Health, the 2 foot variances granted earlier by the Board provide approximately 65% of the bacterial protection that would be afforded by the existing regulations . However, the Applicant's proposed 2 . 6 sand filter will provide approximately 84% of the protection found in a 4 foot sand filter, an increase in effectiveness of 30% of the previously granted variances . The variance, if granted by the Board of Health, would also provide approximately 86% of the effectiveness provided in the required 4 foot sand filter. The Board should note that this proposal is a thousand fold more efficient and protective of the environment than the existing system which has been deemed failed by the Board of Health. The cost of complying with the existing regulation would entail many thousands of dollars and an extreme burden on the quiet use and enjoyment of the property to which Applicant has come to expect. The proposed variance request will provide almost 86% of the protection afforded by the existing regulation while working to remove a substantial hardship from the Applicant. WHEREFORE, the Applicant respectfully requests the Board to grant its request for a variance from regulation 15 .13 (2 ) . Respectfully submitted, Joseph W. Sullivan, Applicant By his attorney, Brian F. Garner Dated: October 3, 1989 2 EXHIBIT "A" 1. Ruth Hill, 56 Short Beach Road, approved 2 foot variance, October 14 , 1988 . 2 . William Maher, 65 Short Beach Road, approved 2 foot variance, October 14 , 1988 . 3 . Frank Wachter, 64 Short Beach Road, approved 2 foot variance, October 14 , 1988 . 4 . William McGrath, 59 Short Beach Road, approved 2 foot variance, October 14 , 1988 . 5 . Gerald Healy, 16 Short Beach Road, approved 2 foot vri.ance, December 22 , 1988 . 6 . Tellier, 55 Short Beach Road, approved 2 . 4 foot variance, October 14, 1988 7 . Tellier, 118 Short Beach Road approved 3 . 1 foot variance, October 14 , 1988 . 8 . Hines, 127 Short Beach Road, approved 3 . 1 foot variance, October 14, 1988 . F f Y "y : Bacterial retention in soils New perspectives, new recommendations Thomas C. Peterson Robert C. Ward t w•nler distrilmlio n systems to be limited by both file nutrient content within the A r• anstewnler and the competition forthose ��u�r,raci ' � •• nutrients by other orgnnivns. -� Monitoring groundwater for the presence of fecal colifornt bacteria trill remain Ilse (Tone end Moore (3) suggest•thot the primary method for determining potential groundwater con(amination bi• pn(hogrnic major reason for bacterial die-off in a organisms present in domestic wastewater discharged from of-site a ns/crrafrr trrofnu'nt foreign environment is file inabilit;v of the systems. I lrbltc health off rials assume Nrnt mrrrrobial comtamtina(Iorr of u•Nrr•by art-site• inl reduced m gnnisms to lower their mein• - urastetnatersystemtsisuncorrtn►onif4ft(120cat)of suitable snil exists britcerrrthrba.senfn bolic requiremi-nls in n situntion of lower leachrield and the high ulater table. Research suggests tho(this assumptiar►is incorrect f err nutrient nvnilnhilit}•. Within file soil rant- coarse-grnined soils. is'nteric bacteria are likely to he transported brynnd 4 ft(120(-ill)in rix, enteric bfivirrin ore subircted to a conrsesoils. TrrcduceurnlIrvin(rthi,clnablerm,prrlirninn►ysoilallal�:cis, illadditionto.rr ►►ufrienf-pour (cnrhon-limiled) environ- instead of(he soil percolation test, should be made. 77ircr should inclu►iepar(icle meal (18). -'"--T•-e:a and distribution analysis and possibly organic matter content analysis. Indigenous soil►nicrooi ganisnns,typically found nt soil particle surfaces,have a coin- petilive edge in this nutrient-poor envi • roninent. For.-tnleric bacteria to survive, icrobial life in domestic waste- posal systems►nnybenecessnrytoreduce they must be nble to tolernte abiotic t waters is varied and commonly bacterial, and possibly, viral trnnspnrl. stresses, to mnintnin their viability in the pathogenic. Health considers- The purposesof this poperareloreport absence of nutrients and to coexist with Lions dictate monitoring of water subject the results of bacterinl transport simuln- amlogonislic of gnnisms(13). Enteric bnc- ;. to contamination from these potentially lion studies,to suggest flint bacterinl con- terin flint survive in this "rigorous" en- pathogenic contaminants. The focus of tamnination of groundwater via on-site vironment have (he potential of being monitoring by public health officials is on wastewater treatment systems may be transported great distances. iviruses and pathogenic bacteria;the most very common in coarse-grained soils and Recent studies(10,11.16) indicnte(lint common microbiological wnstewater con- to recommend procedures which cony help sinrvinr bnelriin cony not only lower their stituents.If these organisms can find their reduce or alleviate the potential for ad- melabolic requirements, but also reduce way into groundwater supplies, then a ditional bacterial contamination. their volume or possibly fragment into potential health hazard does exist. smaller, viable cells called "dwarfs" or . Soil can be effective in retaining bac- Background "till rninicrocells." If starving enteric bac- teria and viruses contained in wastewater feria are subject to the same processes, discharged from an on-site wastewater tViruses found in domestic wastewater are then the probability of bncterinl retention treatment system(septic tnnk/leachfield/ a greater public health problem for humans wit hill n short distance of travel in soil is system). Straining and adsorption are than bacteria. The viral population is reduced. thought to be effective in limiting rnic- -much more likely to cause infectious dis- Whelher slnrving enteric bacteria are robial transport (5). Slrnining is thought rose flint)(lie bacterial population because subject to size reduction or frngn►entn(ion to be the primary factor in bacterial reten- the dose required to cause sickness(infec- in toil nssocinl ed with an on-site disposal .. tion (6), while adsorption is the primary tious dose)is much less(17).Sampling for ' sysletn has not been proven. Dwarfs will primary retention fnctor for viruses(5). viral contamination of waters is more ex- pass through slnndnrd water sampling Health officinis commonly assume flint pensive, more time-consuming rind less fillers, so their presence is more difficult if bacteria, which are much larger that reliable than sampling for bacterial con- to nssess. t viruses, are not being retained in the soil tanlintition. during transport, then the some might be Snnnpling for bncterinl conlaninnlion ►SiWU�iltlUlt results of viruses. Therefore, bacterial con- will continue to be the prinnnry method for tnrnination of water supplies is a good in. verifying the qunlity of the drinking water Tlir results of rompuler siomInlions re- n dication of viral contnininntion. supply,although recent researchsmggrsls trill. presenled by Peterson rind Word Recent research of the authors 08) mid that the results from bacterial sampling (18) suggest flint enteric bacteria mnv be .: information from the literature suggest may be unreliable (1,12,15). For these ironsported beyond ncceptnble limits (4 enteric bacteria may be Irnnsported greater reasons, bacterial retention in soils in the feet or 1.2 meters of unsaturated,suitable distances in.the soil thnn commonly as- focus of this paper. soil).Their resenrchwns limited to coarse- sumed. 'These results and associated in- Pathogenic enteric bacteria — Esther grnined soils lypicall'farad in the moun- formation suggest that new installation ichia, Salmonella, Shigella, fibrin, Yet- lains of Colorndo and did not nccount for procedures for on-site wastewater dis• sinia, Pseudontonas and S(nphylocncrus ally size reduction or fragmentation of are common conslilltents of waste- bnclrrin. writer entering till(] possibly Irm-ing oil. Initial bncterinl concenfrndons were Robert C. Word. PI.U., Itepnrlment of nrrirultural site w•nstewatersysletm. One might expel•( within the range of (hose flint might be and Chemical Engineering, Colorado State Unher• the variety, number end vinbility of the expected at the soil/lenchfirld trench in- city,Fort Collins.CO80523. organisms entering the soil from waste- terince— approximately 50,000 bacteria 196 -Journal of l;nvironmenlnl Ilenith Volume 61, Number 4 per cubic centimeter of soil bulk volume. Recommendations for must be careful when arbitrarily applying Utilizing a bacterial transport model the results of this research to field aitun- re regulatory revision Additional resenrch, under field coupled with a soil water flow model, g y clans. Peterson and Ward(18)ran simulations of A common practice in wastewater engi- conditions,is required before a direct car- a100-yearrninstonnonnhypotheticnloll- neering when bocterial retention cannot relation between depth of soil and bac- site wastewater leachfield located in coarse be obtained witldn the allocated soil depth terinl retention is justified. `soils. The coarse soils were classified as is to increase the depth. Historically, Ibis Analysis oftheliteroturenndtheresultn sandy and lonn►y sand based on their fins been nit arbitrary practice with little of the computer sinn►Intions presented in physical properties. A deterministic(con• scientific justification(21). this paper indicate thnt the percentage of start input) simulation was run to com- The results of the research, sum- fines (silt and clay particles able to pass pare the depth of bacterial transport Innrized earlier, suggest (lint an increase the U.S. Standard Sieve No. 200, with between the sandy and lonury snnd soils. insoil depth coil have an Important impact openings of U.U7�i nun) is very likely the The results (Figure 1) are whnt one on bacterial retention. For comparative major factor lending to bacterial reten- mightexpect.Loamysandsretninedn►ore purposes only, analyze the solid curve in Lion, whether by straining or adsorption. bacteria than sandy soils. The greatest Figure 2. An increase in soil depth from s,"fli y njo is very specific when he relative difference in bacteria) concert- 120 to 140 cm(an increase of 17 percent), says,"the major iuorgnnic particulates that trationswasU.23at60cro soil deptl►.13nsed produces computer simulation results nffect microbial events in soil are within on this simulation, no bacteria traveled which indicate that the probability of bac• the clny-sized fraction and consist pri- beyond 110 crn in lonrny sand soil, while terinl retention increases from 0.64 to mnrily of clay minerals and polymeric hyd- bacterial transport did exceed 120 cm soil 0.84 (nit Increase of 31 percent). roux oxides of mainly Fe(3+), AI(3+) depth in sandy soils. Soil depth is a important factor,butone and hIn(4+)." The relative concentration in hnlh cnses was amnll- The irnporlm►t point to note is that the presence of fine-grained pnrlicles in the loamy sand reduced bacterial trans- Figure 1 port environment is n�complex eco- Comparison of relative baclorial concenhr►lion versus drplh for loamy The soiliro a complex system de sand(solid lino)and sandy soil(dashed line)at the EPA dosign System. lea terministically produces results that Inny percolation rates have limited value. Modeling bacterial transport stochastically(will,variable in- 10 puts) accounts for some of the vnrinbilily 0.0 +on r[An srnuM u►herentin the soil ecosystem.The results cloi-50000 of stochastic modeling of bacterial trnn•s• 0.0 r-r:o tin port in soil are expressed as probabilities 0.7 rather than specific bacterial concentra- o 0.e lions. u 0.e Simulations were performed to indicate u 0.4 the relative importance of bacterial ad- 0.3 sorption/straining and die-off on the max- 0.31 imum depth of bacterial transport(Figure 0.1 2). ',rhe results allow the importance of 0.0 - - •-► ' both die-off and adsorption/straining to o 20 40 so on 100 120 140 1e0 bacterial transport DEP1H(CM) The probability of l,aclerin reaching 120 cm (4 ft) in 168 It when die-off rind nd- sorption/straining are taken into con- sideration is 0.35 (solid curve). If the soil Figure 2 water temperature were very low, thusCum+ilaGvo fromienry d;,10m,licns showing maxirnurn depth of bac- ini►ioiting bacterial activity and die-off, terial transport whon rill prirnmeters nre included(solid line);when the the probability of reaching 120 cut(4 It)Is dio-oll coefficient- (dolled line),and whop tho die-oil adsorption/ 0.64 (dotted curve). sualning •0(chain-dot line) If adsorption,straining and die-off were not factors, such as (night be the case in 100 t very cold; coarse grained soils, then tile-0 i probability of reaching 120 cm (4 It) is YEAn Sns •SAND e -+oe nouuns 0.88(chain-dot curve).Dispersion accounts w ro C-60000 I for the 0.12 difference from plug flow v so j conditions. � The results of this invest igntion supp•est 60 W that enteric bacteria eventually will be. 4O" transported beyond 12U cm(4 ft) of suit- ¢ 30 able soil depth in coarse-grained soils.With 20 these results in mind, it is sugpested tint 10 1 /' existing regulations for designing on-site - -- o • . ' ; wastewater treatment systems mny need o so ; 4n an (CM) r MAXIMUM DEPTHion +:o +40 +oo to be revised to account for bacterial trans- port in these coarse-grained soils. March/April 1989 Journal of Environmental Health 197 Loamy sands have a higher tlercentrivs- liL•:: teat el►vuid be repinced'by or nmen- A suggested procedure for estiminting of fines than sands. Results reported in ded with particle size analysis and possibly the bacteria)relenlion cnpnbility of a soil Peterson arid Ward(18) indicate that the organic matter content mmnlysis. using n method based on soil particle probability of bacterial retention within The percolation test indicates the rate minlysis is the Busch-Luckner (2) equn- 120 con (4 fl) soil depth is 0.64 for loamy water Is accepted by the soil. It provides lion relerencpd in Matthess and 1'ek- -sand and 0.62 for sand.'I'his is an increase no indication of either microbial or cheomi- deggei (1.11. Ilusch and Luckner(2)define In retention probability of 23 percent coo) retention. Microbial and chemical re• security value.S,which can lie used for(lie when a soil with additional fines Is used. tention by soil are primarily functions of determination of mechnnicnl filtering cri- As with soil depth,these results cnrinot be soil mineralogy rind surface nren and or terin for soil relent ion of bncterin. The ' transferred directly to field conditions. gnnic matter content. Because organic value of S most be grenler than 1.5 to limit Until new quantitative procedures are nnatter may be assumed more transient bncterin Irimsporl. available, temporary modifications or re- than soil pnrticles,its use cony be Mailed. The equal ion is basically n rotio of the visions of existing regulations may be Clay-sized particles, clny minerals arid- diamle(cr of the tntnoorgnmisms of interest necessary. 'Die commonly used percola organic matter retain bacteria. to the diameter of the soil pnrlicle size Willi 10 percent finer— Ill percent of 1 he particles a p smaller than this specific dimneler. This equnlion is analogous to.* the coefficipnl of uniforrnify used in geo- Table 1 1pchnicnl enl inpening.The liusch-Luckner, equation with parameters defined is: Relationship between grain size and critical pore size .9= Idrrn/(I-s'dk)I> 1.5 IiI [Alter Matthess and Pekdeger(14)) where d111=dinnrelprofmicmorgnnismlLl SOIL GRAIN SIZE(mm) F� •dk (um) Fs= empirical transit factor— nunnerically 6 is used; this fnclor Fine silt 0.002 0.006 0.72 nccorinls for the heterogeneity of Medium silt 0.006.0.020 2.4 the poaous nrcdin Coarse silt 0.02-0.06 7_2 dk= hydrnolic e(lmivalenl dimneler Fine sand 0.06 0.20 ,.-.. ... 24.0 of porous merlin.dk rouals 0.2$d :.._. -•_Mc,.a��io sand ---•- • -• • 0.2-0.6 72.0 (grain size Willi lU`Tr finer ILI) Coarse sand 0.6-2.0 240.0 When the crif icnl pore size values(Table Fine gravel 2.0.6.3 720.0 1) and the size of n typical bacterium Medium gravel 6.3-20.0 2400.0 (0.001 moo lire used in evolunting the Coarse gravel . 20.0-63.0 7200.0 Busch-Luckner equnlion, the result indi- cafes no bnclerial retention by the various soil 11'pes. The limiting pore dimneler for coarse sill is 0.0072 tam. Ilecnuse natural soils Figure 3 nre not uniform in pnrtirle sizes, lissome Comparlson of grain siza„porn slro and nilcroblal size flood n cpr trim Ipri centoge of l Ile Rolls lasted (Altar Mallhoss rind f'okdogor(14)1 in 'I'nhlp I %%ill ruIoin hnclrrin. A com- linrisori of 11,111in size is lot ovided in figure 3. >400Nm 4OOpm-12,um ]'a utilize the Busch-Luckner equation, dk-Grave/ dk-Sand 12,um-0.41irn srvernl dilferenl soils must be tested under -- •— dk-Sill field conditions. This procedure can pro- . vide all esl itiml ion of bacterial removal by 100-10vm mechnnicnl filtrnlion in soil and a subjec- Protozoa live feeling for the soil adsorption poten- Fungi -0,2Nm tint— if that is n factor. SNm Bacteria Another empirical nppronch, requiring �500-200nm more extensive initial research, is a retar- Rickellsroe dation factor, commonly used in solute Cldomydioe transport e(pirid ins. A retardation factor 250-20nm indicates the relnlive velocity of writer Viruses Ilow to (lint of bacteria. Retardation is a • 10-1nm defined as: Mocro- Molecules It= vW/vb= 1 -I- (p/0) Ka Iiil lnm where: Large Pores Medium Pores Fine Pores Molec ules vw= soil wool er secpnge velocity I I"I'll Sand 70% 15% 15% v1r= Wrlprini lrnnsporl velocity L'I`. 3J% 33% Atoms p= soil bulk densily INN L-31 Loom 33 / 0 soil enter content IL, 1:3I X7mm fmm O.lmm O.O1mm0.001mm 1(a= soil pnrtitiomcoefficientIL3NI-11 - 100Nm •. I(JNm 1N,m 'floe soil partition coefficient is a rnensure 11000rrn VOnm Vrom inrn Wpm 1Upm of the pnrlilivning of the bacteria between (he soil wafer and the soil particle sur- faces. 'Flee numericnl value of this coeffi- 198 Journal of Environmental health Volume 5 t, Number 4 cient indicates the degree of strnioing or adsorption of bnclerin on Roil prolicleR Itesrmch %voold iodicrle whether the adsorption— a higher value indicnlive of and organic matter. Straining of baclerin percentnge of lines is egmnl in importance greater retention at particle surfnceR. is not included. to n uniformity cor(f iciest. Most likely the It is known that when hydrophobic 'I'o nccount for slrnining, n srultiplicn- percenlage of liars is mare imrporinnt,Ile- solutes are Introduced into soils,thearnount Live factor to the soil partition coefficient cause it is possible to have n well-graded of solute that disappears from solution in equations (iij or(iiij call be estimnted. conrse soil with few clny-sized particles. often correlates with the amount oforp,nnie As indicated earlier, strniningofbnclerin After accounting for pnrtitioning due to matter• in the soil rnaterinl (4). It also is is a function of the percentage of fine- ndsorlrtion, the percentnge of fines, amd understood that the partition coefficient sized pnrticles.Strniningisnlsonfunction the pnrticle size distribution, the final for organic solutes is a function oft lie soil- of the pnrticle size distribution. Large- retnrdnlion equntiun is: water partition coefficient and the frac- sized particles mixed with small-sized It=vw/vb=1 I (p/lgl(a(a•°Irfures)(b'(� tional mass of organic carbon(9,19), pnl"tides can be an effective retentive A soil pnrtition coefficient which is n nrnterinl. where function of both soil particle size and The soil pnrtilion coefficient and- Cu= uniformity coefficient (v( organic matter content cnn be deter- tiplicative factor can be based on either a= fine-grain weighting fnclor mined. The partition coefficients for-silt- the percentage of fines, the pnrticle size b= uniformity weighting factor and clay-sized particles and orgrinic matter distribution, or n combination of both. Ali exnmpleof tile useof this equntionis can beestirnnled using procedures Rimilar Itetnrdnlion in bacteria) movement in- given with the following hypothetical ex- to those presented in Hendricks et nl. (7) crenses nR the percentage of fine-sized ample. A hypul he(ical soil has a bulk dell. or with data existing in the literature. particles increnses. silt'of 1.55 and saturnted writer content is, An estimate of the relntive contribution 'I'o account for pnrticle size distribu- 0.34. 7'he soil pnrtilion coefficient is 1.0. of ench fraction to the soil pnrtilion coeffi- (ion, n form of the uniformity coefficient The percentage of fisrs is 40 percent and cient, Ka, is made by soil pnrticle and (8) cnn be utilized: the coctficicnl of unilornrily is 10. The organic matter content analysis.The con- Cu= d6U/d1U (iv( fine-groin wrighl ing fnclor and the unifor- tributions of each could be summed in the where mity weighting factor are 1.0 and 0.2, following form: 4U = grain dinmeter(in nun) corres- respectively. ponding to 6U% passing by weight For these pnnuneler values, the retar- Ka= (i ka fi (iii( dl0- grain dinmeter(in nun) corres- dntion fnctor is 369.-hoidying that the soil where ponding to 10% passing by weight water seepage velocity is 369 limes lint of ka=partition coefficient for each grain dl U menns that I U percent of the panicles the bacterial transport velocity.If the soil size ororgruuc matter fraction 10NI-11 are smaller than the diameter dIU. A is drier, such as 0.15, then the velocity i= size or organic matter fraction uniform, poorly graded soil has n very low ration is 825. 'I•hese retnrdntion values ' fl= fraction of the total mass presen- value, while a very well graded soil nrny indicnle whether 1 he pnrticulor soil is nde- ted by.component i hnve a value of 15 or above (Figure 4) quale to retain bnclerin long enough for Note that this procedure applies to (8). their to die-off. The assumption in this Figure 4 Typical particlo size dishibution (Alter Holtz and Kovacs(e)1 Sieve analysis " IU.S.Standard sieve) 3 a No. 200 100 40 10 4 s in. A in. 3 in. 100 0 Uniform 20 _ 80 -- ---- -i -- - --- C r 'v r —I N N N ` M c E 60 - - —t .— — — --- -- -- -- 40 o E 0 " o 1- - - -- -- -- 60 d 3 c T- 40 ---- Well graded v � a Gap graded 20 —r - — - -- — -- ---- - — 80 a 0 J 100 0.001 0.01- 0.1 1 % 10 100 Grain diameter (mm) hlarclr/April 1989 Journal of EAwiromrnental lienllh 199 I v. I' ~, hypothetical situation is that bacteria are Iterrrenerm Microhinl Spc,irs or 1'olentinl flee in (;rne 1. Iliesotmrur, c K: J..1. .1�±..L: C.A. MrFe!rre F.orinerrino Apt F'nnrnn Afirrnhint. 44:i adequately retained. ii particle Size and organic nintler nnnly end U.(:.Stunt(1916).In flu core nf Enrironrncn- 714. Inl Site-to on Fnumrretion of Indirnlrrr Ilmfrrin 14. Alnllhrrs, G. and A. Vekdrftr'r 1191115). Sun•it i sis indicate limited relnrdn(ion, then two from Nnlurnl%%:'lem App.Alit rnhinl 29:IRn-1111. rind'iisimlrnl III l•nlhngrnicnncterinnndViru- I�I additional procedures cnn be considered. 2. Hoech.K.F.mod Luckner(19741,Groltydroulik, in I:tn,mthtnlrr. In:G,ound Writer?unhfe. C. A Inrge volume of soil cnn be removed and 2nd Fit. Enke.Slullgnri. 1Pnrd,W.(:icrr,find P.I.McCerly(ede.),J.Wit "homogeneously mixed"to provide n grenter a• Client,S.It.end J.A.Moore 1191141.Ilnrlerinl Put- find Sons,NY.pp.472.1R2. It lut)on of Groundweler,A Review. Water Air,Sad 1A. MrVrU•re,G.A..S C.Cnnrrnm fmrl N1.IV.LeCh, depth for bacterial releillioo nod (lie-off. Ibllut.22:n7•R1, ri111r•r WIWI). 1n11nn rrr of DIIIIente. hIrdin, ei l' The addition of fllles to the Roll Illix(ilre 4. 1),mil nit. U.A. and ICl:. l•rlfht'(HIS11. lirlhnnl• Mimi,rforr r'ihrnonllNrrlionof lujutrtl ll'ntr ` inny accomplish the smile objective.Eilber Ing Adomittloo fir I'ul)ncllc Alonrndc•Ilydrocnr• bane(•outran nnclerin.App.Ent•irnn.Ahcrnhn bone on Solle,,Snit,Sri. 117:2.2.19R. 43:9 7•l u:l, activity should be considered n short-term fi, Grrhm, C.P., C. ICelli•, nnd.I.L. Nlrhnik(19i51, 16. Motif If.It.1'.119P21.Slnrcntion-Sun•irnlnfIIrlr solution until further research can provide� l irov Fele of 11'ns1ewntrr Hnrlerlm find l'intere lit Soil. olrophs in 1hr Ntmiur F;ncirunmenl. Adv. Ali definitive answers. ASCE,l. Irrig Drain /lit•. fill 1111:11:157.1 id. rnbi,d lien(.(i:l 1199. - 1; 0. IlnRedont,l'..F;.I,.McCny,entl'I'.N1.Knhr119R1), li. Olitirti. V.P. 119A:11. Ilrsrnrrh Nerde: Ilentl Volenilnl for Croutrd Water Cowntninnfion rrum bnpfirnlinns of Ilnctrrin and Peteewiles in Sc :11t septic Tmnk Vfflurnl.m.J. Ertl imn. Qual. 10A.R. Al/sotplino of Witmrwnier. III: 11or. 1V.SF II'orl ' SU111111tuy 7. Irendrick+, h.1V., F.J. him, find I),II. Klmirmir OmpnnlrrsrnrrhlVred.�lrrinri,t,�rn.�mlilhcnrpfin (IMP),Athorpllrrno111nclerin fin Solle,11'afrrAir of II'n.bnnn•r. Fort Collins, CO, 11 C. Wrtrd mt Resulls from recent resenrch hidicnte(lint' coif/'nlhtt. 12:219.2:12. S.M.Morrison led-0.Nni.Sri.Foundnliorr,R•nel bacteria are transported p,,renterdistnnces B. IInlI:,It.U.endW.p.Ko%nre119RMAtohirtmitrr- DC.Igi.7a 102. than originally thought in coarse-grained (inn to Grnirchnirnl Engineering. Prentice•Ilnll, IR. Petetcon. T.C. and K.C. Ward 09R7), linclerii 11 Inc.,FnR!e,%ood Cliffs,N.J. 1?rnrsport in(nurse Soile Ilrornth Oil Site Wnch ,. soils. The results indicate Ihnt 4 feet(1.2 9, Kerlckhoff. S.W., D.S. flrotrn, rind T.A. Scult wnlrr lrrrilomil Scslrim.(binrndn,Sintr t real m) of suitable soil is not adet ante to ire I I (19791, Sorptlon of Ilcdmphohic Pollufnols on F.',p Slafmit 1'rrh hull. No. 'I'1187.4:Color ntl vent enteric hncterin from renching solur- Nnlnlnl Srditnrnte 11'an'r Nrs. I:1:'I.11 21R. Slnlr Univ..Foil Coflim.CO. ' nted soils beneath on-site wastewater 19. It-,y, W.f1 mid It.A C611in 119R5), Mofr;hiq n IenCI1fIQIds. 1lonlnducrdF.Ilrrleon11nc1rrinlSurferrl'hnrnr (hpmirG.lieulsinlCnlcrSnhnnledsoilMntrtinl! Ierloice.Appl Entimn. Afrrrrrhinl 4111:497 5111. Iinlirun Grul Il'otrr.Gi. 7:211.247. Existing reguffrlions for assessing the 11. Klrlirherr,S..RA.Ilumphrry.mod KC.Mnrnhnl) 20, Slolrkr, I: WIP(;I. Innurore or Soil Mincrn suitability of SUIT for on-site wnslewnter (19R:11.IniNn11'hnesenlSlnrcntinnnndAtllrilyo( I'olbrids nu Mrinbnlir 1'rocrsare,(;rnwlh,Adhe 1 systems, therefore, need (o be revised or Ilnctrrin Al Surfecetr.App. Environ. Alicrnhtol, e!on, nod if Nlirrobee rind Viruer•. It, replaced. Particle size and distributi011 4n:97q.nRl, f /rnrrnrli.fir•nJ,�'nilAflnrrnlstrlrhNrrlurnit)rgngir 12. LrChrtellier, M.W. nod (I.A. NlfFrlere IIJR51, nndAl)rr,dws P.M.IIIInnrrind NI.Srl,nilzer(rd?.l analysis alid orgaiilc Ilin(ter coiitelitalinl)•• Interaction•Ilefween Ilclerolrophlr 1'Inte(bunt Spec.I'nh.01 i.Soil ScL Soc.Am.,Medkon,WI i'. sis provide better hifornintion regnrding lincterim mild('oliform Ortinnisms.Appl.Ent•iran. fill.105.42R. I!; bacterial retention in soil than methods Altrrob of. 49:1.138-1141. 21. 11'inorbrrro. .1.11.T. (19911, .Scptir•7nnk .Sts ill 11. I.ImnR, I.N.,P. Sinclair• I.M. Mnllm', find NI. trrns. V01. 1..Snhsurfore lli,posol of crpfie•7•nn) Alr -n.+_±11g_), rate!n niudrl F.cmydeutn u t. presently used. ❑ ( E.'Jf lunlr N r , ❑Urm-m :.-th Pub.Vo on,91A. I� 9 I on cease Performance of Septic Leachfieldr or Stormwater Managenm�itSys mis ' You can expect better results and greater design flexibility In P 9 g y '�' ;A septic leachfiefd or slornlwater Infiltration system that uses the �t;� •;,� i��,: 7 �y,.,r,�� Infiltrator engineered syslern. 5�~.. ;t• t• ' l r \ r High density molded polymer chamber, impervious to Sall At acid, sewage, chemicals and sunlight, easily rneels H-10 �_ e Ft p.. ,rn- I 'P�; j1+ or H-20 loading. ( M ` • Each unit, 76 ' x 34 x 15 (high c pacify)or 76" x 3d" x 12" standard otters lar (lienter storage capacity and a ) pox imately 500/b more infiltrative surface area than found in ,,,.•. �` ":•'' traditional systems. Inspection is quicker and easier to perform, and there's no worry over dirty gravel and gravel compaction. •i .:i:•. •ay t� . Call or write for free brochure. f�•' '.`-=''� '±`' /" PO SYSTEMS INC. -/;����••� ,�• _y,; . : ,�y���/� k 123 Elin Street • Suite 12 • Old Saybrook,CT 06475 - I''C,•�,1�1{1f f�'1•n`l(. A f'� ; ' Y T 203-333-6639 Fax: 203-308-6010 . . f ' 200 Journal of l:nvirunnlenlnl ltenith Vulume 5t, Number r r Exhibit "E" �P��F7HEp0�y TOWN OF BARNSTABLE OFFICE OF 2 • i BAn AGSBLE MA88. : BOARD OF HEALTH ,�i oo10�"O 39. s' 367 MAIN STREET j MAR HYANNIS, MASS. 02601 j October 30, 1989 Thomas McClelland I Down Cape Engineering Company, Inc. Route 6A Yarmouthport, MA 02675 Dear Mr. McClelland: Your request for multiple variances from Title 5 of the State Environmental Code, to install an onsite sewage disposal system, on behalf of your client, Joseph Sullivan., at 130 Short Beach Road, Centerville is not granted. The proposed bottom of the leaching fields were designed to be constructed where the maximum observed groundwater elevation would be only 2.6 feet below the bottom of the leaching facility. However, the minimum separation distance required under Regulation 15.153 (3) The State Environmental Code Title 5: Minimum Requirements for the Subsurface Disposal of Sanitary Sewage is four (4) feet. You are reminded that the variances may be granted only when in the opinion of the Board, (1) the enforcement thereof would do manifest injustice, and (2) the applicant has proven that the same degree of environmental protection (required under this Title) can be achieved without strict application of the particular provision. You did not show manifest injustice, and you did not prove that the same degree of environmental protection can be achieved with your design. The Board is of the opinion that granting the variance you requested would violate the i intent of the minimum requirements. Sincerely yours, rover C. M. Farrish, M.D. Chairman Ann Jan Eshbaugh James H. Croce , Sr. BOARD OF HEALT TOWN OF BARNSTABLE GF/bs copy: Attorney Brian Garner l (TO PLAINTIFF'S ATTORNEY: PLEASE CIRCLE TYPE OF ACTION INVOLVED: CONTRACT TORT MOTOR VEHICLE TORT EQUITABLE RELIEF \` OTHER) Towntonturaltil of fflawntirlittorttli BARNSTABLE, ss. SUPERIOR COURT No. 89-1492 A UE COPY ATTEST PUTY HEREFF BRIAN LADNER VS. GROVER C. M. FARRISH, M.D. , Chairman, et al as they are members of the BOARD OF HEALTH of the TOWN OF BARNSTABLE SUMMONS To the above-named defendant James H. Crocker, Sr. , 1O .David Street, Osterville, MA You are hereby summoned and required to serve upon ........................................:.................................. Brian F. Garner .......... .............................I..... ................... .. plaintiff's attorney, whose address is TERRY, DUNNING & TERRY, P. 0. Box 560, Mashpee, MA 02649 , an answer to the ............................................................................................ ............................................................ complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk of this court at Barnstable either before service upon plaintiff's attorney or within a reasonable time thereafter. Unless otherwise provided by Rule 13(a), your answer must state as a counterclaim any claim which you may have against the plaintiff which arises.out of the transaction or occurrence that is the subject matter of the plaintiff's claim or you will thereafter be barred from making such claim in any other action. Witness,ROBERT L.STEADMAN, Esquire, at Barnstable, the ..... twenty—.ninth. .. .. . .................................. day of November......................... in the year of our Lord one thousand nine hundred and eighty—nine. Vt - Clerk NOTE: When more than one defendant is involved, the names of all defendants shall appear in the caption. if a separate summons is issued for each defendant, each should be addressed to the particular defendant. You Tieed riot it :) :r p_rsonally i s cr,u.rt u, .'1 l,i`:i, s t ... C :. ;?iFl 'ti t)iit if you claim to lmv a d ii iis,' ci`ie CL or ',' 4r aiiori"E ts, a .^C I, i S..'i W:' )\ :il aa' \ I ii0 ;?ilS\ ,l �\it�Il❑ �:�ieii, and also hi �i _� � �,j�. '�'1 '`• = d A Commonwealth of Massachusetts Barnstable, ss. Superior Court L No. iy BRIAN LADNER, ) a. Plaintiff, V. ) COMPLAINT (APPEAL OF THE DECISION OF THE m` BOARD OF HEALTH PURSUANT GROVER C. M. FARRISH, M.D. , ) TO M.G.L. c . 30A § _4_ , - Chairman, ANN JANE ESHBAUGH A s•` and JAMES H. CROCKER, SR. , ) as they are members of ) the BOARD OF HEALTH of � the TOWN OF BARNSTABLE, ) h : Defendant. ) t STATEMENT OF CASE t This is an appeal of the decision of the Board of Health for the Town of Barnstable (hereinafter called the "Board" ) denying a � - ' F request for variance submitted pursuant to provisions of 310 CMR 15.20 to allow the ' distance from the bottom of a leaching ¢, facility to the maximum groundwater elevation to be reduced for 2.7 feet in lieu of the required 4 . 0 feet by the Plaintiff , Brian Ladner (hereinafter called "Ladner" ) . M1 ; PARTIES 4 1. The , Plaintiff is Brian Ladner of 56 Brunell Drive, j t � . Holden, MA. , 2 . The Defendants are Grover C. M. Farrish, M.D. , 65 Camp Street, Hyannis, MA, Ann Jane Eshbaugh, P. 0. Box 514, Off Currye k# s Y: I Lane, Osterville, MA and James H. Crocker, Sr. , 10 David Street, Osterville, MA, as they constitute the members of the Board of Health for the Town of Barnstable. G, 3 . The Town of Barnstable Board of Health has its principal Q� place of business at 367 Main Street, Hyannis, Barnstable County, ;. �E MA. ^ FACTS ; 4 . Ladner is the owner of residential property located . at 130 Short Beach Road, (Centerville) , Barnstable, MA, as further described by a copy of Barnstable Assessor's Map 206 Lot 047 attached hereto and incorporated herein by reference as Exhibit x� 5. On or about September 15, 1987, the Board, through its 4y.' director of public health, a certified letter to Ladner indicating that the sewage system on his premises was "inadequate and is in all probability contributing to the pollution of the river" , a copy of that letter attached hereto and incorporated herein by reference as Exhibit "B" . 6 . Said letter further indicated that voluntary compliance was requested. 7 . Said letter further indicated that official action had not been taken but would be taken if cooperation by Ladner was not received by the Board. 4v-'. 8. On or about August 30, 1989, the civil engineering firm , of Down Cape Engineering submitted an engineering plan for a new septic system and a request for variance to the Board; a copy of �r7 .. 2 ,a` said letter attached hereto and incorporated herein by reference as Exhibit "C" . 9 . The variance request by Ladner was to allow a 2 foot 7 inch sand filter between the leaching facility and the adjusted groundwater table. 10 . Ladner submitted a brief to the Board explaining why the variance should be granted; said brief contained evidence that the Board had granted seven (7 ) abutter's greater variance relief than that requested by Ladner within the past year. A copy of said brief . is attached hereto and incorporated herein by reference as Exhibit "B" . 11. The memorandum submitted by Ladner provided substantial evidence that the enforcement of the code of Massachusetts Regulations relating to septic systems installations , if enforced, would do manifest injustice, and that the plans submitted by Ladner would provide the same degree of environmental protection that would be provided without strict application of 310 CMR 15 . 153(3) . 12 . After hearing the matter on October 3 and October 24, 1989 , the Board issued a written decision on October 30, 1989 , denying the variance request of Ladner, a copy of said letter attached hereto and incorporated herein by reference as Exhibit 11 Ell . CAUSE OF ACTION 13 . Ladner contends that the October 30, 1989,'-decision of the Board denying his request for a variance has prejudiced the substantial rights of Ladner because the Board's decision is in 3 error based upon each and every one of the following reasons: a) In excess of the statutory authority or jurisdiction of the Board; b) Made upon unlawful procedure; c) Unsupported by substantial evidence; d) Arbitrary, capricious and unreasonable. WHEREFORE, the Plaintiff requests : 1. That this Honorable Court modify the decision of the Board to grant the variance request sought by Plaintiff. 2. That this Honorable Court order the entry of Judgment that the decision of the Board is in excess of its authority and jurisdiction , made upon unlawful procedure, unsupported by substantial evidence, is arbitrary or capricious and that said decision is , therefore, set aside. 3. That this Hcnorable Court order the grant of the variance relief as requested. 4 . That this Honorable Court order such other and further relief as it deems appropriate and just. 5 . That this Honorable Court award the Plaintiff his costs and expenses including reasonable attorney' s fees in prosecuting this action. Respectfully submitted, Plaintiff, Brian F. Garner TERRY, DUNNING & TERRY P. 0. Box 560 Mashpee, MA 02649 (508) 477-6500 BBO # 547530 DATED:. November 29, 1989 k . 4 Exhibit "A" Q,. ) O a a a♦ � M I � � 0 \ •. • h I FF n `r ;=�1 � .. • ` � I Mom•• � ;� � •0 � t V /�1\ I • �� o� :\ on a � � � P ti 10 w 1 � 41 di'Cq 0 N M 0 o Z on /<�, �� N +`�t �• J gyp• ^ < 06 N�,• 0 6 ,� N © N„ THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) I A m /���C&E DATA V Q N U ,N O y O N W U N Exhibit "B" c t, c ny 3 v.6w m0 s a TOWN OF BARNSTABLE =o ��P� ♦" ^ � OFFICE OF BARISTAMM > NAM& BOARD OF HEALTH 00 1639. 0 M. 367 MAIN STREET HYANNIS, MASS. o28ot Brian. & Ronald Ladner October 8, 1987 56 Brunne Road Holden, MA. 01520 Re: Your property in the Centerville River Area. Assessors Map 206 and Lot No. 047 Dear Sirs : -t The Board of Health recently conducted a sanitary survey of the properties near the Centerville River. The Health Department personnel conducting the survey were of the opinion that your present onsite sewage system near the Centerville River is inadequate and is in all probability contributing to the pollution of the River. We are requesting your cooperation in upgrading your onsite { } `fi sewage system. Please have a professional engineer submit plans for this upgrading within 30 days of receipt of this ag I}}a o `:°� #. notice. We would appreciate voluntary compliance, if oa .(t� g . t possible. We will, however, take official action if "W �+ �: voluntary compliance and cooperation is not received. nt ` �1ji,1`` Please advihe us of your intentions, in writing, in this 5 matter so vital to the environment you live in. :., pom lrti U f� Please contact the Coastal Health Resource Coordinator, N ` ''". Dale L. Sand. telephone 775-1120 ext. 182, if you have any H� v Yqr, questions . 3 4j ;4j Very truly yours, 'o� in Kelly Y°;. irector of M lic Health ° ° `1pq, JMK/ds Mi. v f irO ( � � . f. {!1 ae t M 4 G Exhibit "Cn z., . . fi41 362.4541 r f 939 main street rt 6d yormouth port L mess 02615 do w17 cap a ea iaeeria } iJ civil engineers b lend surveyors structural Resign August 30, 1989 AmeK01als P.E.,R.L.s : lend court Rlcherd R.Falrbank P.E aurveve Thomas McKean : Barnstable Health Agent r : Barnstable Board of Health site ptsnning South Street Hyannis, MA 02601 _ E sewage system RE: Joseph Sullivan, 130 Short Beach Road, Centerville designs Brian Ladner, 137 Short Beach Road, Centerville Dear Tom: '. inspections Enclosed please find two copies of the revised septic upgrade plans prepared for the above referenced permits properties. The revised plans propose a 217" sand filter between the leaching facility and the adjusted groudwater table. According to an article published in the J March/April 1989 Journal of Health, written by Thomas C. Peterson and Robert C. Ward entitled "Bacterial Retention in Soils, New Perspectives, New Recommendations* this 2170 sand filter will retain approximately 84% of the initial J; bacterial concentrations found at the soil/leach field interface. .i In order to obtain a larger sand filter, I believe some sort of a retaining wall will be required to prevent breakout. I feel these proposed systems are such a substantial improvement over the existing systems that these variances should be considered. If you have any questions, please call me at 362-4541 . Sincerely, Thomas McLellan , Down Cape Engineering, Inc. TJM/amp/2TJMLIOI Encl . ;. cc: Joseph Sullivan - Brian Ladner Brian Garner Exhibit "D" et Brief Barnstable Board of Health ,. Request for Variance on Vertical Separation g�A "Groundwater to Bottom of Leaching Facility" k q FACTS . The Applicant is the owner of a dwelling located at 137 Short Beach Road, Centerville, MA, shown on Assessors Map 206 ` Parcel 047 . Applicant had earlier received a notice to abate , violation (310 CMR 15 . 00) for a failed septic system. The ?`N Applicant has applied for a disposal works construction permit and the Board has determined that a variance from the Barnstable Board of Health regulations would be necessary. The variance relief requested is from Regulation 15 . 13 ( 2 ) to allow the distance from bottom of the leaching facility to the maximum groundwater elevation to be reduced to 2 . 7 feet in lieu of the required 4 . 00 feet. The applicant has submitted other variance requests with respect and similar situations t to side and setbacks q P Y that are the subject of a variance application previously submitted. However, those variance requests stem from the previously existing septic system and are not material to the relief requested herein. ,k RELIEF SOUGHT. Pursuant to 3 . 10 CMR 15 . 20, Applicant seeks `' a variance from Regulation 15 . 13 ( 2 ) to reduce from 4 feet to 2 . 7 feet the distance between the bottom of the leaching facility to be repaired and the maximum groundwater elevation. bN ARGUMENT. Regulation 15 . 20 of the Code of Massachusetts Regulations specifically grants authority to the local Board of Health to grant a variance of any provisions of that title with , respect to any particular case when the enforcement thereof would (i) do manifest injustice and ( ii) when the same degree of emu: environmental protection can be achieved without strict , application of the particular provision. ' a r F_ The Board of Health mailed to the Applicant a notice to abate violation for a failed septic system in 1988 . The Applicant has applied' to the Board of Health for all necessary permitting to allow for the upgrade and repair of the existing failed system. The topography and conditions specifically affecting Applicant's lot will require a reduction in the 4 foot J� distance required between the bottom of the leaching facility and the maximum groundwater elevation. The Applicant has, through its engineer, spent considerable time and expense to engineer a iJ system that far exceeds the 2 foot minimum which is allowable ` under the regulations of the Department of Environmental '>x, Protection. The Applicant seeks a 1 . 3 foot variance rather than the maximum allowable variance of 2 feet. The Board of Health has within the past year granted much more extensive 2 foot variances to a number of other owners 'of dwellings in the immediate surrounding area (see attached Exhibit "A" ) . The variance requested by Applicant represents only 66% of the variance granted to similarly situated owners by the Board of Health in the past. To comply with the groundwater distance regulation as it currently exists would work a substantial hardship on the Applicant without a concomitant health benefit. Substantially more excavation and construction must take place to comply, including the construction of a 2 foot high concrete retaining wall around the entire septic system. The likelihood of potential damage to the lot or the dwelling and the potential increased maintenance costs are substantial . The Applicant respectfully submits to the Board that granting of a variance to Applicant will still provide the same degree of environmental protection. According to the attached articl@ provided by the Board of Health, the 2 foot variances granted earlier by the Board provide approximately 65% of the bacterial protection that would be afforded by the existing regulations . However, the Applicant 's proposed 2 . 6 sand filter will provide approximately 84% of the protection found in a 4 foot sand filter, an increase in effectiveness of 30% of the previously granted variances . The variance, if granted by the Board of Health, would also provide approximately 86% of the effectiveness provided in the required 4 foot sand filter. The Board should note that this proposal is a thousand fold more efficient and protective of the environment than the existing system which has been deemed failed by the Board of Health. The cost of complying with the existing regulation would entail many thousands of dollars and an extreme burden on the quiet use and enjoyment of the property to which Applicant has come to expect. The proposed variance request will provide almost 86% of the protection afforded by the existing regulation while working to remove a substantial hardship from the Applicant. WHEREFORE, the Applicant respectfully requests the Board to grant its request for a variance from regulation 15 . 13 ( 2) . Respectfully submitted, Brian R. Ladner, Applicant By his attorney, Brian F. Garner Dated: October 3, 1989 2 EXHIBIT "A" 1. Ruth Hill, 56 Short Beach Road, approved 2 foot variance, October 14 , 1988 . . r 2 . William Maher, 65 Short Beach Road, approved 2 foot variance, October 14, 1988. `' 3 . Frank Wachter, 64 Short Beach Road, ' approved 2 foot variance, October 14, 1988 . 4 . William McGrath, 59 Short Beach Road, approved 2 foot variance, October .14, 1988 . 5 . Gerald Healy, 16 Short Beach Road, approved 2 foot vriance, December 22, 1988 . 6 . Tellier, 55 Short Beach Road, approved 2 . 4 foot variance, October 14, 1988 7 . Tellier, 118 Short Beach Road approved 3 . 1 .foot variance, October 14, 1988 . 8 . Hines, 127 Short Beach Road, approved 3 .1 foot variance, October 14, 1988 . f v,. per cubic centimeter of soil bulk volume. Iteeommendations for must be careful when arbitrarily applying the results of this resenrch Utilizing a bacterial transport model regulatory revision coupled with a soil water flow model, g y rev on lions. Additional resenrch. under field field sites- Peterson and Ward(18)ran simulations of A common practice in wastewater erlgi- conditions,is required before a direct cor- '. elOU yearrninstormonahypothetica{vn neering when bacterial retention cminot -relation between depth of soil and bac- . •-ticn - a_.__._a_.�—.-a_-..a_i -• u_,_a.-�-..:1.-i_..a 1. a�.C..l ...1....1 C....Co Coal CiCnrt ... Bacterial l etention in soils New �verswecCives, stew �recomnie�idatioras k" k.0. _ + _ '._ • .may...l�: "1'llouias C. Peterson Robert C. Ward water dislribi lima sys(enns to be litnilcd '.:'`+F 1 by both the nulrivid content within the A 11 wnsfel�wnter mid the compcti(ion for those 'f1C6 nulricnls by of her organisms. Monitoring groundwater for (he presence of fecal coliform bacteria will rrmnirt flit• ('rune and Moore (3) suggest that the primary f g P g p R 1 {. rimm method or determining potential roundu•n(er contamination by a(hn cnic in c,r reason for bacterial die-off in a organisms present in domestic was(euw(er discharged from o n-site u•as(cirn(cr Ire a(►nenf foreign environlnenl is the inability of the $ systems. 1'niblic health ofJ7cia/s assume(lint microbial con(arrtinntinrt n/u nlrr by ort•si(r inlrocluced of gooisms to lower(heir meta- an' ;F 3r.x, was(etva(ersystentsisunconunonif4Jf(12(lent)ofsui(nble soil exists be(rceen the base oJ'n bnlic requirements in n silunlinn of lower <s, leaclifteld and(lie high(tinter table. Researcli suggests(lint this assumption is irrcvrrccf/irr nuldent nvnilnbilil}'. Within the soil rant coarse-grained soils. f5n(cric bacteria are likeb,(a be(rarvtported beyond.(Jt(120 Grit)in rix, enteric bacirrin nre qubjec(ed to n cnnrsesoils. %itrcduceurnllrvinfrllNSlrl'nblCRt,prrlirninary oil anal sis, itsodlhtion(oor• nimient.poor (riulion-limited) environ• ins(eadcrf Of rcola(inrttest,should be made. %71nsr'^ltal;sc:ahoufdincluuepurticic - . meat (18). -- ,_, - . oiize aiiu distribution anaiysis and possibly orgartie matter content analysis. Indigenous soil microorganisms,hpicauy found at soil particle surfnces,hnve a coin- ? '' pelilive edge in this nutrient-poor envi- ronnnenl. For.-enteric bacteria to survive, icrobial life in domestic wnste- posnl systems may be necessary to reduce they must be able to tolerate abiotic , r .. waters is varied and commonly bacterial, and possibly, viral transprnl, stresses, to mninlnin their viability in the q M pathogenic. Health considers- The purposes of this paper are to report absence of nulricnls and to coexist with ` Lions dictate monitoring of water subject the results of bncterinl transport simuln• anlagunislic organisms(13). Enteric bac- to co from these potentially lion studies,to suggesttlintbaclerinlcon- lei-in flint survive in this "rigorous" en- ;e'"4 pathogenic contaminants. The focus of lamination of groundwater vie on site vironmemt hove the potential of being ar; monitoring by public health officials is on wastewater treatment systems may be trnnsporled grent distances. x > ` ..rvses and pathogenic bacteria;life most very common in coarse•grained soils mil Recent studies(10,11,16) indicate that common microbiological wnstewnter con- to recommend procedures which finny help slnrvinr bncterin may not only Tower their >+. stituents.If these organisms can find their reduce or alleviate the potential for ad- tilelsibolic requirements, but.also reduce "xk way into groundwater supplies, then a ditional bacterial contamination. their volume or possibly fragment into s otentinl health hazard does exist^ ninller, visible cells called "dwarfs" or P Soil cnn be effective in retaining bac. Background "ullrmnicrocells." If starving enteric bac '.` terin and viruses contained in wastewater feria are subject. to the snore processes, xy is discharged 'Irom an on-site wastewater tViruses found in domestic wastewnterare then the probnhility of bncterinl retention I treatment system(septic tnnk/leachfield/ a greater public health problem for humans w•i(hin n shut distance of travel in soil is „t system). Straining slid adsorption are than bacteria. The viral population is reduced. , =r A thought to be effective in limiting nnic. much more likely to cnuse infectious dis- Whether slnrviog enteric bacteria are robial transport (5). Straining is thought ense thnn(lie bacterial populnlion because stibject to size reduction or frngmentntion to be the primary factor in bacterial ratan- the dose required to cause sickness(infec- in soil assocint ed with rot on-site disposal ..AM tion (6), while adsorption is the primary tious dose)is much less(17).Sampling for ' s�stem lima not been proven. Dwarfs will t primary retention factor for viruses(5). viral contamination of waters is more ex pass through stondsird water snmplifig Health officials commonly assume that pensive, more lime-consuming mid lesn fil(vrs, so their presence is more difficult "s ' if bacteria, which are much larger than reliable than sampling for bacterial cut- to assess. viruses, are not being retained in the soil lamination. during transport, then the scone might be Sampling for bacterial contmninntion Simulation i-esults said of viruses. Therefore, baclerinl con. will continue to be the prininr),method for ;< Lamination of water supplies is a good in verifying the qunlity of the drinking water The results of cnnlpuler simulations re - verifying of viral contauninntion. supply,although recent resenrch suggests crnlh presented by I'elerson and Wnrd Recent research of the authors(18)and flint the results from bacterial snntpling (18) suggest flint enteric bacteria mny be t information from the literature suggest may be unreliable (1,12,15). For these transported beyond ncceptnble limits (4 •, enteric bacteria may be trnnsporled greater reasons, bacterial retention in soils in file feet or 1.2 meters of unsaluraled,suitable distances in.the soil than commonly es- foctis of this paper. soil).'I'lleirresenrchlvnsliniiledtoconrse• Y„ seined. These results mitt nssocintcd in- Pathogenic enteric bncterin — F.sclier•- grained soils typically fatnnd in the moun- formation suggest that new installation ichin, Salniorhella. Slligrlla, fibrin, Yes- tnins of Colorado fond did not account for atid nri-itsStmOti-loe _n11v size rechiction or fraennentation of Loamy sands have a higher IpercentAPP !i::: ttst alhuuid be repinced by or amen- A suggested procedure for estitnatiilg of fines than sands. Results reported in ded with particle size analysis and possibly the bacterial retention capability of a soil Peterson and Ward(18) indicnle flint the organic matter content analysis. using n method based on soil particle probability of bacterial retention within The percolation test indicates the rate nonlysis is fhe Busch-Lackner (2) equn- 120 cm(4 ft) soil depth is 0.64 for loamy water is accepted by the soil. It provides lion relerenred in Malthess and Pek- -sand and 0.52 for sand.'1'his is an Increase no indication of either microbial or chemi- dagger(1.11. Ilusch mul Luckner(2)define cal retention. Microbial slid chemical re- security valor, In retention probability of 23 percent when a soil with additional fines is used. lention by soil are primarily functions of determination of utechnnicnl filtering cri- As with soil depth,these results cannot be soil rninerology and surface area end or- ' terin for soil relent ion of hnctei in. The transferred directly to field conditions. gnnic matter content. Because organic' value of S maul be greater than 1.5 to limit Until new quantitative procedures ate matter ntny be assumed more transient bacteria tratl�porl. available, temporary modifientions or re- than soil particles,its use cony be limited. The equnlion is basically n ratio of the visions of existing regulations rnny he Clny-sized pnrticleq, clay minerals and. diameter of the nlicroorgmtisnls of interest necessary. '1'Ire commonly used percola- organic matter retain bacteria. to the dinoicler of the soil particle size.. with 10 percent finer— 10 percent of file panicles are smaller lhnn this specific;, . dinmeler. This equnlion is analogous to lit coefficienl of todformily used in geo- Table 1 technical enl!ioreiing.The llusch-Lucluner equation wilh parameters defined is: Relationship between grain size and critical pore size S= Idrn/(Fs'dk)I> 1.5 IiI (After Malthess and Pekdeger(14)) where dln=dinnlelerofmicrouignoisnilLl SOIL. GRAIN SIZE(mm) F� •dk (um) Fs= empii icnl Irnnsit faclor— liuoterically 6 is used; this factor Fine silt 0.002-0.006 0.72 nccollnlq for the heterogeneity of Medium sill 0.006-0.020 P.4 the Imp-ours media Coarse silt 0.02-0.06 7.2 dk= h%(it nalicequivalent diameter of porous medin.(if,couals 0.20d Fine sand 0.06-0.20 . . ._._.. ... ..4.0 t - Mcdi;:�li sand ---- - v.2-0.6 72.0 (grain size will) lU9r [finer ILI) Coarse sand 0.6-2.0 240.0 When the critical pore size values('Table Fine gravel 2.0-6.3 720.0 1) and the size of n typical bacterium Medium gravel 6.3.20.0 2400.0 (0.001 moll are used in evaluating the Coarse gravel . 20.0-63.0 7200.0 Busch-Lackner equnlion, the result indi- coles no bacterial retention by the various soil f}•pcs. The limiliog pore dinnneter for conrge sill is 0.01172 non. Because natural soils Figure 3 nre not uniform in panicle sizes, nssome Comparison of grain slzo,polo sl7o and mlcroblal sizo Ihill n rennin pal crnl llge fit t he quill list ell (Ahor Mallhoss nod Pokdogor(14)) in 'Faille I till,irinio hncletin. A roni- pnrisun of In nin size is provided in Figure 3. >400,um 40ONm-12Nm '1'o utilize the Busch-Luckner equation, dk-Grovel dk-Sond 12um-0.4um several different soils must be tested under -- �-- dk-Silt field conditions. 'Phis procedure can pro- vide tun esl ioml ion of bacterial rei novnl by 100-101im mechanical fillrntion in soil and a subjec- Profozoo five feeling for the soil adsorption poten- ' Fungi 5um-0.2um tint — if flint is n factor. ElaNeria Another etupirical nppronch, requiring 00-200rim more extensive initinl research,is a retnr- Rickettsiae dntion factor, commonly used in solute G►lomydioe transport equations. A retardation factor 250-20rim indicates the relative velocity of water Viruses flow to that of bacteria. Retardation is e • 10-lrvn defined as: Mocro- Molecules It= vw/vb= 1 + (p/0) Ka Iiil Inm where: Large Pores Medium Pores Fine Pores Molecules vw= soil wntei•seepnge velocity �l.7`ll 1 vlt= bnclriialIinnsporlvelocity UP Sand 70% 15% 15% Afoms p= soil bulk densifv Inl L-31 Loam 33% 33% 33% 0= soil water content I1,31.3I Kn= soil pnrtition coefficient IL3 41-1I Umm 1 mm 0.1 mm 0.01 mm 0.001mm 100Nm PPM 1Nm 'I'lle soil pnrlilion coefficient is a measure 1000rvn VOnm Unm Inm WPm lopm of the partitioning of the bacteria between (he soil water and the soil particle sur- faces. The nuntericnl value of this coeffi- 198 Journal of Environmental health Volume 51, Number 4 cient indicaten lire degree of strnining or adsorption of bacteria on Roil particles itesentrh would indirrite whether the adsorption— a higher value indicative of and o►gnnie matter. Straining o[bacteria percentage of lints is equal in importance greater retention at particle surfaces. Is not included. to a uniformity coefficient. Most;likely the It Is known that when hydrophobic '1'o account for straining, n tnnlliplic•n- percentage of lineq is snore important,lie- solutes are ltitroducedhtto soils.the nnuwnt live factor to the Roil pnrlilion coefficient cause it iq possible to hnve n well•grnded of solute that disappears from solution • fit equations Iiij or(iiij can be estinrnted. coarse soil with few clay-sized particles. often correlates with the amount of org•nnie As indicated earlier.Rlraining of bacteria After accounting for partitioning due to matter• in the soil material (4). It also in Is a function of the percentage of line- ndsorplion, the perrentnre of fines, rind understood that the partition coefficient Rized pnrticles.Straining is nlso n function the pro licle size distribution, the final for organic solutes is a function of the soil- of the particle size distribution. Large- retardation equation is: water partition coefficient and the frac- sized particles mixed with small-sized 1t vµ/vlj=1 +(p/t)I(a(a*%rules)(b'Ctj tional mass of organic carbon(9,19). particles can be an effective retentive A Roil pnrl.ition coefficient which is n rnnleriol, where function of both soil particle size slid The Roil pnrlilion coefficient nlul- Cu= uniformity coefficient (vI organic matter content can be deter. tiplicative factor can be based on either a= fine-grain weighting factor mined. The partition coefficients for-silt. the percentage of fines, the particle size b= uniformity weighting factor and cloy-sized particles slid organic matter distribution, or n combination of both. An example of I he use of t his equation is can be estimated using proceduresRinrllnr Itelardntion in bncterinl movement in- given with the following hypothetical ex- to those presented in Ilendricks et M. (7) crenses as the percentage of line-sized ample. A hypothetical soil hnq a bulk den- or with data existing in the literature. particles increases. sily of 1.55 still saturated writer content is An estimate of the relative contribution 'I'o account for particle size dislribu- 0.34. 'I'he soil pnrlilion coefficient is 1.0. of endi fraction to the soil partition coeffi. tion, n form of the uniformity coefficient The perretttnge of fines is 40 percent and cient, Ka, is made by soil particle and (8) can be utilized: the coclficiew of uniformity is 10. The organic matter content analysis.'1'he con- Cu= d60/d10 (ivj fine-grain weighting factor ntid the unifor- tributions of each could be summed in the where mity weighting factor are 1.0 and 0.2, following form: dG0 = grain dinmeter(in nun) corres- respectively. ponding to 60% passing by weight For these pnnuneter values, the retar- Ka— (I ka fi dl U— grain diameter(in tam) corres- dat ion factor is 369,4nrplying that the soil where ponding to 10% passing by weight water seepage velocity is:169 fimesthatof ka=partition coefficient foreach grain dl0 means that 10 percent of the pal the bacterial transport velocity.!I the soil size ororgruuc matter faclion1L3NI-11 are smaller than the diameter dio. A is drier, such as 0.15, then the velocity I— size or organic matter fraction uniform,poorly graded soil has n very low ration is 825. 'These retnrdntion values fi— fraction of the total mass presen- value, while a very well grnded soil may hill it-tit ewhel lie rI lie pnrlicular soil isnde- ted by component I have a value of 15 or above (Figure 4) qunte to retain bac•leria Iong enough for Note that this procedure applies to (8). them to die-off. The assumption in this Figure 4 Typical particle size distribution (Alter Holtz and Kovacs(8)) Sieve analysis IU.S.Standard sieve) > 7 No. 20U 100 40 10 4 e in. A ill. 3 in. 100 0 1 , Uniform � •-- —• -- ---• -- •- --- 1 1 .. 80 __ ---- —r -- - --- - 20 1 M c E 60 — _T.. . — — --- -- -- -- 40 o E r w 0 1 o 60 d c- 40 —t ---- Well graded a c a Gap graded20 1 8U 0 1 j IOU 0.001 0.01- 0.1 1 l u IOU r Grain diameter (mm) March/April 1989 Journal of F.mvironntenlal Ileallh 199 A hypothetical situntion is that bacteria are lteferencre nTirrnhinl s1tr.iea of 1'ulrnlinl llae In Grneli I ' . adequately retained. t r2,A, �!t+e!rr•, Enr.inrrrinp Atlpt Fr,Pir.m, Afirrnhinl. 44:708 if particle size atilt organic nint(er firmly. and U.C.Stund(1976).Influrnrr of Encirunnien- 714. fill Soe4ft tin l munereliuo of Indirnlor,no,irrin 14. Alntlltrdv, n, atilt A. PekdrRrr (19115), Sun'h•r sis indicate limited retardation, then two from Nnntrnlll'nlers.App.Afirn+bio(20:1Ra•191. and'Itompott if(PrithoRroicllnclt•rin and Virupr ll additional procedures can be considered, 2. Huarh,K.F.and L.Lnrkner(1R741,GenhydrpuGk, in Ilrnundwnlrr, In:(irmnul If'nfrr gonhn.(:.n A Inrge volume of soil can be removed find end F.d. Fillip,StnnRnri. Wntd,W.Cicer,nnit P.I.McCarty(edsJ,•)•Wile., �i "homogeneously mixed"to piovitle n grenter 3. Crane,S.It.end J.A.Moore(19A4).Ilnclerinl Pill. will Sam.N1',Ill,.472.4112. lift[,pit of Cro+mdw'ater,A nev'iew•. n'n(rr stir Cad 15. MrFelrrs,IIA..S C.(:mnrn)rt nnrl NI.1V.Lrf'lle% depth for bncterini relention find (lie-off, lhlluf.22'R7•01, elllrr 1191149), Itirltrrnre u( IlilneolA. Alydin, an,' ' The nddtlioo of lines to the still mixitire 4. I)rnnthnk.D.A.end It 1,r11hr(19011. I;sllntnl• hire+htnnrFillrnollDefertlnnoriniuledWnrrr may accomplish the Rotor objective,li ilher IuR Adsorption of Pill)"Or Aromnlic ll)drocnr• hortir('tdifunn I)ncteria.App.Ent-iron.Aferrnhiol I' brnta an Cnlla.Soil Sri. 117:292.10A. J:I:47.111:1, activity should be considered a short-term B. Urrim C.P.. C. Wallis, and I.L., illrltnik(1975), 16. M1161n,It.1'.119112).Slnnalinn•Sorvitnlnlllr.ler solution until furtherresefrchcan provide I FMe of Il'estewnlrr Hncterie nail 1'intsrs In Foil. nln+phx in flip Mmine Fm•irunrnenl. Ado. Aftc definitive answers. ASCE.f. Irric Napier Mr. 1111 111VI)Ar -17.1. rohial li,,d.6:171 199. 0. 1 Ins!r(Imn,('..F.L htr('oy,and T.%I.Itnhe09A1). 17. Olitirri, V.P. 119A:0. Ileernrch Nrrrls: 1(rnllh Potential for Creuml Witter Conlmninnlion horn bnPlirnrinm of Hnctrrin atilt Pnrnsifes lit Coil Srptie'1'enk lSfiluenfs.J. Ent trim. Qual. 10:1•A. Altsfirpfion of 11'ns1rwnfrr. In:/tor. NSF 11i,rh- SU111111va 7. llendricks. h.11., F.,l. Post, and DAL Khninutr sh,tpnnH+:crnrullNo-rdsHrfnrin�fn.Smlilhcml,finn (1079).Adsorpllonof nnrterin"nSolla,tt'nfcrAir of 11'narvrntrr. Fort Collinm, CO. H.C. 1Pnrd and i ltesuh9fromrecentresenrchindicnie that' 5n41Pollid. 12:214.2:I2. S.ALMorrisonlrrla.)•NnLSci.Foundation,Wnsit i bacteria are transported grenterdistances 8. unite,It.U.and W.U.Kocncal19A1).Anlnrrfirhrr- DU.(gr.7n-fog. ;. than originally thought in coarse-grained (inn to Grr+ferhttiPrim-mi.f Engincering. Prenlice•liall, 18. Prlsoti.T.C. and H.C. Word 119R7), nncirrinl E Inc,Englewood CIJh,N.,1. 'Ilnnspnrl in('onrze Soils nrnrnth Oft Site 11'natr soils. The results indicate flint 4 feet(1.2 9, Kerickhoff. S.w., D.S. nrown, and'1'.A. Scott wnfer'Frrnlrnctif SYcfrrnt.Colnrndn Store l'ntr•. m) of suitable Roil is not ade(junte to pre- 11979), Sorption of Ifydrophobic Pollufnnla on Eflj Cfnlinrr 7i•rh Roll. No. 'FIIA7.4. Colorado vent enteric bacteria front renching Ratur- Nnlurnl Srdintrnfa 11'ah-r 1lrs, 1:1:2-i l•21R• Stoll.I4tiv.,Fmf(,Hills.CO, ated Roils beneath oil-site wastewater 10. NJc11rhrrR.",tin(1M.11rnnfiticsoo(19A•ILtifftr% W. Ito)', 11'.II null II A. 17ri1(in I19A51, Mohililt of Ilon Inducrd F.ffrrtatrn IIncfrriof Sut fit re CI+ntnc- Of firm•Nnkrtit.In lCnlrr Snbunteif Soil hlntrrinla. IeaChflelds. ierlsfic•. lilt( Entitnrt Afirrr,hinl 411;497 M13. lirniran lirul It'tilrr.14i. 7:2.11.247. FxlRllifg regulnilollR for assessing the 11. Kirllrherr.S..n.A.nun+phre)•,raid K('.Marshall 20. Slofrkc, (; WIAo). Influence of Soil Minrrnl suitability of soil for on•si(e wnAtewnter (1911:1),Initial PhnsemfSlnrcnilimnndArlltifytif 04bild, ,it Mt•Inl)nlir l'rncrxars.Crow'ilt.Adhr- systems, therefore, need to be revised or Ilncfrrin at Surfecea.App. Enriron. Anrrnhinl. ainrl, "fill E•.r+din of Alirmhca slid 1'irtlaea. In: replaced. Particle A 0:97 A•9R•1. lrtfr,rtrfn„r•„/,t',tilAhm pals a rfh Nnlurnl l)rgn,rira' ize and distribution12. LrChecallier, Af.11', atilt C.A. MrFelera(191451, onrlllfiuohr:c I'.M.IIuenRandM.Schfiilzrrlelt!.I. analysis and orgnnic mntter content annly- Infernctions nelween Ileierolrophir Plate Count Slim hill.0 17.Soil Sct Soc.Am.,I'lledison,%Vt sis provide better infornintion regarding linclerin and Colifnrm Orgnnisrna.Appl.Ent-iron. I+p.1ns.12A, bacterial retention in soil than methods Aficrn6inl. 49:1138.1141. 21. tt'inl,pbrtrer• JAIA'. (191111, Scpfir-7nnk Cts- presently used. ❑ 13. I.Innit. I.N.,J.1. Sinclair. I.M. Mallon', find M. (rnlc, %'(,l. (,.Grhsurfacc lhi pnsol of 6epfic•7itnk Alr..na_;1!2!2),Fate In MmIrl Fcosyaiems"r /:JJTurrrf•', Ilutfrrom.-th Pub.noalon.MA. i • Increase Performance of Leachlield int Systellis - or Stormwa for Nla��a� o�»g •'µlit �r��. t You can expect better results and greater design flexibility Ina <„-�"�;:''; r' •(, � i' �;+ ' , 1 P g g y ` �ti.L'4 � . septic leachfield or storinwa(er Infiltration system that uses the �� t it ✓1 I Infiltrator engineered system. F.(�{�:.. ► ; f: �,: t1��;. r High density molded polymer chamber, impervious to salt, ! ff.•.}tio� ,fir'' '� :' �, ��j•.f:=1.� acid, sewage, chemicals and sunlight, easily meets H 10 r= < F �•• ,m- � J: :i !�t _ , , or H 20 loading. h ,1 t', •-�" 1 e ; • Each unit, 76' x 34" x 15" (high capacity)or 76' x 34' x 12' b ;r •(, l' -R i' =-`';; standard offers far gtenter storage capacity and appiox "�" �' ' �7'r ll I r••'; . imately 500/b more infiltrative surface area than found in traditional systems. " Inspection is quicker and easier to perform, and there's no 4� .' :;).::,;''::::: ; �.. I L'"1 worry over dirty gravel and gravel compaction. F'!,i; ;l'` r iJ ;' �•,I r, b.. ilr �• .iN. Call or write for tree brochure. I ''.... ; '; - PIP (h SYSTEMS INC. ' err 7'r..,., ,�• � ;/J!_," 7,te•'if , 123 Elm Street• Suite 12 • Old Saybrook,CT 06475 E.��;•. _ j �, ' -'f, 203-383-6639 Fax: 203-388-6010 r , -. 1 .4 200 Journal of Envirunnlentnl licnith Volume 5l, Number 4 Exhibit "E" �FTHEr� TOWN OF BARNSTABLE - --�- RECEIVED OFFICE OF ffzrgTAmIM B�MA88. BOARD OF HEALTH 9�G t639' �`��9 367 MAIN STREET IN - 7 0MA�Ar. HYANNIS, MASS. 02601 October 30, 1989 TFR6'Y, DUI%1NINI; Thomas McClelland Down Cape Engineering Company, Inc. Route 6A Yarmouthport, MA 02675 Dear Mr. McClelland: Your request for multiple variances from Title 5 of the State Environmental Code, to install an onsite sewage disposal system, on behalf of your client, Brian Ladner; at 137 Short Beach Road, Centerville is not granted. The proposed bottom of the leaching fields were designed to be constructed where the maximum observed groundwater elevation would be only 2.7 feet below the bottom of . the leaching facility. However, the minimum separation distance required under Regulation 15.153 (3) The State Environmental Code Title 5: Minimum Requirements for the Subsurface Disposal of Sanitary Sewage is four (4) feet. You are reminded that the variances may be granted only when in the opinion of the Board, (1) the enforcement thereof would do manifest injustice, and (2) the applicant has proven that the same degree of environmental protection (required under this Title) can be achieved without strict application of the particular provision. You did not show manifest injustice, and you did not prove that the same degree of environmental protection can be achieved with your design. The Board is of the opinion that granting the variance you requested would violate the intent of the minimum requirements. Sin erely yours, 110riover C. M. Farrish, Chairman g r, Ann Ja a Eshbaugh gJ T es H. Crocker,RD OF HEALTH N OF BARNSTABLE GF/bs f copy: Attorney Brian Garner I (TO PLAINTIFF'S ATTORNEY: PLEASE CIRCLE TYPE OF ACTION INVOLVED: CONTRACT TORT MOTOR VEHICLE TORT EQUITABLE RELIEF C OTHER) (9oututouuirdfli of ttu�url�uu u BARNSTABLE, ss. SUPERIOR COURT J° rQE-ru r2nJ '1`t� No, 89-1492 OFFICE OF TOWN ATTORNEY TOWN OF BARNSTABLE ;DE40TYHEFRIFF. UE COPY ATTEST 367 MAIN STREET- NEW TOWN HALL - HYANNIS, MASS 02601-3907 BRIAN LADNtR GROVER C. M. FARRISH, M.D. , Chairman, et al as they are members of the BOARD OF HEALTH of the TOWN OF BARNSTABLE SUMMONS To the above-named defendant Board of Health, Town Hall, Hyannis, MA You are hereby summoned and required to serve upon .......................................................................... Brian. F. Garner ...........I.......... plaintiff's attorney, whose address is TERRY, DUNNING & TERRY, P. 0. Box 560, Mashpee, MA 02649 .......... .......... ... ............... .......................................... .....................................................:......I an answer to the complaint which is herewith served upon you, within `?0 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk of this court at Barnstable either before service upon plaintiff's attorney or within a reasonable time thereafter. Unless otherwise provided by Rule 13(a), your answer must state as a counterclaim any claim j which you may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim or you will thereafter be barred from making such claim in any other action. Witness twenty-ninth ROBERT L. STEADMA(� Esquire, at Barnstable, the .............................................................. day of November ............................... , m the year of our Lord one thousand nine hundred and eighty-nine. .............. ............................. , a. Clerk NOTE: When more than one defendant is involved, the names of all defendants shall appear in the caption. If a separate summons is issued for each defendant, each should be addressed to the particular defendant. •� cr th- No if you cLiirn (o 1!rtvc, i is (cu a t %c a Ctt)t 0} j'C»11' \l'17tt(':1 il;);:NCr i\'lii'L'CI UJ . .1(1 11.-o i4( t`1w t �i .i �f �� i'l:'ti Ofi1C('., - :J �0 Commonwealth of. Massachusetts Barnstable, ss. Superior Court No. E BRIAN LADNER Plaintiff, ) V. ) COMPLAINT (APPEAL OF THE DECISION OF THE BOARD OF HEALTH PURSUANT GROVER C. M. FARRISH, M.D. , ) TO M.G.L. c . 30A 14 ) Chairman, ANN JANE ESHBAUGH ) and JAMES H. CROCKER, SR. , ) as they are members of ) the BOARD OF HEALTH of ) the TOWN OF BARNSTABLE, ) Defendant. ) STATEMENT OF CASE This is an appeal of the decision of the Board of Health for the Town of Barnstable (hereinafter called the "Board" ) denying a request for variance submitted pursuant to provisions of 310 CMR 15 .20 to allow the distance from the bottom of a leaching facility to the maximum groundwater elevation to be reduced to . 2 . 7 feet in lieu of the required 4 .0 feet by the Plaintiff ,. Brian Ladner (hereinafter called "Ladner" ) . PARTIES 1 . The Plaintiff is Brian Ladner of 56 Brunell Drive, Holden, MA. 2 . The Defendants are Grover C. M. Farrish, M.D. , 65 Camp Street, Hyannis, MA, Ann Jane Eshbaugh, P. 0. Box 514, Off Curry . I 1 Lane, Osterville, MA and James H. Crocker, Sr. , 10 David Street, Osterville, MA,. as they constitute the members of the Board of Health for the Town of Barnstable. 3. The Town of Barnstable Board of Health has its principal place of business at 367 Main Street, Hyannis, Barnstable County, MA. f FACTS 4 . Ladner is the owner of residential property located at 130 Short Beach Road, (Centerville) , Barnstable, MA, as further described by a copy of Barnstable Assessor's Map 206 Lot 047 attached hereto and incorporated herein by reference as Exhibit A 5. On or about September .15, 1987, the Board, through its director of public health, a certified letter to Ladner indicating, that the sewage system on his premises was "inadequate and is in all probability contributing to the pollution of the river" , a copy of that letter attached hereto and incorporated herein by reference as Exhibit "B" . 6 . Said letter further indicated that voluntary compliance was requested. 7 . Said letter further indicated that official action had not been taken but would be taken if cooperation by Ladner was, not .received by the Board. 8. On or about August 30, 1989, the civil engineering firm of Down Cape Engineering submitted an engineering plan for a new septic system and a request for variance to the Board, a copy of 2 I ' incorporated herein by reference ! said letter attached hereto and p i as Exhibit ' C 9 . The variance request by Ladner was to. allow a 2 foot 7 inch sand filter between the leaching facility and the adjusted groundwater table. i brief t o the Board explaining why 10. Lad ner submitted a , the variance should be granted; said brief contained evidence that the .Board had granted seven (7) abutter's greater variance relief than that requested by Ladner .within the past year. A copy of said brief is attached hereto and incorporated herein by reference as Exhibit "D" . 11. The memorandum submitted by Ladner provided substantial evidence that the enforcement of the code . of Massachusetts Regulations relating to septic systems installations , if enforced, would do manifest injustice, and that the plans , submitted by Ladner would provide the same degree of environmental protection that would be provided without strict application of 310 CNR 15.153(3) . 12 . After hearing the matter on October 3 and October 24, 1989 , the Board issued a written decision on October 30, 1989, denying the variance request of Ladner, a copy of said letter. attached hereto and incorporated herein . by reference as Exhibit CAUSE QF ACTION 13 . Ladner contends that the October 30, 1989,:` decision of the Board denying his request fora variance has prejudiced the substantial rights of Ladner because the Board's decision is in 3 I error based upon each and every one of the following reasons: a) In excess of the statutory authority or jurisdiction of the Board; b) Made upon unlawful procedure; c) Unsupported by substantial evidence; d) Arbitrary, capricious and unreasonable. WHEREFORE, the Plaintiff requests: 1. That this Honorable Court modify the decision of the Board to .grant the variance request sought by Plaintiff. 2 . That this Honorable Court order the entry of Judgment that the decision of the Board is in excess of its authority and jurisdiction , made upon unlawful unsu procedure, orted by substantial evidence, is PP arbitrary or capricious and that said decision is , therefore, set aside. 3 . That this Honorable Court order the grant of the variance relief as requested. 4 . That this Honorable Court order such other and further relief as it deems appropriate and just. 5. That this Honorable Court award the Plaintiff his costs and expenses including reasonable attorney' s fees in prosecuting this action. Respectfully submitted, Plaintiff, Brian F. Garner TERRY, DUNNING & TERRY P. 0. Box 560 Mashpee, MA 0264.9 (508) 477-6500 BBO # 547530 DATED: November 29, 1989 1 4 1110,11 POW INN Exhibit "All ` \ op s I Y^ O 06 too a .r ] 40. r' in 0 �N r� \ � , i�� fit`,, p?�/ � • �,s P ss • l � 1 /J6 10 04 N ij loo co M s " I p 4 to S P • THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) IAMF7. DATA H4 q o z> 2 n Exhibit "B" 7 %W z W N A A - ° o p s °' TOWN OF BARNSTABLE OFFICE OF i DAHIlT .BL6 MA/H.. BOARD OF HEALTH f639 0 367 MAIN STREET � MAY�' ' HYANNIS, MASS. 02801 = " Brian. & Ronald Ladner October 8, 1987 56 Brunne Road Holden, MA. 01520 Re: Your property in the Centerville River Area. Assessors Map 206 and Lot No. 047 i Dear Sirs : i The Board of Health recently conducted a sanitary survey of the properties near the Centerville River. The Health Department personnel conducting the survey were of the opinion that your present onsite sewage system near the Centerville River is inadequate and is in all probability contributing to the pollution of the River. 1''t '' We are requesting your cooperation in upgrading your onsite sewage system. Please have a professional engineer submit �44 plans for this upgrading within 30 days of receipt of this 3 :` 1.11.3 notice. We would appreciate voluntary compliance, if possible. We will , however, take official action if W voluntary compliance and cooperation is not received. � . '. 1 Please advice us- of your intentions , in writing, in this matter so vital to the environment you live in. a Please contact the Coastal Health Resource Coordinator, N '. F Dale L. Saad. telephone 775-1120 ext. 182, if you have any questions . .X J Very truly yours , `"' Kell:1:4./ p y 111 y irector of lic Health E° �.r JMK/ds jr i. •!.' - ICI 4< r;,. Exhibit "C" 362.4541 09 main streel it 6a pie yarmQvlh port miss°zs'S down COP eagifreefing civil engineers land surveyars structural pesign August 30, 1989 ArneH.olaU v.L.A.L.S. lend court Alcherd A.Falrbank P.E. surveys Thomas McKean Barnstable Health. Agent Barnstable Board of Health Aire planning South Street Hyannis, MA 02601 sewage system REi Joseph Sullivan, 130 Short Beach Road, Centerville designs Brian Ladner, 137 Short Beach Road, Centerville Dear Tom: Inspections Enclosed please find two copies of the revised septic upgrade plans prepared for the above referenced corm�ts properties . The revised plans propose a 2•7" sand filter between the leaching facility ,and the adjusted groudwater table. According to an article published in the March/April 1989 Journal of Health, written by Thomas C . Peterson and Robert C. Ward entitled "Bacterial Retention in Soils, New Perspeotives, New Recommendations" this 217" sand filter will retain approximately 84% of the initial _ bacterial concentrations found at the Boil/leach field interface. In order to obtain a larger sand filter, I believe some sort of a retaining wall will be required to prevent breakout. I feel these proposed systems are such a substantial improvement over the existing systems that these variances should be considered. If you have any questions, please call me at 362-4541 , Sincerely, NW„ Thomas . McLellan Down Cape Engineering, Inc. ' TJM/1amp/2TJML101 Encl . act Joseph Sullivan Brian Ladner , Brian Garner I Exhibit "0 Brief Barnstable Board of Health Request for Variance on Vertical Separation "Groundwater to Bottom of Leaching_Facility_" FACTS . The Applicant is the owner of a dwelling located at 137 Short Beach Road, Centerville, MA, shown on Assessors Map 206 Parcel 047 . Applicant had earlier received a notice to abate violation ( 310 CMR 15 . 00) for a failed septic system. The s construction permit Applicant has applied for a disposal work P PP and the Board has determined that a variance from the Barnstable Board pf Health regulations would be necessary. The variance relief requested is from Regulation 15 . 13 ( 2 ) to allow the distance from bottom of the leaching facility to the maximum groundwater elevation to be reduced to 2- 7 feet in lieu of the required 4 . 00 feet. The applicant has submitted other variance requests with respect to sideyard setbacks and similar situations that are the subject of a variance application previously submitted. However, those variance requests stem from the previously existing septic system and are not material to the relief requested herein. RELIEF SOUGHT. Pursuant to 3 . 10 CMR 15 . 20, Applicant seeks a variance from Regulation 15 . 13 ( 2 ) to reduce from 4 feet to 2 .�'7 . feet the distance between the bottom of the leaching facility to be repaired and the maximum groundwater elevation. ARGUMENT. Regulation 15 . 20 of the Code of Massachusetts Regulations specifically grants authority to the local Board of Health to grant a variance of any provisions of that title with respect to any particular case when the enforcement thereof would (i) do manifest injustice and ( ii) when the same degree of environmental protection can be achieved without strict application of the particular provision. The Board of Health mailed to the Applicant a notice to abate violation for a failed septic system in 1988 . The Applicant has applied to the Board of Health for all necessary permitting to allow for the upgrade and repair of the existing failed system. The topography and conditions specifically affecting Applicant' s lot will require a reduction in the 4 foot distance required between the bottom of the leaching facility and the maximum groundwater elevation. The Applicant has, through its engineer, spent considerable time and expense to engineer a system that far exceeds the 2 foo t minimum which is allowable e ulation s of the Department of Environmental under the r P 9 Protection. The Applicant seeks a 1 . 3 foot variance rather than the maximum allowable variance of 2 feet. i ' l R. 0 The Board of Health has within the past year granted much more extensive 2 foot variances to a number of other owners of dwellings in the immediate surrounding area (see attached Exhibit "A" ) . The variance requested by Applicant represents only 66% of the variance granted to similarly situated owners by the Board of Health in the past. To comply with the groundwater distance regulation as it currently exists would work a substantial hardship on the Applicant without a concomitant health benefit. Substantially more excavation and construction must take place to comply, including the construction of a 2 foot high concrete retaining wall around the entire septic system. The likelihood of potential damage to the lot or the dwelling and the potential increased maintenance costs are substantial. The Applicant respectfully submits to the Board that granting of a variance to Applicant will still provide the same degree of environmental protection. According to the attached article provided by the Board of Health, the 2 foot variances granted earlier by the Board provide approximately 65% of the bacterial protection that would be afforded by the existing regulations . However, the Applicant's proposed 2 . 6 sand filter will provide approximately 84% of the protection found in a 4 foot sand filter, an increase in effectiveness of 30% of the previously granted variances . The variance, if granted by the Board of Health, would also. provide approximately 86% of the. effectiveness provided in the required 4 foot sand filter. The Board should note that this proposal is a thousand fold more efficient and protective of the environment than the existing system which has been deemed failed by the Board of Health. The cost of complying with the existing regulation would entail many thousands of dollars and an extreme burden on the quiet use and enjoyment of the property to which Applicant has come to expect. The proposed variance request will provide almost 86% of the protection afforded by the existing regulation while working to remove a substantial hardship from the Applicant. WHEREFORE, the Applicant respectfully requests the Board to grant its request for a variance from regulation 15 . 13 (2) . Respectfully submitted, Brian R. Ladner, Applicant By his attorney, Brian F. Garner Dated: October 3, 1989 2 EXHIBIT "A" 1 . Ruth Hill, 56 Short Beach Road, approved 2 foot variance, October 14 , 1988 . 2 . William Maher, 65 Short Beach Road, approved .2 foot variance, October 14, 1988 . 3 . Frank Wachter, 64 Short Beach Road, approved 2 foot variance, October 14, 1988 . 4 . William McGrath, 59 Short Beach Road, approved 2 foot variance, October 14 , 1988 . 5 . Gerald Healy, 16 Short Beach Road, approved 2 foot vriance, December 22 , 1988 . . 6 . Tellier, 55 Short Beach Road, approved 2 .4 foot variance, October 14 , 1988 7 . Tellier, 118 Short Beach Road approved 3 . 1 foot variance, October 14 ,, 1988 - 8 . Hines, 127 Short Beach Road, approved 3 . 1 foot variance, October 14, 1988. f t Bacterial retention ill soils New perspectives, , view. recommendations ' '1'llotuas C. Peterson :*. Robert C. Ward r - wnler dislribulion systems to be limited by both the nulrirnl conlrnt within the venslewtiler and Ilie compelilion for those 1 Al. rrtllrietlts lov other orgnnisms. .. Monitoring, groundu•nler for the presence of feral coliform bacteria will rr•nrrrirr the Crane will Moore (3) suggest flint the ,.,primary method for determining potential grourtdtrnter cowomina(ion by pnOwgrrtic tnnjor renson for bnclerinl die-off In a orgnnisnrs present in domestic u-as(eu,a(er divcltnrged front at•sile n ns(rn nlrr frrn/rat/tf foreign environtnrul is the hrability of the r w systems. l'trb/irhrtrrlttof/icirr/srtssunrrlhafmic•ruGiafcnn(aminnliort a/mnlrr•byon•sifr htlrotlnt•rdorl;ruticrnalotr rrthrirrrtrtn- urasfru�ntrrsys(emsisrrncununmrij4 j((/2UcnC)n/suitablrsnilexis(sGr(u•ernllsebosrofa bolic retioiren,rnls in n situnlirnt of lower lenclCfteldnndMehighlowerinble. 11esearchsuRRcs(sdtn(Otisassuntp(innisincnrrrcf/i►r mihicnl nvnilnbilil�. 1Vtlbin the soil oral coarse grainrd soils. linleric baclrria nrr lihrly fa br lran.yror(rd Grvnnd•!n 1121)cat)in rix, rnlerir bnrlrrin nre subircled to a eonrsosailx. 'lirrrdnrr•rnallruin(rtJll.efJr'ahlcnr,prrfintirransnilarrrrft:eis, irrrrrlrin►►In.0 mrltirnl-pour (eluhonlimitctl) envirnn- instend of(Ole*soil prrcohdinn lest, shrr,Ild be mode. 77,e.cr^_ticl;;r should incfudc particle meal (Ili). and distribution anaiysis and possibly organic►natter content analysis. htdigenous soil mirroorgm,isms,h'picrilly found nt soil part icle surfnces,hnve a com- spelilive edge in this nulrienl-poor eCtvi- romnew. For-enteric bnclerin to survive, icrobial life in domestic waste- posnl systems cony be necessnry to reduce they must be able Io Iolernte abiotic r ' ,m waters is varied and commonly bacterial, and possibly, viral lrmCsporl. Caresses,to ntninlnin their viability in the 's ► re lore tort ohsence of nulrienls mid to coexist with • atho epic. tlenith consitlera- 'l.hepurposesoflhr. 1 opera 1 P g • lions dictnte monitoring of water subject the results of bnclerinl transport sintuln• mtingonislic rngmtisnts(13): Enteric bne- i to contamination from these potentially lion studies,to suggest Ihnl bnclerinl con- •lerin flint survive in Ibis "rigorous" en- pathogenic coutnntinanls. The focus of lamination of groundwater via on•sile vironment hnve the polentiol of being monitoring by public health officials is on wastewater treatment systems mny be lrnnsported grrnl disin ices. 'viruses and pathogenic bacteria,the most very common in coarse-grained soils and (lecrnl sludirs(10.11.16) indicnle tint common microbiological wnstewnler con- to recommend ptncedores which mny help slnrving bnelriin umy not only lower their stituents.if these orgmtisms cnn find their reduce or alleviate the polenliol for ad• melnholic retluirentellk, but also reduce way into groundwater supplies, then a ditional bacterial contamination. their volume or possibly fragment into polentiol health hnzrird does exist. smnller, viable cells cnlled "dwarfs" or Soil cnn be effective in retnininp• bne• Background "ullrmnicrocells." If slnrving enteric bnc- lerin and viruses contained in wnstewaler lei-in nre subjrrl to MY, same proresses, discharged 'l•rom nn on-site wnstewnler lViruses found in domestic wnstewnler nre flirt,the probrtbilily of bnrlerinl retention treatment system(septictnnk/lenchfield/ agreaterpublic health problem for huntarns within n short dislnnce of travel in soil is system). Straining and adsorption are then bacterin. The viral populolion is ` reduced. thought to be effective in limiting, uric- much more likely to cause infectious dis- Whelher slnrving enteric bnclerin nre ' robial transport(5). Straining is thought rose Il,nn file bocleriol populolion because subject to size rerlurlionor frngmrnlnlion to be the primary factor in bacterial reten- (lie dose required to cause sickness(iniec• ill soil rissocialed with nn on-rile disposal tion (6), while adsorption is the primary tious dose)is much less(17).Sompling for '' system has not been proven. !)worts will primary retention factor for viruses (5). viral contamination of waters is more ex- pass lhrot,gh stnndnrd writer sampling Health officials commonly assume lint pensive, more lime•cmisunring mill Irsp lillcrs, t ll,ei-presence is more difficult if bacterin, which nre much forger Otani reliable than sampling for bacteria) con- to assess. r viruses, are not being retained in the soil tantfnntion. during trnnsport, then the scone might be Smnpling for boclerinl conlnmjnntiorr Sill,ulatioll results said of viruses. Therefore, bnclerinl con• will continue to be the pi itnmy method for tn►nination of writer supplies is a good in. verif- ing the qunlily of the thinking writer The results of romputer sinminlions rr- dicnlion of viral conlnnrtnntiom supply,although recent resenrchsuggesls crnllY presented b.%' Peterson nrid %N'nrd flecent research(if the nut hors(18) and tint the results from bacteria) smnplirlg (18) suggest lhnl enteric bnclerin mny be information from the literature suggest may be unrelinble (1,12,15). For These irnnsported beyond ncceptnhle limits (4 enteric bacteria may be Irnnsported greater reasons, bacterial retention in soils in the feel or 1.2 melers of unsnlurn(ed,suitable distances in-tie soil than commonly as. focus of Ibis paper. soil).Theirresemchwnslimiledtoconrse- sullied. These results and nssocinled III- Pathogenic enteric bnclerin — h'schrr•• grained soils lypicnll' found in the utoun- . formation suggest tint new inslnllotion ,chin, Snlnionella, Shigrllo• 1 ibrio, )-t•r- hills of Colorado rind did not nccount for procedures for on-site wastewater dis• sinin, Picudonronns and S(aphilacorrus niiv size reduction or fragmentation of — nre common conslilttens o lf waste• bnrlrrin. venter entering mid possibly Irn%'ing on- Inilinl bnclerinl rrrncenlrntiona wrre Robert C. Word. Pit)., Deprirrrnenl of Arricuhura) File tvnslea'alerey'elCmn.Une n,irhl exprcl within the range of Ihosr thnl might be and Chemical Ptiginrering. Colorado State Unher- the vn,iely, number slid vinbilily of the expected at the soil/Ienchfirld trench in- oily,Fort Cotlina,Co e0523. organisms enterutg the soil from waste- let-face— approximately 5000 bacteria 196 dournnl of EMvlronlnentnl Ilenllh Volume 61, Number 4 I�eCO111111C11d ations for must be careful when arbitrarily applying per cubic centimeter of soil bulk volume. the results of this reaenrch to field situn- • Utilizing n bacterial transport model a•eg ltal,U1'y reviSlUll tions. Addilionn) resenrch, under field coupled with a soil water flow model, car- Peterson and Ward(18)rnnsitnuintionsof Jt common n bacterial retention cnnn rt •relotiontbetween tlepill or soil deoilandt earing when bac- a 1 OU=year rainstorm on n hypothetical on- n site wnstewnter lenchfield located in conrse be obtained willdn the allocated soil depth list terinl otf the li erotl�a and the resells 'soils. The coarse soiis.were clossilied as Is to imcrense the dept). Ili f eiwilh•lillle of the cotepvter ninmllnlitins presented in sandy nod loamy sond based on their has been an nrbitrnry I ll►is pnprr indirnle lhnt the percentage of Physical properties. A deterministic(Coll- scienlific justi(icolion(21)• slant I►put) simulation wns run to cam- The results of the research, aura- fines (silt and clay particles able to pass pore the depth of bncterinl tritosport nintized insoildcplh earlier, cnn eaninlporinnitin►pnct oil en Fs of 0.1176tll►Sn)vls very likely the between the Handy and Ivnn►y anncl.so ils.The results (Figure 1) are whnt one °ur1►osesronlyinl eot nlyze [lie rsolid►cturve in' tivn,rwhclhcr by slrnimi tg►orind.�111 11 might expect.Loamy sends relninedmore l I es flint bacteria then sandy soils. The greatest Figure 2. An increase in soil depth from Slutzky (says, ,the nio in very specific when ►e of 17 relative difference in nnoiltle Ill 13nsed produces U to co nputerrsimetinlion results nfled inic obinitevc istin►soil care twithin trationswns0.23 ot6U ct I on this sinlulntioil, no bnclerin traveled which indicate that the probnbilily(of bay- the chofcinyi tierlion m►d conniic pr(- beyond 110 cm in Ionmy snnd soil, while terinl retention increases from 0.64 to rotllsloxides ofllnainlytFe(3+),eAl(34-) bacterial transport did exceed 120 cm soil 0.84 (nn increase of 31 percent). depth it,sandy soils. Soil depth Is a important factor,but one and h-I►(4+)." The relative concenlrntioll in htilh cases was stnnil. The Important point Io "tile is that the presence of fine-grained pnrticies in the loamy solid reduced bacterial trans- Figure 1 port. Comparison of relative baclolial concelttrntion versos tk•pth for loamy The soil environment is n'cun►plex eccr sand(solid lino)and sandy soil(dashed lino)at the EPA design system. Modeling a complex syslent tie- percolation rates terrninistically produces results that tiny have limited value. Modeling bncterinl _ transport stochastically(will vorinble in. 1.0 puts) accounts for some of the vatiahilily Inn rtnn 0'9 CIO)-6000000 , Inherent fn the soil ecosysteml-The results 0.9 -120 nn of stochastic modeling of bacterinl trans•' ar port in soil are expressed ns probabilities rather than specific bacteria( concetlra• o o.e lions. 1' '.•� 0.9 Simulations were performed to indicnt e U o.s the relative importance of bacterial ad- a.1 sorption/straining and die-off on the max- o.>t Inum depth of bacterial transport(Figure o.l 2). The results allow tine imporintice of 0.0 .• , •_•-. . .... • .,� -'t- both die-off and adsorption/strainin DEPI ti g to o :o �o eo (CM)t°o no ao lea bacterial transport. The prol►nhility of bnclerin reaching 121) cal (4 fl) in 1(i8 It when dic-uff and oil- sorption/straining are taken into con- Figure 2 sideration is 0.35 (solid curve). If the soil water temperature were very low, thus Cumrila!ivg Imn.1lency sh^wing maximum depth of bac- imhiuiting bncterinl activity nod dir-oll, terial transport when all parnmelors nro!nclucled(solid line►;whon lite dio•oll coefficient a (dolled line);and whon ilia die•oll odsotplior the probability of reaching 120 cm(4 (t)Is d(ct►aln dot lino) 0.64 (dotted curve). ttUalnlnp 0 If adsorption,straining and die-off were not factors, such as might be the rose in Ieo very cold; coarse-grained noils, then tile-. eO Ieo rlAtl stonM-SAND probability of reaching 120 cm (4 It) Is eo i r•tee"owns 0.88(chant-dot curve).Dispersion nccoul►ts w ro 1 e-50000 for the 0.12 difference front plug flow CI ( j 'conditions. o "' 1 60 i The results of this invest igntion suggest •••••' j ' i ............... that enteric bacteria eventually will be, �o trnnsported beyond 120 cm(4 it) of suit o able soil depth in contse-grninedsoils.With these resells in mind, It is suggested thnit .. existing regufnGorts for denigni'1 Q O11•Slle ° so i do nr Flo Ion 120 140 lea wastewater treatment syslen►s inny need- i r MAXIMUM DEP111(CMI to be revised to account for batter inl trans- port in these coarse-grained evils. March/April 1989 Journal of Environmental llenllh 197 • - Loamy sands have n higher percenllien !l:• t<;t ei,uuiti be repinced by or amen- A suggested procedure for eslin►ntilrg of fines than snnds. Results reported in ded with pnriicle size analysis and possibly the bactee inl relenlion cnpnbility of n Roil Peterson and Ward(18) Indicnle(lint life orgnnic matter content Pnnlysis. using n method finned oil Roil particle probability of bacterial retention within The perculnlion tent indicnirs the rnte m►nlynin is the fluRch-Lackner (2) equn- 120 cm (4 A) soil depth is 0.64 for(onmy water Is accepted by the Roil. It provides limn relrrenrrd in hlatlt►rss and I'ek- -sand and U.62 for annd.'Uhis Is rill Increase no indication of either microbial or chenli- degger(I.11. Ilusch fold Luckner(2)define In retention probnbifity of 23 pe rcent cal relenlion. Plicrobinl Pill] chemicnl re. Recurilyvrilnr.S,whichm c ►Ili-lisp(]forthe when a soil with additional lines In oiled. leotlon by Roll ore prlinmily functions of drlern►innlion of mrrhnnicnl lillering cri- As with soil depth,these renuitncnnootbo soil ininerology find surface wren sod or-, terin Inr soil relenlion of hncle►in. The'I transferred directly to field conditions. gnnic matter content. Because orgnnic' value of S most Ire greater thrill 1.5 to limit Until new quantitative procedures are matter cony be assumed more transient I►nclerill Irnna►nrl• available, temporary inodi(icnlions or re- thrill soil pnrlicles,its use cony be limited. 'I'hr eq►u►Iirnl is hnsicnlh n rnlia of the visions of existing reg►llnlionn nlny be Cloy-sized pnrlicles, ciny minerals and. dinn►eter of Ihr miciompinisn►s of interest necessary. The conunoniy used percola- or,anic matter retain bacteria. to the dinroclrr of the soil pnrlicle Rize w•il11 10 percent liner— 111 percent of the pnrlicles nor smaller lhnn thin specific dinneter. 'I Ili.- eyun(ion is nnnlugous to the coelfivirol of oniformily used in geo- Table 1 leclmicnl enitinceling.The finsch•Luckner eyunlion with pnrnmeters defined is: Relationship between grain size and crilical pore size S= Idol/It's*Elk)I> 1.5 I'I [Alter Malthess and Pekdeger (14)) where till,=ditiowlrr fit microulgnnisin114 SOIL GnAIN SIZE(mm) F, •dk (um) Ms= emph icnl if nnsil fnclor— numriirolly 6 is used; this fnclor 0.72 nrcoanls for I tic heterogeneity of Fine silt 0.002.0.006 tile l,,,rrllls l►►rdin Medium silt 0.006.0.020 2.4 Coorso silt 0.02.0.06 7.2slit= hydlnolic ciloivnleol dinmelrr Fine sand 0.06 0.20 - • _ _... "4!0 of porous tnrdin;fit.enunls(1.2°d . — --Mcdlursi sand ---- - u.2-0.6 72.0 (grain size with lU9r finer ILI) Coarse sand 0.6-2.0 240.0 11•'hen the ci it icnl pure size vnlaes(Table Fine gravol 2.0-6.3 720.0 1) Pod the size of n typical bncteri►nn Medium gravel 6.3.20.0 24000 (0.001 firm) ore used in evolunling the Coarse gravel . 20.0.63.0 7200.0 Bnsch•Luckner cqun(ion, the result indi- cnies no bacterial retention by the various soil l.•pcs. 'I•he limiting parr dinnleler for course sill is 0.0072 film. Ilecollse nnlurni soils me not ,nifo,n, in pmlicle sizes, nssnnlp Figure 3 Comparison of g►nln rho,porn tiro rind ndcioblal size Ilnll ll t rlll►lll lrr rt rl►I►►gp elf 11ir soils lislrll (Allot Mallhoss mid Vokdogor(14)) In 'I'nhlr 1 ,till i vinin hurl rl in Aram• (►ill ison of I,t nill size is Illovilled ill I'igill e 3. • Lll�um b00um-11um 'fo utilize the Busch-Luckner equntion, dk_ Grove/ dk-$and lion-0.4um t ciflcldimitioulsoilsmullfirlastedunder dk.$ell field conditions. 'Phis procedure con pro- vide till eslilunlionuf bacterial removal by 100-10um rnechn►ical hill III ion in soil and n subjec- Protozoa live feelinp for the soil adsorption poten- Fu"�9__. tin)— if Ihol is n fnclor. 5urr►-O.1um Another emphicol nppronch, retluiring • Vac...teric 500 snore extensive inilin)resenrch, is a retnr- icheltsioe drilion fnclor, commonly used in solute ' R�ckelfsroe Chtanydiae IIrnnsport equnliuiis. A relnrdntion fnclor 50-20ran indicnies the rrinlive velocily of writer Of uses flow to lhnl of bnclerin. Retardation is 10-try defined as: MOcro- • Molecules It= vw/vb= 1 •f- (p/U) Ka Iiil nm where: Large Pores Medium Pores Fine Pores pfo1ecufV3 vtv= soil will er srepnr.p velocity I"V i • v, — fin.trl tl►t lrnospor(velocity lL'H Sand 70% 15% 15°•� Atoms 1)_.soil balk density In1 L-31 Loam 33% 33 Ve 33/. t►= soil ttnlrr content ILa I:31 Kn= soil pnlii(iun coefficient 10 NI-11 JOmm I mm 0.1 mm 0.01 mm 0,001 rr►m 1 ' • 100um •. 1Uum 1um 'I hp soli poi lilion coefficient is n mrnsure 1000rm VOnrn Unm Iron Vo prn 1Upm of the pnrliliuning of the bncleria between the soil writer mid file soil pnrlicle sur- loves. The ni nleiicrll value of(his c0elfi- 198 Journal of Cnvironn►e ital Health Volume 51, Number 4 ' cient indicates (lie degree of slrnin,inr or od.-nrplion of,bnclerin on Roil particles Itr.-rmrh wo,dd indiralr whrther the . atlso►ption— n higher vnlue indicative of and or gnoic matter. Straining of baclerin percentnge of liars is rtlnnl in hoporinnce retention at particle surfaces. is not included. to n unifornil}•coelficient, Ntoel likely the greaterI n nrttlli ►lien• rerretNnl,r trf liar.-iv nrorr impnrinit 11 It is known lhn( when hydrophobic '1'o ntcounl fur slnnininp, t solutes are Introduced Into soils.tile nntuunt live fnclur to file soil pnrtilion curllicienl cnune It Is po.-.-iblr io fnnee n we11•grnded of solute that disappears from solution • in ecluntions Iiij or Iiiij cnn be estimated. cont-se soil will, low cloy-sized pnrlicleq. often correlates with the amount of organic As indiraled enrlier,s(rnhninr of bnclerin Alter necountinr for lint Iilirnniirg due to mntter In the soil mnterinl (4). It nlgo is Iq n function of the prrceninge of line- nd.-otplion, Ihr prrrrolnrc of lines, nod understood that the partition coefficient sized particles.Slrninior Is nIso n function tile pan tlrle size distribution, tile [cant for organic solutes is a function of the soil- of the pnrticle size distribution. Large- relnrdniion equnlion i. water partition coefficient and life frac- sized particles mixed with smnli-sized R--vwh•b=1 +(p/())KaW%lilies)(b'Cu� tional mass of organic carbon(9,19). particles can be all effective retentive A soil pnrlition coefficient which is n- nnnleriol. where function of both soil particle size and The soil l+nrlilion coelficient nut- Cu= uniformly rorllicient H organic matter content can be deter- tiplicalive factor cnn be bused on eilher a= fine-grain w•eirfiliop• factor mined.The partition coefficients for gilt• the percentage of fines, the pnrticle size b— uniformity wrigl'tiop fnclor nand cloy-sized particles and orgnnic mntter distrihtttion, or n combinnlion of bull'. An example of Ilse one of Ihis erlunlion is csnbeestimaledusimp,proceduresaimilnr ltetnrdnlion in bncterinl rnovenent ir,• given with the fnllawinr hypothelicn) ex- to thone presented in I Iendrickq et nl. (7) crrngr+ ns the percentage of fine-sized apple. A hypnlhrlirnl.-n a il hn n bulk dro• or with data existing in the liternlure. particles hncrenses. sily of 1.55 and snlurnteJ water content is An estimate of the relative contribution '1'o account for particle size dislribu- 0.:14. 71se soil pnrlition coefficient is IM- of ench fraction to the soil pnrtilion coeffi- lion, n form of the uniformity coefficient The prrcrntnre of liars is 40 percent and cienl, Ka, is made by soil pnrticle and (8) can be utilized: the coelficicul of uoilurmily is 10. The organic matter content analysis.'I'he con• Cu— d6U/d1U (iv( tine-grain w•righl ing fnclur and the unifor- tributions of each could be summed in the where roily weighting Inclur are 1.0 and U.Z, following form: dgU = grain diameter(in nun) corres• respectively. ponding to GU% passing by weight For these pin-moeler values, the retnr- Ka— (i ka fi Iiii) . di U — prain diameter(in nun) corres- dnlion fnclor is 3(m.4inl ply iog(lint the soil where ponding to 10% passing by weigh( writer seepage velocity is:169 time.-tl t of nch rain d ►aeons that lU percent of the pnrticles the bacterial transport velocity.If tine soil k — nrtitioncoe[[icientfore g lU r it a P t s U.1� then Il'e velocity A Is drier, st ch a , size ororgNuc matter fraclion1l,3 f�1'1( are smaller than the diameter d10. r• • 'hr.-e rr(nrdnlion unlace '• ' fill.-n very low ralion is 825. I= size or organic rnntter[ruction uniform. poorly graded soul ry fj= fraction o�the total amass Irresen• vnlue, while n very well graded sail any Indicnle whether the pnrlirolnr Anil is ndr- ted by.connponent I Itnve a value of 15 or above (Figure 4) Hanle to retain bot-lerin lung enough for Note that this procedure applies to (8). them to die-off. The assumption hi this Figure 4 Typical par0clo size distribution (Alcor Holtz and Kovacs(e)l Sieve atralysis (U.S.Standard sieve) 3 3 ' Sin. No. 20U IOU 40 10 4 s in. A m. 0 100 t Uniform 2U 80 c N t E 40 — -.. c .a' t L- - - -- -- 6U d 3 a 3, 40 — ---- Well graded ` a a ti Galr graded 20 J. IOU • 0 , 10.. IOU 0.001 U.UI• 0.1 1 ... l . Grain tliarocter (nun) hlarch/ApHl 1989 Journal of F.nvinonnnental I lrnilh 199 i Ilefrrtnera b(icrltlttnl Spr.ir+ or rulridw Vote in Go- • hypothetical situation is that bacteria are ' adC(tllntCly rClnllled. I. Ili.•mnlrllr, f:l(, JA .iKrrF.I. !?,!!. !lrFctrr•, F'nrinrrtint! A/;.I F'..pirrn Ahrrnhinl. 11 if particle size mid organic nlntler nnnly Pad U.(i.Sh,m11197fi1,Influrnrrnl I?netnnunrn• 711. r 1 Inl tiuf•+a on Etimne1ri11on f•t Inditnbtr IbtsIrtIn 14. b(nubr.., G. stood A. 1'ekdt rr 19A1i). Su 1,1 sis iddlcate limited rettlydf Hoo, thell I%Vo (nnnNnlwnlll'nitr+.rt/•p.A/urr.burf 211AAft•191. and'1'nmcpt,tfo(1'athor.rrltcllnrlerin mild V, III addlL1011al prOCC(lW'C9 Catl be C11119i(ICI'Cd. 2. hutch,K.F.and L.Loork tier(19T41,(:rnlq,frqullh„ In I.rnund•.nlrr. In:IJrt,und IValrr Qunhtr.l AInrFe volume Of sOII Cnll be removednll(I 2nd Fit. Eoltr,Slnllrnrl. %%'mid,W.Oicrr,and V.I.McCerly leda.).•i- Ili "homo encouRl mixe(1"to nvvide n 1 enter 3• ('rant,S.11.and J.A.blunre(19R1).Ilnrlerinl 1'4/1• stall San.,N1',pr. 72•JR2. g Y 1 t lutbm of Gronndtceler.A Ilet9ew•, Il o(rr Ai►,Ssid 1rt. lift re,Il A..S C.Cmoornm mild bI.W.Lr depth for bncterin) releiiihm mud (lie-off. M11111.22:111•R1. n111rr 11!IR'1. Inllrlrnle fir Dilurool., hlydif I' The ndditiolt Of fines to file moll llldxim-c 4. 1)►nmlrnk,D.A.nr,d It lC 1,111 by I198It,I:.IIt1m1• M1•111ln ar,.•I'M 0.1a ntt l)rlrt l I'm rrf lltJ,rt tot V I. ttla OCCOIIAII(IIC Rome ql7 CCIIYe. Either Intl Ad"anpllon rot I'ol)c)rill Mooutnllc Ir)drutnr• Nis tie t'r•lilonn Ilnrlerin.App.E'nrirmt.Ahrr' I y accomplish I b,mit an Soll"..Snir,t'ri. 117:2112•:)')R. J:1:4:•111:1, acfivitysllouldbeComide1'ednAllot-t-term t; (;erbn• CT.. C. ICelli.. and.1.L. 4lrinlik 11911M. Ia. Mmiln,I1.1'.119P11.S1nresttiml SurttrnlnlI sodutionunlil furtherresearch Call provide Fate of(('n.trwnier Ilnelerin Allot V'inn.r+It,Soll, nitnldw fit 11,r hlnrtnr F.ncirumntnl. Adt. ,I definitive answers. ASCE.L /rrhor Mollie VW.11111111:1):I5;-1l 1.bioll:r.11.6:1T1 1119. 0. 1Initrdont,4'..F L hIr('oor,andT.NI.Italic 09i(11. 17. oliorll, 1'.1'. 119A:11, Ilecrnrch Nrrnl!t II Polenllnl far Crouml Water Cutllmnlnallnn hum Implir•nflnm r•I llnclrrin solid Pntem-ife.4 in Ili Septic Tank rIllu►nt..J Ell,irr,tt. t�uol. laAA Ab.mplt.rn forIVnstrwnlrr. Its- Iloilo- XNP 1 SU111111my 1. flrmlfickt. R'W.. V.I. rml, mind I),Il. I(hntrfmr Owl?tits HisrorrhNrrdrHo-lnhn�ln.�nflrlbtnr i ll 119T91.Ad.rrl'llnnnl llstcletlnonSolla,h'nfrrArr trf lVa'.•trrfrr•r, Fo t 11'Visit ollilm CO. It V. "rr Results froln recent rest II'cdl illtllcnt a that• Coil PoIltif. 12:119.2:12. S M.Mnrri•rnlyda.L Nnl.Scl.Foundation,V .I .;l hnclerionrelrm,9purledRrenlerdi9lnnces ll. Ilt,lu,Il.I).rindN'.RKotnr"11!1P11.r1rt/nnorl•rr• U1'. l•p 76•Io2. (inn to Genterhnirnl EooRtrtrrring. I4enllce•llnll, la. I'rlrr"tol,T.C. "loll It 1'. U'nrd(19A7), hncl tI1nI1.OrIglnally thollJ;hl 111 COnr9e gr0111e(I ;Il Ine..F,nitleword cldf.,N.1. llmtgnnl In(•t•ntct St,ilt Ilme"Ih(ht Silo-11' ,l soils. The re9Ult9IIldlCnte I lint 4 feet(1.Z 9, KerlclthorL SAV.. D.S. 1lrown, stood T.A. Scott w'nlrr'Itrntmettl S.-it rtnt. Calrrrndn-Slnte I '1 m) of suitable Roil is Ilot ade(ltlnte to pre- 119791. Sorpllnn of listImphuhic Pollutnttla on Eyt Shrruwt 7i•rh Anll, Nr. '111117./. Colt, i vent enteric linclerin from renching Antur- Nnor)ril Srdtfoonat 11 nM1 r Ilrt. 1a:'1.11.21R. Slnlr Ihdv.,Purl f'nllin..1'l/. ntC(I ROIIA beneath on-site wastewaterIn. ICJtllrhrrR,�.nnditl IlrrnlNN!nr11I!IAJl.titnt�"• 1l1, flu), 1('.Il and It A lbillirt 119A:f1, K10,11i ,lusthldutrdF.IlrctaunI1ntlerinlSurfnre(')rmnt• (11rnnicG.hrnls Ill 1,'nlrr-SnlmmedSoilAlntr lenchfields• Iril.lirt.rl/•pl Elstirnrt rlftr►nbinl IP:4191 G11;1. 1:mit000 (son► 11'ofrr,Cti. 7:2.11.247, I'xiRliog resultlliolis for n99esSiog the 11. I(Irllrhete,S..11A.I Ito mphrrV.aloof KV.binrelndl 211. Slrrlrkc, (i 119A41, Infloornre of Soil Mir suitability of soil for OII-site wnslewnter 119R:11.hdllnll'hn.etnlSlnlcn1lt,n stood Adhllyfir 1•oollrrhl,ou btriolmlir horr.ee.,rhowllt.A systems, therefore, neeJ to be revise(I or llnclrrin el Surfaces.App. E11Pirr1rl. Alirrnbull. !It,", "loll kl4.1"p of blicrnhr. stood Viru.e• I /6:9711•91it-1. 111tr•trrr Ilt,rr+nl,Grrf Motors,tits uwh Nohunl flrp replaced. Particle size mod di9tributioll 12. I.Khetrillier, M.W. rind II.A. MrFe(er+119R5r1, mulAh,rnh.� 1'.M.IlnnngnndM.Sclmilrer(r atlalysi9 nlld orgnllic Illnttercolltelltminl)•- Inleracllont rielween Ilorrolr"phlr I'lnte Could Sper.1'ub.R 17,Soil set Soc.Am..bledi+on ais provide better infornlntion regnr(ling hncletie Bled('olifoorm UrRnnlema.Appt f,'nt•irnn. till. •IM I!; bacterial retention in soil thalt methods Afrr►obi.d. 19:I128.11J1. 21. "Imirbcrrrr, .111.1•. 119111). Srlrrir-7inrh 11. LInnR, LN.:J.I. Sinclair. I-kt. binliory•, stood fit. Irrnr, 1'0l. 1.slihsur(,tr c I)i.yrn!AI nJ 11:1 ptle.I pi presently used. ❑ AL...!:;!l7E:),Falc In:iodrt F:ena.alettle till I:J16rrnr,hurtrf worth rub, has!am 91A. 1 • ,It � �L , of � tic Lac: cli(i Ad II rio i er Management Sylk)1113 ��ori»wa� You can expect better results and greater design flexibility Ina i ses Ilia •�'I.i 'r� �( Y Ili.1��'` • �; septic leachlield or slormwaler Infiltration system lI al u Infiltrator engineered system. F•t,�{ti •: :' 'f ?�' '+' ' r 1 �It., • High density molded polymer chambers impe(vious to .rail. }ti ,.,' 4- 1' --I. acid• sewage, chemicals and sunlight, easily ineels FI 1U r +l r' or H 2U loading. [: l r ''.`�. I • t ��L� it no- ' ' t =!,1r • Each unit, 76" x 3�1" x 15" (Iligll cr'11)acily)or 7G.r x N„ x 12' ! � '' �,. 1.,�''� �; � +►�' : �: (slandatd), oilers jar (lientill slolage cad)aCily and appiox• ' 1YJr, inialely 500 ib more inlill►alive surface area than found in traditional systems. �. "-i •` �:'�f �. '' • Inspection is quicker and easier to perform. and there's no r: Ij worry over ditty gravel and gravel compaction. Call or write for free brochure. 't� '' ,I•ia�'► .;i :Ai .t. •.,i,:r •t' /t�:,1�'t � J' it nisi A � /� -',�:_• ,. :i1' , ,,•...� : � i•;. ST EMS INC. !:' `.• .'.li( t:�►17'1,,,.='•� � � tom.:• �'. • 123 Elm Street to Suite 12 • Old Saybrook,CT 06475 7 ;:• yl( ht:jl�.. •t ►;�►t�xf 203-388-6639 Fax.+ 203-300-601u . . I 200 Juulnnl of Emifunnlcntnl Ilcnith Volumr fit. Numb l— PyoFTHETo�y TOWN OF BARNSTABLE RE,.��I,;En - -,OFFICE OF Hnna9T MASS. BOARD OF HEALTH PV - 7 i q 0 039. 367 MAIN STREET j I �MAY� HYANNIS MASS. 02601 YM. October 30, 1989 1:FFtt �, U0111iVl1d1.1 Thomas McClelland Down Cape Engineering Company, Inc. Route 6A Yarmouthport, MA 02675 Dear Mr. McClelland: Your request for multiple variances from Title 5 of the State Environmental Code, to install .an onsite sewage disposal system, on behalf of your client, Brian Ladner, at 137 Short Beach Road, Centerville is not granted. The proposed bottom of the leaching fields were designed to be constructed where the maximum observed groundwater elevation would be only'2.7 feet below the bottom of the leaching facility. However, the minimum separation distance required under Regulation 15.153 (3) The State Environmental Code Title 5 Minimum Requirements for the Subsurface Disposal of Sanitary Sewage is four (4) feet. You are reminded that the variances may be granted only when in the opinion of the Board, (1) the enforcement thereof would do manifest injustice, and (2) the applicant has proven that the same degree of environmental protection (required under this Title) can be achieved without strict application of the particular provision. You did not show manifest injustice, and you did not prove that the same degree of environmental protection can be achieved with your design. The Board is of the opinion that granting the variance you requested would violate the Intent of the minimum requirements. Sin erely yours, rover C. M. Farrish, Chairman 0�'�0AAQ. U,IO cz c� Ann Jae Eshbaugh J gOA mes H. Crocker, RD OF HEALTH TOWN OF BARNSTABLE GF/bs copy: Attorney Brian Garner �Q�oFINE ro�o TOWN OF BARNSTABLE OFFICE OF = BAR35TABL BOARD OF HEALTH M"11 11639' ��� 367 MAIN STREET HYANNIS, MASS.02601 December 8, 1989 To: Mr. Robert Smith Town Attorney Ms. Ruth Weil Assistant Town Attorney From: Thomas McKean, Director of Public Health Re: Complaint / Ladner verses Board of Health I am in receipt of a copy of the summons regarding Sullivan verses the Board of Health with statements. I offer the following comments to the following numerical statements: #9. Not true - A true sand "filter" system is not proposed. Only a 2.7 feet sand layer is proposed between the leaching facility and the adjusted groundwater table. Intermittent sand filters are beds of medium to coarse sands, usually 24 to 36 inches deep and underlain with gravel containing underdrains. Primary and secondary effluent is intermittently applied to the surface and purification of the effluent occurs as it infiltrates and percolate through the sand bed. Underdrains collect the filtrate and convey it to additional treatment processes. (see attachment #1 ) #10. Not True - The "brief" submitted, exhibit A, did not contain evidence that the Board had granted seven (7) abutters greater variance relief than that requested by Ladner within the past year. Exhibit A - Not True due to the following: - Hill, 56 Short Beach Road, Centerville. Health Department sent a letter requesting voluntary compliance on September 15, 1987. Plans were received from Downcape Engineering dated 4/25/88, revised 7/5/88. Variance letter from Board dated 7/12/88, not October 14, 1988. - Maher, 65 Short Beach Road, Centerville. Health Department sent a letter dated September 15, 1987 requesting voluntary compliance. Plans from Downcape Engineering dated May 18, 1987, revised July 5, 1988. Variance letter from Board dated July 13, 1988, not October 14, 1988. Frank Wachter, . 64 Short Beach Road, Centerville. Health Department sent a letter dated September 15, 1987 requesting voluntary compliance. Plans from Downcape Engineering dated 5/20/88, revised 7/5/88. Variance letter from Board dated July 13, 1988, not October 14, 1988. - William McGrath, 59 Short Beach Road, Centerville. Health Department sent a letter dated September 15, 1987 requesting voluntary compliance. Plans from Downcape Engineering dated 4/21 /88, revised 7/5/88. . Variance letter from Board dated July 12, 1988, not October 14, 1988. Tellier, 55 Short Beach Rd. , Centerville. Health Department sent a Notice To Abate Violations letter dated September 9, 1987. Downcape Engineering plans submitted dated 5/31 /88, revised 7/5/88. Variance letter from Board dated July 12, 1988, not October 14, 1988. Tellier, 118 Short Beach Road, Centerville. Health Department sent voluntary compliance request letter dated September 11 , 1987. Downcape Engineering plans dated 5/10/88. Board granted variance, letter dated July 11 , 1988, not October 14, 1988, to install leaching facility 3 . 1 feet above the maximum adjusted groundwater table, which is less variance relief . than requested by Ladner. Hines, 127 Short Beach Road, Centerville. Health Department sent a letter dated September 15, 1987, requesting voluntary compliance. Downcape Engineering plans submitted dated 2/23/88. Board variance letter dated July 12, 1988, not October 14, 1988, to install the proposed leaching facility 3. 1 feet above the adjusted groundwater table, which is less variance relief than requested by Ladner. In addition, the following persons within this area have received less variance relief than Ladner: - Driscoll, 1230 Craigville Beach Road,Centerville. Board variance letter dated June 20, 1989, 4. 0 feet above maximum groundwater table required. - Shields, 62 Long Beach Road, Centerville, Board letter dated May 6, 1988, to allow use of existing septic system installed in 1979 with it ' s leaching facility 3.8 feet above maximum groundwater table. - Frederico, Lot 17 Lake Elizabeth Road, Centerville, Board letter dated May ., 8, 1989, and June 26 1989, 4.0 feet above maximum groundwater table required. - Frederico, Lot 19 Lake Elizabeth Road, Centerville, Board "letter dated May 8, 1989 and June 26, 1989, 4.0 feet above maximum groundwater table required. - Sowdrya, 15 & 17 Sunset Avenue, Centerville, Board letter dated February 5, 1989, 3.0 feet above maximum groundwater elevation. Haseotes, 309 Long Beach Road, Centerville, 4.0 feet above maximum adjusted groundwater table. - Richter, Lot 29 Short Beach Road, Centerville, 3.0 feet above maximum adjusted groundwater table. Board variance letter dated March 30, 1989. Richter, Lot 30 Short Beach Road, Centerville, 3.0 feet above maximum adjusted groundwater table. Board variance letter dated March 30, 1989. #11 . Not True - The plans submitted which showed only a 2. 6 feet separation distance to groundwater below the bottom of the leaching facility, would not provide the same degree of environmental protection that would be provided without strict application of 310 CMR 15. 15. It provides only 84% of the protection. (See exhibit D) Also, the applicant has not proven that enforcement of Title V, the State Environmental Code, would do manifest injustice. 13. Not True - The decision of the Board denying his request for a variance has not prejudiced the rights of Mr. Ladner because the Board' s decision is within it' s jurisdiction, made upon lawful procedure, is supported by sustantial evidence, is reasonable, and is unbiased. During May 1989, Dale Saad, the Coastal Health Resource Coordinator told the Board of Health members there is no possibility of the installation and/or connection of the dwellings and septic tanks installed in this area into small wastewater treatment plant( s) . Therefore, the Board' s variance decisions after May 1989 reflected upon that information. ox Telecopier 7020 ; 8-23-89 12:40 6174268350-+ 7753344;# 4 Attachme t #1 EXECUTIVE SUMMARY Intermittent sand filtration of wastewater is not a new technology. Sand filters were often used by sewered communities around the turn of the century. However, as wastewater flows and land costs increased, they were e replaced b mechanical treatment processes. Recentl Y> as the need for to cost facilities in rural areas has grown, intermittent. filters have received increased use again. Intermittent sand filters are beds of medium to coarse sands, usually 24 to 36 inches deep and underlain with gravel containing underdrains. Prim ry or secondary effluent is intermittently applied to the surface and purification of the effluent occurs as it infiltrates and percolates thro gh the sand bed. Underdrains collect the filtrate and Convey it to additional treatment processes and/or discharge. Intermittent sand filter design concepts include buried filters, open single-pass filters and open recirculating sand filters. Laboratory and field investigations have demonstrated that intermitte t sand filters can produce very high quality effluents. Concentrations of effluent BOD5 and TSS are typically less than 10 mg/l with ammonia nitrog n less than 5 mg-N/L. Only limited removal of phosphorus and fecal colif or bacteria are achieved, however. Design considerations important to achieving this level of treatment include pretreatment, media characteristics, hydraulic and organic loading rates, temperature and filter dosing techniques. Il Operation and maintenance are important to achieving high levels of treatment and to maintain long filter runs. Raking of the sand surface, resting and periodic removal of the surface sand are commonly employed. Energy requirements of intermittent ;ilters are less than approximately 0.28 HP-hr per 1000 gal . (0.055 kWh per m ) of processed flow. Intermittent sand filters compare favorably in economics and performance with extended aeration package plants and lagoon systems. Compared to extended aeration units, intermittent filters possess a lower present worth cost, consume substantially less energy, produce a more consistent and high quality effluent, but require more land area. Compared to facultative lagoons, intermittent filters possess a lower present worth cost, consume slightly more energy, produce a substantially .higher quality effluent an require less land area. Operational requirements for these filters are significantly less than for extended aeration units, but more than for lagoons. Intermittent sand filtration represents an\ attractive wastewater treatment process that can satisfy the significant treatment needs of small communities. Sixty-three percent of the communities needing wastewater treatment systems by the year 2000. have wastewater flows less than 0.106 MGD, a rate for which sand filtration is ideally suited. Despite the long historical use of intermittent sand filters and the recent increase in their use, their performance capabilities have not be n fully optimized. Further investigation is needed to optimize relationsh ps between design criteria and performance capabilities. The development o a data base regarding the design and performance of full-scale plants as w 11 as their operation and maintenance requirements and costs would facilitate his effort and provide other needed data as well . SENT BY:Xerox Telecopier 7020 8-23-89 12:41 6174268350-► 7753344;# 5 capabilities. The development of a data base regarding the design and performance of full-scale plants as well as their operation and maintenance requirements and costs would facilitate this effort and provide other needed data as well, SENT BY:Xerox Telecopier 7020 ; 8-23-69 ; 12:43 ; 6174268350-+ 7753344;# 9 1 SECTION 1 TECHNOLOGY DESCRIPTION INTRODUCTION More than 23 percent of all housing units in the United States are beyond the reach of public sewers and approximately 350,000 new homes are being built each ye r in unsewered areas. Traditionally, wastewaters from these homes are treated and disr osed of by septic tank-soil absorption systems. Many of these systems have failed bees a of unsuitable soil and site conditions, poor design and installation and lack of mainten nce. Where failures are widespread, communities are forced to consider construction of public collection and treatment facilities. Due to low population densities, conventional sewage collection and treatment is often too costly. It is not wieommon for residents of small communities to pay two or three times as much for sewer services as residents of larger municipalities. The in pact of these user charges on family budgets can be quite severe because the average annual incomes in rural communities are significantly lower than in more urbanized areas. As a result, plans for construction of needed facilities are often rejected and public health hazards, nuisances and environmental degradation from improperly functioning septic tank systems continue while economic development is impeded. Less costly but equally effective alternatives to conventional sewerage are needed. Significant savings to the community can be made by reducing the operation and maintenance costs of the treatment plant. The costs of construction are usually el Bible for grant assistance from various funding agencies, but the day-to-day costs of OPet ating and maintaining the facility must be borne solely by the community. Conven tonal treatment plants are often highly mechanized and require substantial attention by a skilled operator. Most small communities do not have the skilled personnel or financial resources to provide the needed operator. Simple, low maintenance treatment processes which can achieve required effluent standards or avoid effluent discharges into surface waters are needed if user charges are to be kept within realistic limits. Intermittent sand filters are one such alternative which are ideally suited to rural communities, small clusters of homes, individual residences and business establish- ments. They can achieve advanced secondary or even tertiary levels of treatment consistently with a minimum of attention. They are also relatively inexpensive to construct and have low energy requirements. Because of these advantages, their use in rural management districts and small communities is expected to grow. PROCESS DESCRIPTION Intermittent sand filters are beds of medium to coarse sands, usually 24 to 6 in. deep underlain with gravel containing collection drains. Primary or secondary effluent is intermittently applied to the surface and percolates through the sand to the bott m of the filter. The underdrains collect the filtrate and convey it to additional trea ment processes and/or discharge. The treatment processes are complex, Involving physical, chemical and biological mechanisms. Straining and sedimentation of suspended solids occurs between the sand grains and chemical sorption on the grain surfaces plays a role in the removal of some SENT BY:Xerox Telecopier 7020 ; 8-23-89 ; 12:44 ; 6174268350-4 7753344;#10 ' 2 materials. However, it is the biological transformations that occur within the alter which are the most significant (Calaway, 1957). Since these are most efficient Mder aerobic conditions, intermittent application of the wastewater and venting of the underdrains helps to insure aeration of the sand. Biomass and associated waste byprod- ucts develop during treatment and are retained within the filter. Biological degradation including endogenous respiration helps to minimize solids accumulations. However, with time, accumulations of biomass and other particulate matter may build up near the ilter surface to such a degree that the sand bed must be rejuvenated to restore the hyd aulic capacity of the filter to an acceptable level. PROCESS DESIGNS Buried Sand Filters Buried sand filters are constructed below grade and covered with backfill material (Figure 1). A 4 to 5 foot deep excavation is generally made. The underdrains are surrounded by graded gravel or crushed rock and the upstream ends are brought t the surface and vented. A thin layer of fine ravel is commonly laced over the larger Y g YP 14 gravel to prevent piping of the filter sand into the underdrains. After placement cf the filter sand, another layer of washed graded gravel or crushed rock is laid over the filter surface along with the distribution piping for wastewater application. These pips are vented to the ground surface at their downstream end. The entire filter is then backfilled. Buried filter designs are most commonly used for very small flows such as those from single homes and small commercial establishments. These filters are designed to perform for very long periods of time (up to 20 years) without the need for operation and/or maintenance. Open (Single Pass) Sand Filters Open (single-pass) sand filters (Figure 2) are similar to buried sand filters except that the surface of the filter is left exposed and higher hydraulic and organic loadings are generally applied. In cold climates, removable covers may be used. In addition to perforated distribution piping, the wastewater may be applied by flooding the surface periodically or through spray distribution. These filters are used for individual horr es as well as larger flows from small communities or industries (up to 0.2 MGD). Recirculating Sand Filters Recirculating sand filters are open filters which utilize somewhat coarser media and employ filtrate recirculation. Wastewater is dosed from a recirculation tank ohich receives both settled waste (e.g., septic tank effluent) and the filtrate (Figure ). A recirculation rate of 3:1 to 5:1 is typical. A portion of the filtrate is diverted for further treatment or disposal during each dose or when the recirculation tank is full. (The a fil- ters have been applied to both individual homes and small communities (up to 0.2 M D). SENT BY:Xerox Telecopier 7020 ; 8-23-89 12:44 ; 6174268350-+ 7753344 411 3 ENTS DISTRIBUTION BOX tI io.J k I' ► IL to I HOUSE SEWER SEPTIC TANK '� :i •' :, t"• ,�, . DISCHARGE it R111 _ WI IN$PECTIC}N/DISINFECTION TANK (IF REQUIRED) PROFILE TOP $OIL FILL DISTRIBUTION LATERALS DRAINAGE .► } 0 IN. 1.` 4' d�` ;g!{�fli ��,;st;P� ,�a,.��Ali;► i,..,•;p, f �• =i' GRADED GRAVEL qt "kp' j r•�" : v��n 9�I-d01N. .,ith'fi"� i!Y` Oy � :llittl�h �r,t $14' TO Zt/!" �!k�t�til?,t�e14ytti�htt}. t�.?%';M�fP;S�iUy11• �Y'� �; �1•ICn�f����n,�, ,'�'t4�',h�•�f nyC.l I1 aV.e���1.�.l Jta�-t�!'i��e,t�;3G�!�.�i 3 IN fl •id1►..:...7'i'.'(!.TR7^.+.*n`•8'�'�n,#'.•i•}:5�;�H,1.y,M:rr i?9kSi,sPy!s M!1 !�!t. , PEA GRAVEL a Ii IN. GRADED GRAVEL �/;'T01 t/t• UNDERDRAIN SECTION Figure 1. Typical Buried Sand Filter SENT BY:Xerox Telecopier 7020 ; 8-23-89 ; 12:45 ; 6174268350- 7753344;#12 ' , y 4 INSULATED COVER I' (IF RECUIRED) DISTRIOUSTION PIPE. SPLASH 'VENT PLATE PIPE pr tv� '•• 'd'�I~r•R NS 'P.I1�'n!� fll �AS IPA;al'`1V�' yl�`:t�•'� hl\ta:�(j ¢!'� y.a.. c � „� a .1i :'HA � .�fbl�.� �l1• Pip•.;.. „S"•4',��A►UeUo ;F��rt/Q�V tV� ,�i'.9aa �;P:ti' y''�l�'l�i�'ei��.rq..�11;'� �• 4 .r .� d ° r co-. ;i 0 �� ���.. ��nM 1�,•`. b41' '� 'ejr�taV`':i�•Q4iiY�Q�,�'.t�?• �4�� `;?'o:'�; Rp»rdu.��,�.tita,���:• PEA GRAVEL ,y �'a' ; 'y? ,' 0 ;}'' tt. t ;I •�Q: �, 1: ; r DISCHARGE t' ' .�: �• r• : ..�. �10' CONCRETE SLAB GRADED GRAVEL COLLECTION PIPE PERFORATED OR OPEN J INT W4 TO ttig• Figure 2. Open (Single-Pass) Sand Filter RAW WASTE PRETREATMENT t . �•:"�' r, UNIT •1 '�' A�1^� SEPTIC TANK DIVERSION 3 EFFLUENT FILTRAT ' VALVE FREE ACCESS aAND FILTER DISC ARt1E RECIRCULATION TANK SUMP PUMP Figure 3• Typical Recirculating Sand filter i .SENT BY:Xerox Telecopier 7020 ; 8-23-89 ; 12:46 6174268350-► 7753344;#13 5 SECTION 2 DBYTI.UPMfi NT STATUS The full-scale use of intermittent sand filters as a secondary wastewater treatment process is in general_ not a new technology. They were frequently used by sew ered communities around the turn of the century. However, as wastewater volumes increased and land costs rose, they were replaced by mechanical treatment processes. my recently, as the need for low cost facilities in small communities is growing, lave intermittent filters been re-employed. (Salvato, 1956; Teske, 1978; Evans, et. al., 978; Ronayne, et. al., 1982; Curran, et. al., 1983). The design and performance characteristics for a number of community-kale intermittent sand filters have been compiled in Tables 1 and 2. Most facilities are pen surface filters of single-pass or recirculating design serving small communities with design flows up to approximately 120,000 gpd. Pretreatment consists of sedimenta- tion/digestion in imhoff tanks or sytic tanks. Individual filter units typically have surface areas of less than 11,600 ft and media depths of 2 to 3 ft. Filter media are exclusively sand of medium to very coarse grain size (0.25 mm - 2.00 mm). Mul iple filter units are provided with one or more standby units for use during filter maintenance or periods of increased flows. Filter effluent is disinfected using chlorine or uitrav'olet irradiation with final disposal to infiltration basins, ditches or water courses. In ome cases effluent is discharged into subsurface absorption trenches without disinfection. Table 1 lists several facilities for which data are available. Most of these facilities were put into operation since 1976, although one of these intermittent filters has been in operation since 1953. The performance of full-scale intermittent sand filters, both single pass and r cir- culating, appear to be consistent with laboratory and field studies. A high qt ality effluent is produced. Concentrations of BOD5 and TSS equal to 10 mg/L or les and nitrification of 80 percent or more of the applied ammonia are typically achieved ("able 2). Removals of phosphorus are limited and reductions in fecal coliform bacteria ar less than two logs, slightly.less than might be expected. Further developments in intermittent sand filter technology as generally, uti ized today are likely. Several process modifications have been investigated as means of enhancing the effluent quality produced by intermittent filters. Increased remov 1 of soluble organics and phosphorus has been demonstrated with mixed media of 6anc and chemically active substances such as silt and clay soils, limestone fragments or actil ated carbon (Schwartz, et. al., 1967; Brandes, et. al., 1975). Increased removal of coli orm bacteria may be achieved with filters comprised of multiple layers of sand of decreasing particle size (Scherer and Mitchell, 1982). The application of modifications such as these in full-scale facilities awaits further demonstration. A promising development in the application of intermittent sand filters inv Ives their use prior to wastewater absorption in subsurface soil absorption systems. Ir this capacity, recent data suggests that sand filters may enable increased hydraulic loading p g typically rates, as much as 300 percent higher than t icall possible with conventional septic tank effluent (Ronayne, et. al., 1982). The equipment and hardware typically utilized in intermittent sand filters should be available locally in most municipalities. The critical component is the media, which often is also available locally. EXHIBIT "A" 1. Ruth .Hill, 56 Short Beach Road, approved 2 foot variance, October 14 , 1988 . 2 . William Maher, Road, approved 2 October 214 , 1988 - 3 . Frank Wachter, 64 Short Beach Road, approved 2 foot variance, October 14, ,1988 . 4 . William McGrath, 59it October Beach ol4 , 1988- approved 2 foot varance 5 . Gerald Healy, 16 Short Beach Road, approved 2 foot vriance, December 22, 1988 . 6 . Tellier, 55 Short Beach Road, approved 2 .4 foot variance, October 14, 1988 7 . Tellier, 118 Short Beach Road 14, 1988 . approved 3. 1 foot varianc , . 8 . Hines, 127 Short Beach Road, 14,14, 1988 - PP a appr oved 3 . 1 foot i Exhibit "D' Brief Barnstable Board of Health Request for Variance on Vertical Separation "Groundwater to Bottom of Leachinq_Facility" FACTS. The Applicant is the owner of a dwelling located at 137 Short Beach Road, Centerville, MA, shown on Assessors Map 206 Parcel 047 . Applicant had earlier received a notice to abate violation ( 310 CMR 15 . 00) for a failed septic system. The Applicant has applied for a disposal works construction permit i and the Boa rd has determined that a variance from the Barnstable Boa P regulations Board f Health would be necessary. The variance relief requested is from Regulation 15 . 13 ( 2 ) to allow the distance from bottom of the leaching facility to the maximum . groundwater elevation to be reduced to 2.. 7 feet in lieu of the required 4 . 00 feet. The applicant has submitted other variance requests with respect to sideyard setbacks and similar situations that are the subject of a variance application previously submitted. However, those variance requests stem from the previously existing p y' n septic system and are not material to the relief requested herein. RELIEF SOUGHT. Pursuant to 3 . 10 CMR 15 . 20, Applicant seeks a variance from Regulation 15.13 ( 2 ) to reduce from 4 feet to 2 .7 feet the distance between the bottom of the leaching facility to be repaired and the maximum groundwater elevation. ARGUMENT. Regulation 15 . 20 of the Code of Massachusetts Regulations specifically grants authority to the local Board of Health to grant a variance of any provisions of that title with respect to any particular case when the enforcement thereof would (i) do manifest injustice and ( ii) when the same degree of environmental protection can be achieved without strict application of the particular provision. The Board of Health mailed to the Applicant a notice to abate violation for a failed septic system in 1988 . The Applicant has applied to the Board of Health for all necessary permitting to allow for the upgrade and repair of the existing failed system. The topography and conditions specifically affecting Applicant 's lot will require a reduction in the 4 foot distance required between the bottom of the leaching facility and the maximum groundwater elevation. The Applicant has, through its engineer, spent considerable time and expense to engineer a system that far exceeds the 2 foot minimum which is allowable under the regulations of the Department of Environmental Protection. The Applicant seeks a 1 . 3 foot variance rather than the maximum allowable variance of 2 feet. i ' . 1 The Board of Health has within the past year granted much more extensive 2 foot variances to a number of other owners of dwellings in the immediate surrounding area (see attached Exhibit "A" ).. The variance requested by Applicant represents only 66% of the variance granted to similarly situated owners by the Board of Health in the past. To.. comply with the groundwater distance regulation as it p y currently exists would work a substantial hardship on the Applicant without a -.concomitant health benefit. Substantially more excavation and construction must take place to comply, including the construction of a 2 foot high concrete retaining wall around the entire septic system. The likelihood of potential damage to. the lot or the dwelling and the potential increased maintenance costs are substantial. The Applicant respectfully submits to the Board that granting of a variance to Applicant will still provide the same degree of environmental protection. According to the attached article provided by the Board of Health, the 2 foot variances granted earlier by the Board provide approximately 65% of the bacterial protection that would be afforded by the existing regulations . However, the Applicant's proposed 2 . 6 sand . filter will provide approximately 84% of the protection found in a 4 foot sand filter, an increase in effectiveness of 30% of the previously granted variances . The variance, if granted by the Board of Health, would also provide approximately 86% of the effectiveness provided in the required 4 foot sand filter. eff p q The Board should note that this proposal is a thousand fold more -efficient . and protective of the environment than the . existing system which has been, deemed failed by the Board of existing regulation ation would the exi Health. The cost of complying with 9 9 entail many thousands of dollars and an extreme burden on the quiet use and enjoyment of the property to which Applicant has come to expect. The proposed variance request will provide almost 86% of the protection afforded by the existing regulation while working to remove a substantial hardship from the Applicant. WHEREFORE, the Applicant respectfully requests the Board to grant its request for a variance from regulation 15 .13 (2) . Respectfully submitted, Brian R. Ladner, Applicant By his attorney, Brian F. Garner Dated: October 3, 1989 ' 2 �a �QyoFINETo�o TOWN OF BARNSTABLE OFFICE OF Bsaa9TSBa i BOARD OF HEALTH 1039. �9 367 MAIN STREET F4 MAY k' HYANNIS, MASS.02601 December 8, 1989 To: Mr. Robert Smith Town Attorney Ms. Ruth Weil Assistant Town Attorney From: Thomas McKean, Director of Public Health f Re: Complaint/Sullivan verses Board of Health I am in receipt of a copy of the summons regarding Sullivan verses the Board of Health with statements. I offer the following comments to the following numerical statements: #9. Not true - A true sand "filter" system is not proposed. Only a 2.6 feet sand layer is proposed between the leaching facility and the adjusted groundwater table. Intermittent sand filters are beds of medium to coarse sands, usually 24 to 36 inches deep and underlain with gravel containing underdrains. Primary and secondary effluent is intermittently applied to the surface and purification of the effluent occurs as it infiltrates and percolate through the sand bed. Underdrains collect the filtrate and convey it to additional treatment processes. (see attachment #1 ) #10. Not True - The "brief" submitted, exhibit A. did not contain evidence that the . Board had granted seven (7) abutters greater variance relief than that requested by Ladner within the past year. Exhibit A - Not True due to the following: Hill, 56 Short Beach Road, Centerville. Health Department sent a letter requesting voluntary compliance on September 15, 1987. Plans were received from Downcape Engineering dated 4/25/88, revised 7/5/88. Variance letter from Board dated 7/12/88, not October 14, 1988. SECTION - SEWAGE ASSESS. YtbP-ZOb pe.Y-�EL� -4� FLo4UZONE d 1S (�L..11� -SEPTIC TANK- -LEACH1S6 1 (MSLI0 _REMOVVF buy VN5UITap0a _S 50)�_ WASHED STONE Ede F� j wITH111 d t0'f2.&DIUs OF L.ElaG11lN Ca pt, ,5 :_L7_G is W*Sr_c FOSS.IBLE. IeEPL dCE ti roG I GL.E:&S mr1)' SAND, 0.15 MIN. COVER TO 60Am- (G.94 sq4 �9 S OUT• PG"�' LE+4C4i FI E_L.D IN• I V'f}OX EL. IN• �j �OTN 3 ro �30•x 15 ) :i SEPTIC mop fumF> rr 5.7(o TANK rj•�JI L/ TErj�4� :,3 / l PUMP GHAMA ELEV. ELEV. ELEV. . ELEV. / 5.4� / -.SE?TIG TeNK TEES TO EY,TEI•IDTO _ [Fr.ITEQ OF rh'KK 5a AS To ESE. � ELEV z'� O fl{Qt=C.'TL`( UNDCL' MLI.{-10L� LoV�AS , aD�J. t� 1-EIZ LEVe-u - z.-7 /� �tio 111LtcT TEE To ExTEt1D ID'EELOW INVEeT. �I / -o � O - OUTLE.T TEE Ta E%TEsSb 14"g1=LOW th1YE1±'f ` 2. OF IA 1Sh� 4, WASHED STONE / 13 , R M ZM5 Sru14 PV P N� 6 W 1 T1­1 GONG.,TMP CHAR �c}c¢ I,iNl IA�ES Ot�"EQVAL� O$�1-�Y�t7 QAT£TZ.= 1•3 �c&fi,s tr TEST HOLE LOG it s S \o,� STAoc 1 I 4 \tij I ./� CRCj 1 if TESTBYDNITNESSG TEST DATE l'22'65 , 2-19-88 DESIGN Q BEDROOM HOUSE Y 6 F-XISf GE3Spt�L S l T.H. 1 T.H. 3 ' C"ll, FILL) Q¢ 2, ; ELEV. 5.2 ELEV. er 7. 1 2.5' —� 3 - L oeN G 2 DISPOSER DISPOSER \\ ~ �� 6AS 5ERY l CE FILL FLOW �•3 PERC RATE MIN/IN. IS" FLOW RATE 1 0 x ¢ (GALJDAY) 4-4-0 1 4' ,- s_6_ufl c a G.e 4 SEPTIC TANK 4-4 0 V.51= r to Lvj, weTEe@ REQ'D SEPTIC TANK SIZE ,93,/ ►� . PT EL.3.3 ` 6 3a loos LEACH FACILITY \ ! %�� �' CL E WALL SIDE WdT6>= C� N� >1 EL.1.5 _ D. aDJusT�o BOTTOM 301115 '5F r i•a ) �5o G/D. 5LN karts¢ EL.2.-1 TOTAL 450 G/r� (off\ t/T qa j 60" 0.2 tdeTFIZO 6 6 gl' 1'3 USE: �� LEACHING �IE-1E \ C \ �� / Q% \ / / EL. 1,- WATER ENCOUNTERED U5 G S. WELL DIs'Td M�S ��N�) � ,C� 1-1) NOTES (UNLESS OTHERWISE NOTED) WILL -TSV-4 - 6cl IZ. AUYAbblTIdNAL CIESSTQX$C N�Q v �e o N E A. 17c Foutip mi"64 CoN' TW Tk0N ,� \ 1.DATUM r TAKEN FR M N G Y D do V U$T NE r.IT *1 = t.B �0 BF- R�/ 1Pi=D p`ND ��Ld.EA ��, /` Q ___ a 2.MUNICIPAL WATER �"i USE � AVAILABLE3 4 W�T+1 N►Gb SA►�1n 3.PIPE PITCH:%"PER FOOT / GdTGN $e51N 4.DESIGN LOADING FOR ALL PRE-CAST UNITS:AASHO- -'O .44 S.MIN.GROUND COVER OVER ALL SEWAGE FACILITIES:(1)FT. 1 6.PIPE JOINTS SHALL BE MADE WATER TIGHT 7.CONSTRUCTION DETAILS TO BE ACCORDANCE WITH COMM.OF MASS. STATE ENVIRONMENTAL CODE TITLE 5 cumA — SITE PLAN $.'fW,5 PI.A►1 fob PfDPOrlgp wam o jvr 4 'CipoiLD ►.lo'f w tip w � f �`�1" of � Locus: )3'1 5 H o 11=T 5 E a CH W o 4P _. (�KoPf:�i� L.IIJ� �AI'J q•SG}4r:D�t-E: '4� PVG'f0 BE iJ� '(til' 'f h�p'fiC �tM,. L----- i �Ia�E ENGINEER H. tD.vEe16N EN6iNES>z To IN4P6CT d CERTtpy kLL C.OT15TTi U tTtON. � " WALA �E REF: L C P * R2 58 L Al. COWTKAC-Te¢ To Y�.LIFy %_aC&-r%0,! 0r WAR'ETtt-t1.1£S PT TIME OF 1 I � COW4T7eUcTIoN, tP k1LT>:R�-{1iE5 Ae'E WITI{IT4to' of LESC%AING &ZE-& down cape engineering PREPARED-FOR: HRIdFJ LdDNER it�Loc4T£ so JS -ra BEto'111NiMVN, IF sEwett t"NB.S. GRosS Wsrse CIVIL ENGINEERS 'r�D L LINES BOTH P{?PS To 8E 156 L6, PReSsuLE CL°.55. LANDSURVEYORS ----- BOARD OF HEALTH + ore Main 8L RE D SURVEYOR Q ----------- CONTOURS �� Qp (EXISTING) i 19=2�, Z• C7 l (PROPOSED)—O—O—O-0— APPROVED DATE MA .w� �H E Q� Z SCALE . „ V15t 13 Bq GATE 6_7 490