HomeMy WebLinkAbout1645 FALMOUTH ROAD/RTE 28 LTr_UI 11 .llm LiL10K WW_1 L1W 11
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY& ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
GROUNDWATER
N WATER DISC
HARGE PERMIT
Name and Address of Applicant: Cotuit Equitable Housing,LLC,c/o Bayside Building, 1645
Route 28,Centerville, Massachusetts 02632
Date of Application: June 22,2007
Application/Permit No. SE 40-850
Date of Issuance: September 14, 2010
Date of Expiration: September 14,2015
Effective Date: September 14, 2010
I'
AUTHORITY FOR ISSUANCE
Pursuant to authority granted by Chapter ter 21 -Sections 26-53 of the Massachusetts General
Laws, as amended, 314 CMR 2.00, and 314 CMR 5.00, the Massachusetts Department of
Environmental Protection the Department)hereby issues the following permit to: Cotuit
Equitable Housing,LLC (hereinafter called "the permittee") authorizing discharges from the on-
site wastewater treatment facility to the ground located at Cotuit Meadows Subdivision, 9999
Falmouth Road,Cotuit, Massachusetts(a 124 lot, single family residential subdivision)such
authorization being expressly conditional on compliance by the permittee with all terms and
conditions of the permit hereinafter set forth.
G � 4 Zc>lU
rian A. DudleyLq 1 Date
Bureau of Resource Protection
This information is available in alternate format.Call Donald Rt.Comes,ADA Coordinator at 617-556-1057.TDD Service-1-800-298-2207.
DEP on the World Wide Web: http://www.mass.gov/dep
Zia Printed on Recycled Paper
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II)
I
I. SPECIAL CONDITIONS
A. Effluent Limits
I,
The permittee is authorized to discharge into the ground from the wastewater treatment
facilities for which this permit is issued a treated effluent whose characteristics shall not
exceed the following values within one month of startup and continuing thereafter:
I ,
Effluent Characteristics Discharge Limitations
I
iI
Flow 59,000 GPD
Oil and grease 15 mg/I
I ,
I ,
Total Suspended Solids(TSS) 30 mg/l
I ;
Biochemical Oxygen Demand,5-day @20°C 30 mg/l
(BODS)
Total Nitrogen 02+NO3 +TKN * 10 m maximum day)
7 m annual average)
g )
Nitrate-Nitrogen* 10 mg/l (maximum day)
7 mg/L(annual average)
III
* Refer to section C. Nitrogen Offset and Appendix A
it
a) The pH of the effluent shall not be less than 6.5 nor greater than 8.5 at any time or
not more than 02 standard units outside the naturally occurring range.
b) The discharge of the effluent shall not result in any demonstrable adverse effect
on the groundwater or violate any water quality standards that have been
promulgated.
c) The monthly average concentration of BOD and TSS in the discharge shall not
exceed 15 percent of the monthly average concentrations of BOD and TSS in the
influent into the permittee's wastewater treatment facility.
d) When the average annual flow exceeds 80 percent of the permitted flow
limitations,the permittee shall submit a report to the Department describing what
steps the permittee will take in order to remain in compliance with the permit
limitations and conditions,inclusive of the flow limitations established in this
permit.
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B. Monitoring and Reporting
IN FLUENT:
The ermittee shall monitor and record the quality of the influent waste
stream to the
P II
facility according to the following schedule and other provisions:
Parameter Minimum Frequency of Sample Type
Analysis
BOD; Monthly 24-Hour Composite
Total Suspended Solids Monthly 24-Hour Composite
Total Solids Monthly 24-Hour Composite
Ammonia Nitrogen Monthly 24-Hour Composite
i
pH Daily Grab
Oil& Grease Monthly Grab
Volatile Or anic Annual Grab
g y
Compounds*
- * (USEPA Method#624)
EFFLUENT:
The permittee shall monitor and record the quality and quantity of effluent at the effluent
um chamber to the leaching area accor
ding to the fol
lowing schedule and other
pump g g g
prov
isions:
isions:
Parameter Minimum Frequency Sample Type
of Analysis
Flow Daily Meter reading
pH Daily Grab
Total Suspended Solids Monthly 24-Hour Composite
Total Solids Monthly 24-Hour Composite
Oil & Grease Monthly Grab
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BOD5 Monthly 24-Hour Composite
Nitrate Nitrogen Monthly 24-Hour Composite
Total Nitrogen(NO2+NO3+ Monthly Calculation
TKN)
Total Phosphorus' (as P) Quarterly Grab
Orthophosphate'(as P) Quarterly Grab
Volatile Organic Compounds2 Annually Grab
'After one full year of monitoring the Total Phosphorus and Orthophosphate results,the
Department may determine,upon the request of the permittee,that the frequency of
monitoring may be reduced if, in the judgment of the Department,the results of the
sampling indicate that existing phosphorus levels will not adversely impact downgradient
receptors.
a USEPA Method#624
2) The permittee shall install the approved monitoring wells at least 90 days prior to
treatment facility start-up. The permittee shall sample the upgradient monitoring well
MW-4, and the downgradient monitoring wells MW-1, MW-2 and MW-5 as shown on a
plan dated April 27,2010,prepared by SGC Engineering and titled"Figure 1,Monitoring
Well Exhibit,Cotuit Meadows,9999 Falmouth Road,Cotuit-Barnstable,Massachusetts".
$ Labels identifying each monitoring well's identification in accordance with the above-
referenced approved plan shall be affixed to the steel protective casing of each monitoring
well.
The permittee shall monitor,record and report the quality of water in the monitoring
wells according to the following schedule and other provisions:
Parameter Frequency of Analysis
Static Water Level' Monthly
Specific Conductance Monthly
pH Monthly
Total Nitrogen(NO2+NO3+TKN) Quarterly
Nitrate-Nitrogen Quarterly
Total Phosphorus (as P) Quarterly
4
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Orthophosphate (as P) Quarterly
Volatile Organic Compounds Annually
'Static Water Level shall be expressed as an elevation and shall be referenced to the
surveyed datum established for the site. It shall be calculated by subtracting the depth to
the water table from the surveyed elevation of the top of the monitoring well's PVC well
casing/riser.
2After one full year of monitoring the Total Phosphorus and Orthophosphate results,the
Department may determine,upon the request of the permittee,that the frequency of
monitoring may be reduced if, in the judgement of the Department,the results of the
sampling indicate that existing phosphorus levels will not adversely impact downgradient
receptors.
3 USEPA Method#624
3) Any grab sample or composite sample required to be taken less frequently than daily shall
be taken during the period of Monday through Friday inclusive. All composite samples
shall be taken over the operating day.
The permittee shall submit all monitoring reports within 30 days of the last day of the
reporting month. Reports shall be on an acceptable form,properly filled and signed and shall be
sent to the Department of Environmental Protection, Southeast Regional Office,20 Riverside
Drive,Lakeville,MA 02347,and to the Director of Watershed Permitting,Department of
Environmental Protection,Watershed Permitting Group, One Winter Street,Boston,MA 02108
and to the Barnstable Board of Health,200 Main Street,Barnstable,Massachusetts 02601.
Submission of monitoring reports in electronic format is available through eDEP and serves as
data submission to both the Regional and Boston offices.To register for electronic submission go
to: http.-1A ww.mass.gov/dep/service%ompliance%deponlfhtm
C. Nitrogen Offset
It has been determined that the Popponesset Bay estuarine system is impaired due to
nitrogen, and a Total Maximum Daily Load (TMDL)has been developed for this watershed.
Based on surface water quality impacts within the watershed the permit includes the following
measure which is expected to achieve a no net nitrogen load impact as a result of the discharge:
The permittee will accept and treat sewage from Mashpee Healthcare,LLC (d/b/a
Mashpee Care and Rehabilitation Center),161 Falmouth Road, Mashpee,Massachusetts, which
is currently served by an onsite-site sewage treatment and disposal system,pursuant to the
agreement shown as Appendix A. The reduction in nitrogen from this facility by abandoning the
Title 5 system and connecting to and having sewage treated at the wastewater treatment facility
will offset the load from the proposed subdivision.
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D. Supplemental Condition
s
1.
The permittee shall notify the Department at least thirty(30) days in advance of the
written.
treatment works for which this permit is wn
proposed transfer of ownership of the p
Said notification shall include a written agreement between the existing and new
permittees containing a specific date for transfer of permit,responsibility, coverage and
liability between them.
d to the Department
nt once
submi
tted every
treatment works shall be p
2. A staffing plan for the t
twoyears ears and whenever there are staffing changes. The staffing plan shall include the
following components:
a) The operator(s)'s name(s), operator grade(s) and operator license number(s);
b) The number of operational days per week;
c) The number of operational shifts per week;
d) The number of shifts per day;
e) The required personnel per shift;
f j Saturday,Sunday and holiday staff coverage;
g) Emergency operating personnel
le for the operation and maintenance of all sewers,pump
3. The pernuttee is responsib
stations,grease traps and treatment units for the permitted facility,which shall be
operated and maintained under the direction of a properly certified wastewater operator.
4. The permittee shall contract to have any and all solids and sludges generated by the
treatment works for which this permit is issued removed off site by a properly licensed
waste hauler for disposal at an EPA/DEP approved facility. The name and license
number of the hauler along with the quantity of wastes removed and the date(s) of
removal shall be reported by the permittee in writing to the Department.
5. Operation and maintenance of the proposed facility must be in accordance with 314 CMR
12.00, "Operation and Maintenance and Pretreatment Standards for Wastewater Treatment
Works and Indirect Discharges",and,257 CMR 2.00, "Rules and Regulations for
Certification of Operators of Wastewater Treatment Facilities.
a. The facility has been rated(in accordance with 257 CMR 2.00),to be a Grade 4
facility. Therefore,the permittee shall provide for oversight by a Massachusetts
Certified Wastewater Treatment plant operator(Chief Operator)Grade
4.The
operator who shall possess at least a vali
d
a backup oe
permittee will also provide forp p p
Grade 4 license.
b. The date and time of the operator's inspection along with the operator's name and
certification shall be recorded on the required monthly monitoring reports.
6. If the operation and maintenance of the facility is to be contracted to a private concern,the
permittee shall submit a copy of the contract,consistent with what is required by the
only b the contractor,to
ce manual and signed ,
approved Operation&Maintenance � Y Y
Pp p
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MassDEP Regional Office within ninety(90) days prior to request for authorization to
operate the PWTF.Along with the contract, a detailed listing of all contract operation
obligations of the proposed contractor at other facilities shall also be submitted.
7. Any connections to the sewer system, shall be approved by MassDEP and the local Board
of Health prior to the construction.
8. All tests or analytical determinations to determine compliance with permit standards and
requirements shall be done using tests and procedures found in the most recent version of
Standard Methods for the Examination of Water and Wastewater and shall be performed
by a Massachusetts certified laboratory.
9. The permittee shall notify the Department,in writing,within thirty(30) days of the
following events:
a. Any interruption of the treatment system operation, other than routine
maintenance.
b. Final shutdown of the treatment system.
I II,
C. The date of wastewater treatment plant start up.
'I
10. The permittee shall establish and maintain a financial.assurance mechanism that provides
for the continued availability of an immediate repair and replacement account to be used
by the permittee solely for the immediate repair and replacement of any failing
components of the PWTF. To create an immediate repair and replacement account, the
permittee shall deposit at least 15% of the estimated construction cost of the PWTF into
an interest bearing escrow account in accordance with the financial assurance mechanism
and 314 CMR 5.15. The permittee shall also establish and maintain a financial assurance
mechanism in accordance with 314 CMR 5.15 that provides for the accumulation in a
capital reserve account of sufficient funds to make any necessary modifications to the
PWTF and other related equipment within twenty years from the date the PWTF
commenced operation or such other period determined to be appropriate by the 1
Department based on the age and condition of the PWTF. The financial assurance
mechanism shall provide for the accumulation in the capital reserve account of an amount
equal to at least 25% of the estimated construction cost of the PWTF. On or before
`Jan 'Y31 of each year,the permittee shall submit an annual financial report identifying
current ba
lances in the immediate repair and replacement account and the
the initial and curr p
p
capital reserve account and confirming the continuing availability of the funds in said
account for the purposes specified in the permit and 314 CMR 5.15. Said report shall be
prepared in accordance with generally accepted accounting principles. Reports pertaining
mechanisms shall be sent to the Wastewater
assurance
to the required financial ( )
Management Section Chief at the appropriate Regional Office.
11. The permittee shall meet the obligation to establish all required financial assurance
mechanisms by using Department-approved form documents and shall submit said
Department-approved form documents to the Department for its review and approval as
follows:
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a. A permittee that constructs the wastewater treatment facility after the issuance of
the individual permit may submit the financial assurance mechanism(s)to the
Department for its review and approval no later than ninety(90)days prior to the
start-up of the facility. Such a permittee shall not operate the facility unless and
until the Department has approved the required financial assurance mechanism(s),
�I the financial assurance mechani
sms are in full force and effect, and the permittee
has made all contributions required thirty(30) days prior to the start-up of the
facility.
Ij b. A permittee with a wastewater treatment facility in existence prior to the
submission of the individual permit renewal application may submit the financial
assurance mechanisms to the Department for its review and approval no later than
ninety(90)days from the date of submission of the individual permit renewal
`application. Said permittee shall be in compliance with the provision of each
approved financial assurance mechanism requiring contributions to the immediate
capital reserve account no later than thirty
ca
repair and replacement account and the p
(30)days prior to the date on which the renewal is issued.
12. The permittee shall maintain the current form documents evidencing all required financial
assurance mechanisms approved by the Department.The permittee shall perform all its
obligations under the required financial assurance mechanisms as approved by the
Department.
mechanism requirement,
irement the estimated
For pu
rpose of th
e financial assurance q ,
13. purp
construction cost of the wastewater treatment facility shall include the cost of
constructing the wastewater treatment plant,collection system,associated mechanical
equipment,but not including the land, ground and disposal area.
14. In the event that effluent limits are not met,the permittee maybe obligated to modify,
ce with the
e compliance t process so as ensure he permit
ted treatment p
supplement or replace t p P
groundwater discharge permit and 314 CMR 5.00.
�I
15. In the event that the groundwater quality in the downgradient monitoringw does not ells
meet the groundwater discharge permit and 314 CMR 5.00,the permittee may be
obligated to conduct an engineering evaluation to determine what if any modifications are
needed to return to compliance.
16. Al
l future sewer extensions and connections shall comply p y with the pro
visions
isions of 31
4
CMR 7.00 or any successor code.
in to MassDEP nine 90 days prior to
17. The permit is subject to applicant submitting h' ( ) �
commencing construction of the treatment facility sufficient information to demonstrate to
MassDEP's satisfaction that the requirements established under 314 CMR 5.15 have been
met.
18. Ninety (90) days prior to commencing construction of the effluent disposal area, for the
ed wastewater treatment facility, arrangements must be made with
from the proposed tY
dischargep p
8
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_.IIIIUILLZIIIIHL.IJLLL.. 0uuuu_L.u.ul_dL_,LLI:C.._li LLLL
j the MassDEP Southeast Regional Office to witness percolation tests and deep observation
test pits.
19. ` Ninety(90) days prior to commencing start-up of the proposed wastewater treatment facility
final plans and specification that are consistent with the permit application package
-application must be submitted the MassDEP Southeast Regional Office.
E. Appeal Rights
II, This Permit is an action of the Department.Any person aggrieved by this action may request an
Adjudicatory Hearing. A request for a hearing must be made in writing and postmarked within
thirty(30) days of the Permit issuance date. Under 310 CMR 1.01(6)(b),the request must state
clearly and concisely the facts,which are the grounds for the request,and the relief sought.
The Hearing request along with a valid check payable to the Commonwealth of Massachusetts in
III the amount of one hundred dollars($100.00)must be mailed to:
Commonwealth of Massachusetts
Department of Environmental Protection
P.O.Box 4062
Boston, MA 02211
The request will be dismissed if the filing fee is not paid,unless the appellant is exempt or
granted a waiver as described below. The filing fee is not required if the appellant is a city or
town(or municipal agency), county,or district of the Commonwealth of Massachusetts, or a
municipal housing authority. The Department may waive the adjudicatory hearing filing fee for a
j person who shows that paying the fee will create an undue financial hardship.A person seeking a
waiver must file,together with the hearing request as provided above,an affidavit setting forth
the facts believed to support the claim of undue financial hardship.
9
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II.GENERAL PERMIT CONDITIONS
The following conditions apply to all individual and general permits:
(1) No discharge authorized in the permit shall cause or contribute to a violation of the
Massachusetts Surface Water Quality Standards(314 CMR 4.00) or any amendments thereto.
Upon promulgation of any amended standard, this permit may revised or amended in
accordance with such standard and 314 CMR 2.10 and 3.13 or 5.12. Except as otherwise
provided in 314 CMR 5.10 (3)(c), 310 CMR 5.10(4)(a)2 and 314 CMR 5.10(9), no discharge �I
authorized in the permit shall impair the ability of the ground water to act as an actual or
potential source of potable water. Evidence that a discharge impairs the ability of the ground
water to act as an actual or potential source of potable water includes,without limitation,analysis j
of samples taken in a downgradient well that shows one or more exceedances of the applicable
water quality based effluent limitations set forth in 314 CMR 5.10. In those cases where it is
shown that a measured parameter exceeds the applicable water quality based effluent limitations
set forth in 314 CMR 5.10 at the upgradient monitoring well, evidence that a discharge impairs
the ability of the ground water to act as an actual or potential source of potable water is deemed
to exist if a measured parameter in any downgradient well exceeds the level of that same
measured parameter in the upgradient well for the same sampling period. .A'statistical procedure
approved by the Department shall be used in determining when a measured parameter exceeds
the allowable level.
(2) Dpty to comply. The pern ittee shall comply at all times with the terms and conditions of
the permit, 314 CMR 5.00,M.G.L. c.21, §§ 26 through 53 and all applicable state and federal
statutes and regulations.
(3) Standards and prohibitions for toxic pollutants. The permittee shall comply with effluent
standards or prohibitions established under §307(a) of the Federal Act, 33 U.S.0 § 1317(a), for
toxic pollutants within the time provided in the regulations that establish these standards or
prohibitions, even if the permit has not yet been modified to incorporate the requirement.
(4) Proper operation and maintenance. The permittee shall at all times properly operate and
maintain all facilities and equipment installed or used to achieve compliance with the terms and
conditions of the permit, and the regulations promulgated at 314 CMR 12.00 entitled"Operation
and Maintenance and Pretreatment Standards for Wastewater Treatment Works and Indirect
Discharges,and 257 CMR 2.00, Rules and Regulations for Certification of Operators of
Wastewater Treatment Facilities".
i
(5) Duty to halt or reduce activity.Upon reduction, loss, or failure of the treatment facility,
the permittee shall,to the extent necessary to maintain compliance with its permit, control
production or discharges or both until the facility is restored or an alternative method of
t shall not be a defense for ermittee in an enforcement action that it
provided. I
treatment is p
p
would have been necessary to halt or reduce the permitted activity in order to maintain
compliance with the conditions of the permit.
10
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6 Power Failure. In order to maintain compliance with the effluent limitations and
prohibitions of this permit, the permittee shall either:
(a) provide an alternative power source sufficient to operate the wastewater control facilities;
or
(b) halt,reduce or otherwise control production and/or all discharges upon the reduction,
loss,or failure of the primary source of power to the wastewater control facilities.
(7) Duty to mitigate. The permittee shall take all reasonable steps to minimize or prevent any
adverse impact on human health or the environment resulting from non-compliance with the
permit.
(8) Duty to provide information. The permittee shall furnish to the Department within a
reasonable time as specified by the Department any information which the Department may
request to determine whether cause exists for modifying, revoking and reissuing, or terminating
the permit, or to determine whether the permittee is complying with the terms and conditions of
the permit:
(9) Inspection and entry.The permittee shall allow the Department or its authorized
representatives to:
(a) Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records required by the permit are kept;
(b) Have access to and copy,at reasonable times, any records that must be kept under the
conditions of the permit;
(c) Inspect at reasonable times any facilities, equipment,practices,or operations regulated or
required under the permit; and
I
(d) Sample or monitor at reasonable times for the purpose of determining compliance with
I, the terms and conditions of the permit.
(9A) The permittee shall physically secure the treatment works and monitoring wells and limit
access to the treatment works and monitoring wells to those personnel required to operate,
inspect and maintain the treatment works and to collect samples.
affixing to the steel
n ntl a
identify each monitoring well b erma e
shall i g
(9B) The permitteefY g Y P Y
protective casing of the well a tag with the identification number listed in the permit.
(10) Monitoring. Samples and measurements'taken for the purpose of monitoring shall be
representative of the monitored activity.Monitoring must be conducted according to test
procedures approved under 40 CFR Part 136 unless other test procedures are specified in the
permit.
ormation
sofallmo nitorin inf
h permittee shall retain record ,
11 Recordkee in . The g
including all calibration and maintenance records and all original strip chart recordings for
copies of all reports b the required continuous monitoring instrumentation, cop p q Y permit,and all
records of all data used to complete the application for the permit,for a period of at least three
years from the date of the sample,measurement,report or application. This period may be
1L
rr �, min — _ � ,-1_Tl-1 - --`1n U—JIi II lllll'In�WI fl �ii ill illh� hl I �� �.
extended by request of the Department at any time.Records of monitoring information shall
include:
(a) The date,exact place, and time of sampling or measurements;
(b) The individual(s) who performed the sampling or measurement;
(c) The date(s) analyses were performed;
(d) The individual(s) who performed the analyses;
ues or meth
ods ds used; and
techniques o
(e) The analytical q
The results of such analyses.
(� y
(12) Prohibition of bypassing. Except as provided in 314 CMR 5.16(13),bypassing is
prohibited, and the Department may take enforcement action against a permittee for bypassing
unless:
(a) The bypass was unavoidable to prevent loss of life,personal injury,or severe property
damage;
(b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment
facilities,retention of untreated wastes, or maintenance during normal periods of
equipment downtime. This condition is not satisfied if the permittee could have installed
adequate backup equipment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(c) The permittee submitted notice of the bypass to the Department:
1. In the event of an anticipated bypass, at least ten days in advance, if possible; or
2. In the event of an unanticipated bypass, as soon as the permittee has knowledge of the
bypass and no later than 24 hours after its first occurrence.
(13) Bypass not exceeding limitations. The permittee may allow a bypass to occur which does
not cause effluent limitations to be exceeded,but only if necessary for the performance of
essential maintenance or to assure efficient operation of treatment facilities.
(14) Permit actions. The permit may be modified, suspended,or revoked for cause. The filing
of a request by the permittee for a permit modification,reissuance, or termination,or a
notification of planned changes or anticipated non-compliance does not stay any permit
condition.
(15) Duty to reapply. If the permittee wishes to continue an activity regulated by the permit
after the expiration date of the permit,the permittee must apply for and obtain a new permit. The
permittee shall submit a new application at least 180 days before the expiration date of the
existing permit,unless permission for a later date has been granted by the Department in writing.
(16) Property rights. The permit does not convey any property rights of any sort or any
exclusive privilege.
(17) Other laws. The issuance of a permit does not authorize any injury to persons or properly
or invasion of other private rights,nor does it relieve the permittee of its obligation to comply
with any other applicable Federal, State, and local laws and regulations.
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(18) Oil and hazardous substance liability.Nothing in the permit shall be construed to
preclude the institution of any legal action or relieve the permittee from any responsibilities,
liabilities, or penalties to which the permittee is or may be subject under § 311 of the Federal
Act, 33 U.S.C. § 1321, and M.G.L. c. 21E.
(19) Removed substances. Solids, sludges,filter backwash, or other pollutants removed in the
course of treatment or control of wastewaters shall be disposed in a manner consistent with
applicable Federal and State laws and regulations including,but not limited to,the Massachusetts
Clean Waters Act,M.G.L. c. 21, §§ 26 through 53 and the Federal Act, , 33 U.S.C. § 1251 et
seq,the Massachusetts Hazardous Waste Management Act, M.G.L. c. 21C, and the Federal
Resource Conservation and Recovery Act,42 U.S.C. § 6901, et seq., 310 CMR 19.000 and
30.000, and other applicable regulations.
(20) Reporting requirements.
(a) Monitoring_reports. Monitoring results shall be reported on a Discharge Monitoring
Report (DMR) at the intervals specified elsewhere in the permit. If the permittee monitors
any pollutant more frequently than required by the permit,the results of this monitoring
shall be included in the calculation and reporting of the data submitted in the DMR.
(b) Compliance schedules. Reports of compliance or non-compliance with, or any progress
reports on, interim and final requirements contained in any compliance schedule of the
permit shall be submitted no later than 14 days following each schedule date.
(c) Planned changes. The permittee shall give notice to the Department as soon as possible of
j any planned physical alterations or additions to the permitted facility or activity which
could significantly change the nature or increase the quantity of pollutants discharged.
Unless and until the permit is modified, any new or increased discharge in excess of
permit limits or not specifically authorized by the permit constitutes a violation.
(d) Anticipated non-compliance.The permittee shall give advance notice to the Department
j of any planned changes in the permitted facility or activity which may result in non-
compliance with permit requirements.
(e) 24 hour reporting. The permittee shall report any non-compliance which may endanger
health or the environment. Any information shall be provided orally within 24 hours from
the time the permittee becomes aware of the circumstances. A written submission shall
also be provided within five days of the time the permittee becomes aware of the
circumstances. The written submission shall contain a description of the non-compliance,
including exact dates and times, and if the non-compliance has not been corrected,the
anticipated time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the non-compliance. The following shall be
included as information which must be reported within 24 hours:
1. Any unanticipated bypass which exceeds any effluent limitation in the permit.
2. Violation of a maximum daily discharge limitation for any of the pollutants listed,by
the Department in the permit to be reported within 24 hours.
(f) Other non-compliance.The permittee shall report all instances of non-compliance not
reported under 314 CMR 5.16(20)(a), (b), or(e) at the time monitoring reports are
submitted. The reports shall contain the information listed in 314 CMR 5.16(20)(e).
(g) Toxics. All manufacturing, commercial,mining, or silvicultural dischargers must notify
the Department as soon as they know or have reason to believe:
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I 1. That any:activity ha
s occurred or will occu
r in the discharge of
g which would result
any toxic pollutant listed in 314 CMR 3.17 which is not limited in the permit, if that
discharge will exceed the highest of the following notification levels:
a. 100 micrograms per liter(100 ug/1);
b. 200 micrograms per liter(200 ug/1)for acrolein and acrylonitrile; 500 micrograms
per liter(500 ug/1)for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and
one milligram per liter(1 mg/1)for antimony;
c. Five times the maximum concentration value reported for that pollutant in the
permit application; or
2. That they have begun or expect to begin to use or manufacture as an intermediate or
which was not reported in th
e permit
final product or byproduct any toxic pollutant w p p
II
application.
(h) Indirect dischargers. All Publicly Owned Treatment Works shall provide adequate notice
III
to the Department of the following: III
1. Any new introduction of pollutants into the POTW from an indirect discharger which yl
would be subject to 301 or 306 of the Federal Act,33 U.S.C. § 1311 or 1316, if it
were directly discharging those pollutants; and �I
2. Any substantial change in the volume or character of pollutants being introduced into
the POTW by a source introducing pollutants into the POTW at the time of issuance
of the permit.
i Information.Where the permittee becomes aware that it failed to submit any relevant
information
in a permi
t application
ion orfacts in a permit application,or submitted incorrect
in any report to the Department, it shall
promptly submit such fact
s or info rmation.
irement. All a lications re orts or information submitted to the
21 Signatory requ pp p
Department shall be signed and certified in accordance with 314 CMR 3.15 and 5.14.
I
(22) Severability. The provisions of the permit are severable, and if any provision of the
permit, or the application of any provision of the permit to any circumstance,is held invalid,the
application of such provision to other circumstances, and the remainder of the permit, shall not
be affected thereby.
(23) Re opener clause. The Department reserves the right to make appropriate revisions to the s
permit in order to establish any appropriate effluent limitations, schedules of compliance, or
other provisions which may authorized under the Massachusetts Clean Waters Act,M.G.L. c.
21, §§ 26 through 53 or the Federal Act, 33 U.S.C. §1251 et seq in order to bring all discharges
II
into compliance with said statutes.
(24) Approval of treatment works. All discharges and associated treatment works authorized
, I I
herein shall be consistent with the terms and conditions of this permit. Any modification to the
a roved treatment works shall require written approval of the Department prior to the
pP
construction of the modification.
III
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(25) Transfer of Permits.
(a) RCRA facilities.Any permit which authorizes the operation of a RCRA facility which is
subject to the requirements of 314 CMR 8.07 shall be valid only for the person to whom
it is issued and may not be transferred.
(b) Transfers by modification. Except as provided in 314 CMR 5.16(25)(a) and(c), a permit
may be transferred by the pertnittee to a new owner or operator provided that the permit
has been modified or revoked and reissued or a minor modification is made to identify the
new permittee in accordance with 314 CMR 512(3) and (4).
(c) Automatic transfers. For facilities other than Privately Owned Wastewater Treatment
Facilities(PWTFs)that treat at least some sewage from residential uses, hospitals,
nursing or personal care facilities, residential care facilities, and/or assisted living
facilities, PWTFs that have been required to establish financial assurance mechanism(s)
pursuant to 314 CMR 5.15(6), and RCRA facilities subject to the requirements of 314
CMR 8.07, a permit may be automatically transferred in accordance with 314 CMR
5.12(5).
(26) Permit Compliance Fees and Inspection Information. Except as otherwise provided, any
permittee required to obtain a surface water or ground water discharge permit pursuant to M.G.L.
c. 21, § 43 and 314 CMR 3.00 and 5.00, shall be required to submit the annual compliance
assurance fee established in accordance with M.G.L. c. 21A, § 18 and 310 CMR 4.00 as
provided in 314 CMR 2.12. The requirement to submit the annual compliance fee does not apply
to any local government unit other than an authority. Any permittee required to obtain a surface
water or ground water discharge permit pursuant to M.G.L. c. 21, §43 and 314 CMR 3.00 and
5.00 may be required to submit inspection information annually as a condition of the permit as
provided in 314 CMR 2.12.
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Appendix A: Agreement with Cotuit Equitable Housing, LLC; Cotuit Meadows Homeowner's
Association, Inc.; Ohima,Inc.; and Mashpee Healthcare, LLC
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i
AGREEMENT
WHEREAS, COTUIT EQUITABLE HOUSING, LLC, a Massachusetts limited
liability company with an address of 1645 Falmouth Road, Centerville, Barnstable
County, Massachusetts 02632 (hereinafter"CEH") is the developer of a residential
subdivision known as Cotuit Meadows, being shown on a plan of land entitled "Cotuit
Meadows Subdivision 9999 Falmouth Road (Route 28) Cotuit-- Barnstable,
Massachusetts Prepared for Cotuit Equitable Housing, LLC P.O. Box 95, Centerville,
MA,02632 Title Key Plan Baxter Nye Engineering &Surveying Scale 4 100' dated
4/11107 Revised 5/2107"and recorded with the Barnstable Registry of Deeds in Plan
Book 617, Pages 69-75; and
WHEREAS, COTUIT,MEADOWS HOMEOWNER'S ASSOCIATION, INC., is a
Massachusetts non-profit corporation with an address of P.O. Box 95, Centerville,
Barnstable County, Massachusetts 02632, and is the organization of owners of lots
j located in Cotuit Meadows subdivision; and
WHEREAS, OHIMA, INC., a Massachusetts corporation with an address of 200
International Circle,#3500, Hunt Valley, MD 21030(hereinafter"OHIMA"), is the owner
of a certain parcel of land located at 161 Falmouth Road, Mashpee, Barnstable County,
Massachusetts; and
WHEREAS,MASHPEE HEALTHCARE, LLC,a Delaware limited liability
company with an address of 101 Sun Avenue, NE, Albuquerque, New Mexico
(hereinafter"Mashpee Healthcare"), is the operator of a 120 bed healthcare facility
located at 161 Falmouth Road, Mashpee, Barnstable County, Massachusetts
(hereinafter"the Healthcare Facility"); and
WHEREAS,CEH as part of the development of the subdivision known as Cotuit
Meadows is required to build an on-site private sewer treatment plant "Wastewater
Facilities");and
WHEREAS,the property owned by OHIMA upon which Mashpee Healthcare
operates the Healthcare Facility has an on-site septic system which requires repair or
replacement; and
WHEREAS, OHIMA and Mashpee Healthcare desire to connect the property
located at 161 Falmouth Road, Mashpee, Barnstable County, Massachusetts to the
private Wastewater Facilities located in the Cotuit Meadows subdivision instead of
repairing or replacing the on-site septic system located thereon;
NOW,THEREFORE,the parties hereto agree as follows:
I
1. CEH shall be solely responsible for construction of the on-site Wastewater
Facilities located in Cotuit Meadows. The Wastewater Facilities shall be built
in accordance with the plans and specifications submitted to the
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1 1I73023v=323-65 9/10/2010
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Massachusetts Department of Environmental Protection entitled"Plan in
Support of Groundwater Discharge Permit Application and the Wastewater
Facilities for the Full Build-Out of Cotuit Meadows 124 Lot Subdivision
Located on 9999 Falmouth Road, Mashpee-Barnstable, Massachusetts May
2008 Amended March 2010" and the Groundwater Discharge Permit
Application submitted to the Massachusetts Department of Environmental ,
Protection dated March 4, 2010 as they may be amended and finally
- approved by the Massachusetts Department of Environmental Protection;
2. OHIMA and Mashpee Healthcare shall be solely responsible for installing and
maintaining any necessary ryhol
ding tanks, pump stations appurtenant
equipment, and piping necessary to bring the septic tank effluent (as used
herein meaning and intending grey water only, not solids) generated by the
Healthcare Facility located at 161 Falmouth Road, Mashpee, Barnstable
County, Massachusetts from said location to the private Wastewater Facilities
located in Cotuit Meadows subdivision;
3. OHIMA and Mashpee Healthcare shall be solely responsible for any and all
costs associated with connecting the Healthcare Facility to the Wastewater
Facilities, including obtaining Town of Mashpee Conservation Commission
approval,easements, and permits;
4. Upon completion of construction, CEH hereby agrees to allow OHIMA and
Mashpee Healthcare to dischargeP septic tank effluent from the Healthcare
Facility located on the property at 161 Falmouth Road, Mashpee,
Massachusetts, to the private on=site Wastewater Facility in Cotuit Meadows
to treat septic tank effluent generated by the Healthcare Facility;
5. OHIMA and Mashpee Healthcare hereby agree to connect the healthcare
facility located at 161 Falmouth Road,Mashpee, Barnstable County,
Massachusetts, to the Wastewater Facilities plant located in Cotuit Meadows
within fourteen (14)days of receipt of a written notice from CEH to OHIMA
and Mashpee Healthcare that the Wastewater Facilities are ready for the
eframe delays caused b 'or resulting from
connection, excepting from that#gym y y g
Act of God, war, civil commotion, fire or other casualty, labor difficulties,
general shortages of labor, materials or equipment, weather, government
regulations or other causes beyond such party's reasonable control;
6. Mashpee Healthcare agrees to pay CEH $575,000.00 as its contribution
toward the cost of constructing the Wastewater Facilities, contingent upon
Mashpee Healthcare and OHIMA obtaining an easement over the abutting
Shellback Place property to install the connection from the Healthcare
Facility. If Mashpee Healthcare and OHIMA are not able to obtain an
property, then Mash ee
easement over the abutting Shellback Place p
Healthcare and CEH agree to negotiate, in good faith, a reduction in the
amount to be paid by Mashpee Healthcare to CEH.
1173023YA323-65 9/1 01201 0
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7. Payment of 5-75,000.00 (or if a reduced.amount as provided in paragraph G, the
reduced pro rata shall be made in
shall be )
amounts set forth In this paragraphp
accordance with the following scheduler
a $ 75.000.0.0 to be paid upon the fast_fo occur of a}September 3Ct, 01.4;
or.b}.the recording of an Eascmeo Agree:rnent by and between OHIMA and
Sheilbaek Place Professional Condominium Trust allowing construction of a
sewer forcd main to connect the_Healthcare Facility to.the Wastewater _
Facilities(the "Effective Bate",);
j b. $200,000.00 to be paid thirty(30)days after the Effective Mto;
c. $ .'0,000.00.to be paid sixty(60);dayt after the Effective Date;.and
to.
d. �10%000.00 to be paid upon connection of the Healf> care Facility to he
Wastewater l".acifi#ies.and the lssuaree of a Certificate of Corrrplianee by the
lVlaa ohuaetks bepartment of Envirohmental Protection:
,..:: ::.: Inc., t3W1l1/IA .an 'Mah ee He (thGare
8. Gotuit.;vteadd ws Homeowner's Associai can, n p .,
I erebJ agree-to- ogotlafie in ocid faith th+e terms cif.an operating agreement for the
limited'liabiiity�company that will:own arid,pperata the 1;Nastewater Faciiitiee grid to ;r
entar Sri#c�Arid b ound by:ail the pedviaions af'auc. Ayeement`as the.sai.no may be
' amended- r'h firi`ie to time;arid:
9. Within thar#y t~30}days of to afi`ponsfiR'iictian:and finial'00r-mitting.c the
tllfaa# wat t Pt
.1.1 �s, CEH agi e s to.trar�s er:owrrership.s f ttre Wastev Ater
FacilitW to fhe limited liability.company referred to to paragraph 860 ve,,
EXECUT'EDthis day of
Cotu>it E jui ibi' Nbushici, L,LC 01411V1A In
By By:
lea . y Dan% I a..B
lta Manage lts Chief C3peratirig {officer
j 1173023v214323*5 9AM016 I
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Tom - llf T 111�11 l�llllf97 �f1111 T T�lllllf�' �f^1 1 i -� T' ffTi it�i ��
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Mashpee Healthcare, LLC Cotult Meadows Homeowner's
Association, In .
By: � BY=
MIKE BERG Its:
cey
Its: Its:Melden?and Treasurer
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1173023v2/8323-65 9l10/2010
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COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENERGY& ENVIRONME T
DEPARTMENT OF ENVIRONMENTAL PROTEOP
CAPE COD OFFICE
nnou h Road Route 132 Hyannis, MA 02601
973I a , Y
Y €`
Phone: 508-771-6003 FAX: 508-771-6155
DEVAL L.PATRICK IAN A.BOWLES
Governor Secretary
TIMOTHY P.MURRAY LAURIE BURT
Lieutenant Governor Commissioner
September 14, 2010
Mr.Brian Dacey RE: BARNSTABLE—BRPWP06,Cotuit
Cotuit Equitable Housing,LLC Meadows, 9999 Falmouth Road, (Cotuit),
c/o Bayside Building Groundwater Discharge,
1645 Route 28 Permit#SE 0-850
.Centerville Massachusetts 02632
Transmittal No. W139847
Dear Mr. Dacey:
In response to our application for permit to discharge into the ground a treated effluent
p y PP
from the proposed treatment works at the Cape Regency in Barnstable,Massachusetts,and after due
public notice,I hereby issue the attached final permit.
No comments objecting to the issuance or terms of the permit were received by the
Division of Wastewater Management during the public comment period; therefore,the permit is
effective upon issuance.
Parties aggrieved by the issuance of this permit are hereby advised of their right to
request an Adjudicatory Hearing under the provisions of Chapter 30A of the Massachusetts
General Laws and 314 CMR 1.00, Rules for the Conduct of Adjudicatory Proceedings. Unless
the person requesting the adjudicatory hearing requests and is granted a stay of the terms and
conditions of the permit,the permit shall remain fully effective.
If you should have any questions,please contact me at(508)771-6047.
�,._�• Very truly yours,
S
EP 1 7
� Brian A.Dudley
Bureau of Resource Protection
This information is available in alternate format.Call Donald b1.Gomes,ADA Coordinator at 617-556-1057.TDD#866-539-7622 or 617-574-6863.
MassDEP on the World Wide Web: http://www.mass.gov/dep
Q* Printed on Recycled Paper
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4
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Enclosure
cc: Mr. Thomas McKean,Health Agent
Board of Health
200 Main Street
Barnstable,MA 02601
Enclosure
Mr.Matthew Eddy
Baxter and Nye Engineering, Inc.
78 North St Ste 3
Hyannis, MA 02601
Enclosure
ecc: DEP-Boston
Attn:Wastewater Management
DEP-SERO
Attn: Laura Black
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