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a. Board of Health Agenda BOH 11-28-23 ALL
Page 1 of 2 BOH 11/28//2023 AGENDA – BOARD OF HEALTH MEETING Original 11/22/23 8:47am Tuesday, November 28, 2023 3:00 PM Revision#1 James H. Crocker Jr. Hearing Room, Town Hall 367 Main Street, 2nd Floor, Hyannis, MA I. Proposed Regulations/Policies: To join in the discussion will be: Mark Milne, Director of Finance, Karen Nober, Town Attorney, Charlie McLaughlin, Assistant Town Attorney, Thomas LaRosa, Assistant Town Attorney, Robert Steen, Assistant Superintendent of DPW, and Kelly Collopy, Department of Public Works. A. Policy – “Deadline to Connect Buildings to Public Sewer” II. Variance Requests: A. John O’Dea, Sullivan Engineering, representing Vincent and Jane Peria, owners – 29 Little Island Drive, Osterville, Map/Parcel 093-058-005, 1.3 acre parcel, requesting septic variances for setback of existing septic system to proposed pool. WITHDRAWN B. Daniel Ojala, Down Cape Engineering, representing Diana Litmanovich & Alexander Branover, owners – 94 Pond View Drive, Centerville, Map/Parcel 229-038, 34,424 square foot lot, house addition, requesting a variance from a multi compartment tank replacement, site is to be connected to town sewer within 5 years. C. Scott Miccile, Longfellow Design Build, representing Doug and Sarah MacDonald, owners – 91 Waters Edge, Marstons Mills, 63, 081 square feet parcel, requesting to perform soil evaluation at the time of septic expansion. D. Secondary Treatment Unit (S.T.U.): Cape & Island Engineering representing Jeffrey Dinardo & Maria Apse, owners – 55 Poponessett Road, Cotuit, Map/Parcel 035-002, 33,541 Square Feet Parcel, in Saltwater Estuary Protection Zone, proposing using a MicroFAST 0.5 I/A Septic System and requesting a variance from Saltwater Estuary Protection regulation to allow 4 bedrooms in lieu of 3. III. Variance – Septic (Continued from Sep 26 2023): Dan Ojala, Down Cape Engineering, representing Chef J LLC, owner Villaggio Ristorante – 4631 Falmouth Road, Cotuit, Map/Parcel 024-157, 46,460 square foot parcel, in Stage One, proposing to locate the pump chamber and leaching fields on separate lot controlled by the same owner, Zone II, permitted for 100 seats, requesting 115 seats and a variance from using a recirculating sand filter (RSF) or alternative. Variance from Saltwater Estuary Protection regulation. Town of Barnstable Board of Health 200 Main Street, Hyannis MA 02601 John T. Norman, Chair F.P. (Thomas) Lee, P.E. Office: 508-862-4644 Donald A. Guadagnoli, M.D Daniel Luczkow, M.D. FAX: 508-790-6304 Paul Canniff, D.M.D. Stephen Waller, M.D.-Alternate Stephen Page 2 of 2 BOH 11/28//2023 IV. Food Variance: Aaron Webb, The Daily Paper on Main, 546 Main Street, Hyannis, Map/Parcel 308-074- 00B, is requesting a variance to not install air curtains nor screens for outside dining. V. Body Artist: A. Bethany Harriman is applying for a permit as a Body Art Practitioner for Body Piercing at Pincushion, 600 Main Street, Hyannis, Map/Parcel 308-067. She completed the Anatomy and Physiology course in 2021 and has worked as an apprentice for two years without any issues. B. Madison Schluter, applying as a full Body Artist at Great Island Tattoo, 12 Enterprise Road, Hyannis, Map/Parcel 293-045. Madison completed 17 months supervised training under owner, Miceala Thatcher with no issues found and had completed the Body Art Practitioners Certificate through Save Each Life. VI. Regulation/Policies: A. Schedule a public hearing to review and discuss proposed revisions to Sections 385-6 and 385-4, and 376-19, revision of deadline to submit revised plans. B. Policy – “Temporary Holding Tanks at Locations Where Public Sewer Will Be Provided in the Near Future (within Two or Three Years)”. VII. Minutes: Minutes Revised Notice of Recording: This meeting of the Board of Health is being recorded and broadcast on the Town of Barnstable’s Government Access Channel. In accordance with Massachusetts General Laws Chapter 30A, Section 20, the Chair must inquire whether anyone else is recording this meeting and, if so, to please make their presence known. LIVE Meetings The meeting will be televised live via Xfinity Channel 8 or high definition Channel 1072. It may also be accessed via the Government Access Channel live stream on the Town of Barnstable’s website: http://streaming85.townofbarnstable.us/CablecastPublicSite/watch/1?channel=1 Recorded Meetings This meeting will played via Xfinity Channel 8 or high definition Channel 1072. It may also be accessed via the Government Access Channel live video on demand archives on the Town of Barnstable’s website: https://streaming85.townofbarnstable.us/CablecastPublicSite/?channel=1 J:/DraftConnectionPolicy2022.docx September 16, 2022 Amended December __ , 2023 DRAFT POLICY: Deadline to Connect Buildings to Public Sewer A. Six (6) Month Sewer Connection Deadline: Section 360-13 of the Town of Barnstable Code requires that the owner of a building on a parcel of land which abuts a public or private way in which there is a public sewer shall connect the building to the public sewer. The Board of Health (“Board”) requires the owner of a building to comply with the Code and connect to the public sewer within six (6) months of the Board’s letter notification if the owner has not yet complied with the Code. B. Hydraulically Failed Septic Systems/ (60) Day Sewer Connection Deadline: The owner of a building on a parcel of land which abuts a public or private way in which there is a public sewer shall connect the building to the public sewer within sixty (60) days if the septic system associated with the building is in hydraulic failure or has otherwise failed within the meaning of section 360-44 of the Town Code. C. Real Estate Transfers: The owner of a building on a parcel of land which abuts a public or private way in which there is a public sewer, shall connect the building to public sewer within six months following the transfer of title, unless a shorter period is required due to discovery that the septic system is in failure per Part B above. D. Extension Requests: (1) The Board authorizes its Director of Public Health or his designee to grant a one-time extension, not to exceed six (6) months to a property owner to connect its building to public sewer provided the owner satisfactorily demonstrates to the Director of Public Health or his designee diligent efforts to comply with the Code. The property owner shall provide supporting documentation (for example, a copy of a signed sewer connection contract with connection schedule, and/or the verification of loan application) prior to obtaining approval for an extension. (2) A property owner who wishes to request an extension for a longer period shall submit its request in writing to the Board. The property owner shall include the reasonable period time being requested and provide supporting Town of Barnstable Board of Health 200 Main Street, Hyannis MA 02601 Office: 508-862-4644 John Norman, Chairman FAX: 508-790-6304 Donald A. Guadagnoli, M.D. F.P. (Thomas) Lee, P.E. Paul Canniff, DMD Daniel Luczkow, M.D. Stephen Waller, M.D. alternate March 3, 2022 J:/DraftConnectionPolicy2022.docx documentation (for example, copy of a signed sewer connection contract with connection schedule, verification of loan application, the test results for the last two years of the existing Innovative/Alternative (I/A) system effluent monitoring, and/or financial hardship (see Note 1 below for financial support information)) and shall satisfactorily demonstrate to the Board continuing diligent efforts to comply with the Code. The property owner shall be required to appear before the Board at a public meeting to present its request in person. E. Property Owner’s Responsibility/Public Health and Environmental Protection: Each property owner shall be responsible for ensuring he/she takes proper preventative action steps necessary to prevent a backup of sewage into the building and/or to prevent an overflow of sewage onto the ground surface (for example, by pumping the cesspool/septic system often, daily if necessary). [NOTE 1: Financial Support: Homeowners should review the financial support information in the Barnstable Water Resources page in the Town of Barnstable Public Works website, https://barnstablewaterresources.com). This website provides additional information on sewer assessment, sewer connection and utility Billing. A Homeowner’s Sewer Connection Guide will be available soon from The Town of Barnstable Public Works.] [NOTE 2: Per 310 CMR 15.301(4b): Inspection of a system is not required at the time of transfer of title of the facility served by the system if the owner of the facility or the person acquiring title has signed an enforceable agreement with the Board of Health to connect the facility to public sewer within two years following the transfer of title, unless a shorter period is required due to the existence of a failed system, due to the age of the system, or due to an environmental variance granted (see bulleted items contained herein) and provided that such agreement has been disclosed to and is binding on the subsequent owner(s]. DIRECTIONS: From Hyannis -Follow Main Street to the WestEnd Rotary; Toke third exit onto Scudder Ave. Tum right onto Smith Street at the stop sign. Con Unue on to Craigville Beoch Road and left onto South Main Street. Continue over the bridge to Ostervil/e, and left onto West Bay Road, Left onto Bridge Street and left onto Little IslandDrive, #29 is on the left. g;.r �0 � i;J \ / TITLE: DATE: I l' cl: / / I / ( \ J ,CB/DH (Fnd) � D "' ,g I I I I g / <-i I II \ I I " I ' -----� .,,,- \ / I I \ / I ' I \ I ' I / /? ! I i __ •• Site Plan Proposed Improvements At I 29 Little Island Barnstable (Osterville) Mass. October 7, 2023 SCALE: 1" = 20' I I \ \ \ " I i '- 'b CB/DH (Fnd) I "'I \ I -- '\, \ \ \ \ "'\ I I ,,,, /j __ / N/F Morie A, Ffofl<es Tr Morie A. Ffolkes Tru�t 174,84' N53' E'..,50'W ' f\ 75' OffsP -- Stone Drive I I f I �/ / I \ I \ \ \ i ! \ \ \ \ \ \ \ Wafk 11.8 FFF: # 29 (gJ LOTS 56,915± SF 3/4 Sty w/f Dwelling -- " \\ \ .,..._.--..... Stone Drive \ / ----- :;.,-\_ // -----"' '-. / \ \ I / ,_. .�--__ . F"1 i·offset I 229,15' N/F I' A vanders ,ceLynne PREPARED BY: Sullivan Engineering &Consulting, Inc. (508)428-3344 • P.O. Box 659 • 711 Main Street, Ostervllle, MA 02655secl@sulllvanengin.com • www.sulllvanengin.comDraft: JOO/CTR/ASL Field: JOO /CTR Review: JOO/CTR Comp.: ASL/CTR/JOO Project: 320014 Project#: Existing Septic System Per Tie Cord. 0 Garden j I I I ---,'. / PREPARED FOR: / I 5'± Guest House • Vincent A. & Jone M. Perla 20 10 20 40 I ; i : • lil ti ,., ,"' -"' �Propane -!CB/DH \ (Fnd) 80 I CB/DH (Fnd) NOTES: J LOCATION MAP: Scale: 1" = 2000'± ASSESSORS REF.: Mop 093, Parcel 058-005 OVERLAY DISTRICT: AP -Aquifer Protection District Resource Protection District Saftwoter Estuary Protection Wstrict FLOOD ZONE: Zone AE: (Elev, 12) Community Panel No, #250001 C0757 J July 16, 2014 ZONE: RF-1 Area ( min) 87, 120 SF (RPOD) Frontage (min) 20' Width (min) 125' Setbacks: Front 30' Side 15' Rear 15' REFERENCES: Deed: Cert. 195299 Pion: LCP 41663 B LOT 5 LCP 9592 K LOT 13 LEGEND: 0 CDT Cedar Tree0 HT Holly Tree� OT Dedduous Tree S CT Caniferous Tree -a_, Utility Pole -E -Electric -G-Gas G> ,:, El Wetland Flag Light. Post CB/DH --OHW-Overhead Wires --25--Elevation Contour 1)1he structures shown were located on the ground by conventionarsurvey methods on or between 9/12/2023 and 9/19/2023.2)The property fine informotion shown hereon was compiled fromavailable record information.3)The datum used is NAVD 1988, obtoined by RTI< GP$ using MA CORSNetwork performed by Suilivan Engineering & Consulting Inc.4)Topographic information was collected using both conventional surveymethod and RTI< GPS on or between 9/12/2023 and 9/19/2023, Barnstable Health Division October 18, 2023 200 Main Street Hyannis, MA 02601 Re: Request for Variance Timing of Soil Evaluation 91 Waters Edge, Marstons Mills Dear Members of the Board of Health, Longfellow Design Build is working with Doug and Sarah MacDonald, the owner’s of 91 Waters Edge. The MacDonald’s desire to modify their home, which will increase the bedroom count from 3 to 4. The lot size is approximately 1.4 Acres, so the lot has adequate acreage to accommodate the bedroom increase. The existing septic system was upgraded in 2000, which consisted of a new leach field utilizing Quick4 Infiltrators. It does not appear that any soil evaluation was performed in 2000 for this upgrade. The increase in bedroom count will obviously require an increase of the size of the leaching area. Longfellow Design respectfully requests a variance to allow the soil evaluation to occur at the time of leach field expansion. The existing leach field is located beneath the existing driveway. Granting this variance will avoid having to excavate the driveway multiple times. Feel free to contact me with any questions. Thanks, Scott P. Miccile Scott P. Miccile, P.E. DATE: $95.00 FEE*: Office: 508-862-4644 FAX: 508-790 -6304 LOCATION Town of Barnstable Board of Health 200 Main Street, Hyannis MA 0260 I VARIANCE REQUEST FORM Property Address: 55 Poponessett Road, Cotuit REC.BY: SCHED.DATE: John T. Norman F.P. (Thomas) Lee Donald A. Guadagnoli, M.D.Dan Luczkow, M.D. Paul Canniff, D.M.D. Stephen Waller, M.D., Alternate Assessor's Map and Parcel Number: _0_3 _5-_0_0 _2 _______ Size of Lot: 33,541 square feet Wetlands Within 300 Ft. _N_o __ Business Name: Cape & Islands Engineering Subdivision Name: __________________ _ APPLICANT'S NAME: Jeffrey Dinardo & Maria Apse Phone 508-477-7272 --------------Did the owner of the property authorize you to represent him or her? Yes _X__ No PROPERTY OWNER'S NAME Name: Jeffrey Dinardo & Maria Apse Address: 159 Glezen Lane, Wayland, MA 01778 Phone: __ 9_7 _8 -_8_52_-4_2_66 ____________ _ CONTACT PERSON Name: Cape & Islands Engineering Address: 800 Falmouth Rd, Ste 301C, Mashpee, MA 02649 Phone: 508-477-7272 EMAIL: mdibb@capeeng.com VARIAN CE FROM REGULATION (Incl.Reg. Code#) REASON FOR VARIAN CE (May attach separate sheet if more space needed) 3 bedrooms allowed, 4 bedrooms proposed NATURE OF WORK: House Addition □House Renovation 0 Repair of Failed Septic System D Checklist (to be completed by office staff-person receiving variance request application) Please submit first /our on list as 4 collated packets. L A. Four (4) copies of the completed variance request formL B. Four (4) copies of MA DEP approval letters for Innovative/Alternative septic system (when proposing an I/A system orsecondary treatment unit (S.T.U.). L C. Four (4) hard copies of engineered plan submitted (e.g. septic system plans) and one (1) electronic version submitted to email: health!711town.bamstable.ma.us *(Pool Plan -4 hard copies) D.Four (4) copies oflabeled dimensional floor plans submitted (e.g. house plans or restaurant kitchen plans) and one (1) electronicversion.A completed seven (7) page checklist confirming review of engineered septic system plan by submitting engineer or R.S.Signed letter stating that the property or business owner authorized you to represent him/her for this requestApplicant must notify abutters by certified mail at least ten days prior to meeting date at applicant's expense (for Title V and/orlocal sewage regulation variances only).NIA Full menu-Four (4) copies of full menu submitted (for grease trap variance requests only).L Fee Submitted*$95.00 for the following variances: I) New construction, 2) Septic repairs with increase in flows, and 3) Newowner/new lessee applying for food, pool or body art variances. Exemptions from Variance Fee: I) Septic repair without anincrease in flow and variances granted at the counter, 2) Monitoring Plans, and 3) Temporary Food (not a "variance").L Variance request submitted at least 15 days prior to meeting dateVARIANCE APPROVED __ _ NOT APPROVED REASON FOR DISAPPROVAL. _________ _ C:\Users\decollik\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\CSG73LlV\VARIREQ Rev 2022 4cc 6BOH 5-18-2023.docx ArticleXV. Protection of Saltwater Estuaries 360-45. Interim Regulations - flow shall notExceed 330 gpd for 30,000 s.f. or 440 gpd for 40,000 s.f. October 13, 2023 Mr. Thomas McKean, Director Town of Barnstable Board of Health 200 Main Street Hyannis, MA 02601 RE: 55 Poponessett Road, Cotuit, MA – MAP – 35 Parcel 2 Dear Mr. McKean and Board of Health Members: On behalf of our clients, Jeff Dinardo and Maria Apse, a request for a variance is being sought for the above referenced property. Based on a drawing by our firm, dated October 6, 2023, one (1) variance is being requested for the septic upgrade at 55 Poponessett Road in Cotuit. The land area required within the Saltwater Estuary for a 4-bedroom system is 40,000 s.f., however the existing parcel only contains 35,313 s.f. The applicant has included a NitriFAST 0.5 I/A system (Innovative & Alternative system) used for denitrification in the proposed septic upgrade plan. The proposed septic system provides denitrification, with an increase in the design flow over the existing conditions and is properly sited according to the regulations. Under the Town of Barnstable regulations for the Saltwater Estuary the lot would normally be limited to three bedrooms and would not have the requirement of an I/A nitrogen reducing system. By including an the I/A system the locus project and Saltwater Estuary would benefit more from an I/A system serving a 4-bedroom system than a normal Title 5 system serving a 3-bedroom system. Nitrogen calculations have been provided that show that the Proposed Development with a standard 3-bedroom title 5 system will continue to impact the site with a higher nitrogen concentration than the Proposed Development with a 4 bedroom I/A nitrogen reducing system. Nitrogen calculations are attached for each condition. The environmental benefit of granting the variance outweighs the installation of a standard system without the variance. The new Title 5 sewage disposal system Bio-Microbics NitriFast 0.5: to be Installed in accordance With Mass Dep General Use Approval, Transmittal Number X232831, (see attached) I/A denitrification system. The following Variance is as follows: NO DESCRIPTION BYLAW REQUIRED STATE REQUIRED PROPOSED REQUESTED 1.Three (3) bedroom to Four bedroom (4)3 Bedrooms 4 Bedrooms 4 1 If you have any questions, please feel free to call. Sincerely, Mark Dibb, P.E. Senior Project Engineer Encl. Plan and Request Checklist with attachments NitriFAST DEP General Use X232831 Cc: Jeff Dinardo and Maria Apse Nitrogen Calculations NITROGEN LOADING CALCULATIONS 55 Poponesset Road, Barnstable Date: 10/12/2023 By: MD Description: Conversions:1 year = 365 days, d; 1 c.f. = 28.31685 liters, L; 1 lbs = 454,000 milligram, mg FINAL NITROGEN LOADING (ppm) =6.90 1. Wastewater Flows Comments: Wastewater Recharge Rate, WRR (Title 5 design flows or 55 gpd/person) Nitrogen Concentration (NC), flow =35 mg/liter Bedrooms flow Nitrogen gpd level, mg/d Title 5 design flow 3 330 43,717 Title 5 Flow based in occupancy 4.0 220 29,145 Actual WRR WNC (L/d)(mg/d) Wastewater 1,249 43,717 Wastewater 833 29,145 Wastewater Recharge Rate, WRR = Design Flow Wastewater Nitrogen Content, WNC = Design Flow * Nitrogen Concentration 2. Impervious Surfaces Source: CCC WRO Technical Bulletin 91-001 Comments: All building are single story, therefore roof area = building size Driveway and parking area as percentage of lot size =30% Recharge rate, Ri (for driveways) = 40 inches/year Roof nitrogen concentration (RNC) =0.75 mg/liter Pavement nitrogen concentration (PNC) 1.5 mg/liter Area SRR SNC Surface (s.f.)(c.f./d)(L/d)(mg/d) Roofs 3,293 30.1 852 639 Parking & Driveways 3,281 30.0 849 1,273 1,700 1,912 Surface Recharge Rate, SRR (L/d) = Surface Area * Recharge Rate Surface Nitrogen Content, SNC = Surface Recharge Rate * Nitrogen Concentration PROPOSED DEVELOPMENT WITH A 3 BEDROOMS TITLE 5 SYSTEM This report addresses nitrogen-loading concerns associated with the proposed project These calculations are based on the Cape Cod Commission Nitrogen Loading Calculations (Technical Bulletin 91-001). Two Existing Dwelling Developments: 3-bedroom + 7-bedroom refer to written report for build-out condition assumptions. 1 of 2 NITROGEN LOADING CALCULATIONS 55 Poponesset Road, Barnstable Date: 10/12/2023 By: MD 3. Maintained Lawn & Planting Areas Source: CCC WRO Technical Bulletin 91-001 Comments: Fertilizer rate, FR =3 lbs/1,000 s.f. of lawn per year Leached percentage, L =25% Area FNC Surface (sq.ft.)(lbs/d)(mg/d) Lawn & Plantings Areas 5,500 0.0113 5,130.8 Nitrogen Content by Fertilizer, FNC = Lawn Area * Fertilizer Rate * Leached Percentag 4. Natural Surface Source: CCC WRO Technical Bulletin 91-001 Recharge Rate, Rn (natural areas - Barnstable) = 19 inches/year Area SRRSurface(sq.ft.)(L/d) Natural Condition Areas 28,739 3,531 Surface Recharge Rate, SRR (L/d) = Surface Area * Recharge Rate 5. Summary Title 5 Actual Combined Recharge Rate, RR = WRR + ΣSRR =6,480 6,064 (L/d) Total Nitrogen Content, NC =WNC+Σ SNC+FNC 50,759 36,187 (mg/d) Final Nitrogen Loading, NL = NC / RR =7.83 5.97 mg/L refer to written report for build-out condition assumptions. 2 of 2 NITROGEN LOADING CALCULATIONS 55 Poponesset Road, Barnstable Date: 10/12/2023 By: MD Description: Conversions:1 year = 365 days, d; 1 c.f. = 28.31685 liters, L; 1 lbs = 454,000 milligram, mg FINAL NITROGEN LOADING (ppm) =4.94 1. Wastewater Flows Comments: Wastewater Recharge Rate, WRR (Title 5 design flows or 55 gpd/person) Nitrogen Concentration (NC), flow =19 mg/liter Bedrooms flow Nitrogen gpd level, mg/d Title 5 design flow 4 440 31,643 Title 5 Flow based in occupancy 5.0 275 19,777 Actual WRR WNC (L/d)(mg/d) Wastewater 1,665 31,643 Wastewater 1,041 19,777 Wastewater Recharge Rate, WRR = Design Flow Wastewater Nitrogen Content, WNC = Design Flow * Nitrogen Concentration 2. Impervious Surfaces Source: CCC WRO Technical Bulletin 91-001 Comments: All building are single story, therefore roof area = building size Driveway and parking area as percentage of lot size =30% Recharge rate, Ri (for driveways) = 40 inches/year Roof nitrogen concentration (RNC) =0.75 mg/liter Pavement nitrogen concentration (PNC) 1.5 mg/liter Area SRR SNC Surface (s.f.)(c.f./d)(L/d)(mg/d) Roofs 3,293 30.1 852 639 Parking & Driveways 3,281 30.0 849 1,273 1,700 1,912 Surface Recharge Rate, SRR (L/d) = Surface Area * Recharge Rate Surface Nitrogen Content, SNC = Surface Recharge Rate * Nitrogen Concentration PROPOSED DEVELOPMENT WITH 4 BEDROOMS WITH AN I/A SYSTEM This report addresses nitrogen-loading concerns associated with the proposed project These calculations are based on the Cape Cod Commission Nitrogen Loading Calculations (Technical Bulletin 91-001). Two Existing Dwelling Developments: 3-bedroom + 7-bedroom refer to written report for build-out condition assumptions. 1 of 2 NITROGEN LOADING CALCULATIONS 55 Poponesset Road, Barnstable Date: 10/12/2023 By: MD 3. Maintained Lawn & Planting Areas Source: CCC WRO Technical Bulletin 91-001 Comments: Fertilizer rate, FR =3 lbs/1,000 s.f. of lawn per year Leached percentage, L =25% Area FNC Surface (sq.ft.)(lbs/d)(mg/d) Lawn & Plantings Areas 5,500 0.0113 5,130.8 Nitrogen Content by Fertilizer, FNC = Lawn Area * Fertilizer Rate * Leached Percentag 4. Natural Surface Source: CCC WRO Technical Bulletin 91-001 Recharge Rate, Rn (natural areas - Barnstable) = 19 inches/year Area SRRSurface(sq.ft.)(L/d) Natural Condition Areas 28,739 3,531 Surface Recharge Rate, SRR (L/d) = Surface Area * Recharge Rate 5. Summary Title 5 Actual Combined Recharge Rate, RR = WRR + ΣSRR =6,896 6,272 (L/d) Total Nitrogen Content, NC =WNC+Σ SNC+FNC 38,685 26,819 (mg/d) Final Nitrogen Loading, NL = NC / RR =5.61 4.28 mg/L refer to written report for build-out condition assumptions. 2 of 2 Commonwealth of Massachusetts Executive Office of Energy & Environmental Affairs Department of Environmental Protection Charles D. Baker Governor Karyn E. Polito Lieutenant Governor One Winter Street Boston, MA 021 oa • 6 ·17-292-5500 CERTIFICATION FOR GENERAL USE Pursuant to Title 5,310 CMR 15.000 Name and Address of Applican t: Bio-Microbics, Inc. 8450 Cole Parkway Shawnee, KS 66227 Trade name ·or technology and models: Matthew A. Beaton Secretary Martin SuubergCommissioner FAST Treatment Systems with Nitrogen Reduction including mo-de ls MicroFAST® 0.5, 0. 7 5, 0, 9, .. 1.5, 3.0, 4.5, 9.0, HighStrengthFAST® 1.0, 1.5, 3.0, 4.5, 9.0 andNitriFAST® 0.5, 0.75, 1.0, 1.5, 3.0, 4.5; 9.0 (all hereinafter the "System") for facilities with design flows less than 2,000 gallons per day (GPD). Schematic drawings illustrating the mod_els and an Inspection Checklist are part of this Certification. ••• Transmittal Number: X232831 Date of Issuance: December 29, 2010, revised March 20, 2015 Authority for Issuance: Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of Environmental Protection (hereinafter "the Department") hereby issues this General Use Approval to: Bio-Microbics, Inc., 8450 Cole Parkway, Shawnee, KS 66227 (hereinafter "the Company"), approving the above referenced FAST technology (hereinafter "the Technology" or "System") for use in the Commonwealth of Massachusetts subject to the conditions herein. Sale and use of the Technology are subject to compliance by the Company, the Designer, the System Installer, the Operator, and the System Owner with the terms and conditions herein. Any noncompliance with the terms or conditions of this Certification constitutes a violation of 310 CMR 15.000. David Ferris, Director Wastewater Management Program Bureau of Water Resources I.Purpose March 20, 2015 Date This information is available in alternate formal Call Mlchelle Watars-Ekanem, Diversicy Director, at617-292•5751. TTY:: Mass Relay Sorvlce 1-800-439-2370 MassOEP Website: www.mass.gov/dep Printed on Recycled Paper Certification for General Use Page2 oflO Bio-Mlcrobics FAST <2,000 GPD Nitrogen Reducing I.Subject to the conditions of this Approval and any other local requirements, the purpose ofthis Approval is to allow the use of the System in Massachusetts on a General Use basis.With the necessary permits and approvals required by 310 CMR 15.000, this Certificationauthorizes the installation and use of the System in Massachusetts. 2.The System may be installed for residential facili ties with design flow less than 2,000 GPDwhere a system in compliance with 310 CMR 15.000 exists on-site or could be built and forwhich a site evaluation in compliance with 310 CMR 15.000 has been approved by the localapproving authority; or by the Department if Department approval is required by 310 CMR15.000. This Approval allows for the use of the System as an equivalent alternativetechnology in accordance with 310 CMR 15.202 on facilities for nitrogen reduction in aDepartment designated nitrogen sensitive or limited area as defined in 310 CMR 15.214 and 15.215.. . Non-residential facilities are not allowed under this approvat Non-residential facilities·include properties with businesses and/or commercial establishments. 3.The technology shall meet or exceed the following effluent discharge requirements: •Effluent Total Nitrogen (TN) concentration of 19 mg/L (for 660 gallons per day per acre-gpda-loading) or 25 mg/L (for 550 gpda loading). •Effluent pH range shall be 6.0 to 9.0. •The System is approved for use at facilities with a maximum design flow less than 2,000GPD. 4.The System Owner or the designated System Operator (or "Operator') has responsibility foroversight and sampling of the System if the property served was allowed to increase thedischarge rate per acre above 440 gpda in an area subject to Nitrogen Loading Limitations. The System Owner will be required to repair, replace, modify or take any other action asrequired by the Department or the local approving authority, if the Department or the localapproving authority determines that the System is not capable of meeting the requiredreduction in nitrogen in the effluent. The Co!!]pany is responsible for the approved technology as described below. II.General Description of the Technology and Design Standards 1.The tank containing the FAST® insert is installed between the building sewer and the soilabsorption system (SAS). The SAS shall be designed and constructed in accordance with310 CMR 15.100 -15.279 and subject to the provisions of this Certification. 2.Technology Description -The FAST® system is an aerobic wastewater treatment systemthat utilizes a completely submerged fixed film process to treat organics and nitrify, and apassive recycle system for denitrification. Each model contains submerged media specificto the application. Microorganisms grow on the media and remove soluble contaminantsfrom the wastewater, utilizing them as a source of energy for growth and production of newmicroorganisms. The FAST® system insert consists of a liner around the media and anairlift to provide aeration and mixing within the confines of the liner. The area outside theliner in the septic tank remains anoxic for denitrification and a passive recirculation system Certification for General Use Page3 oflO Bio-Microbics FAST <2,000 GPD Nitrogen Reducing moves the aerated wastewater to the outside of the liner to obtain denitrification. The aeration and circulation inside the liner are provided by a blower that pumps air into a draft tube that extends down the center of the media. Treated effluent passes out of the aerobic zone of the treatment plant through a pipe connected directly to a baffled quiescent area in the liner. Final effluent is discharged to a soil absorption system. Specific model considerations are as follows: •The MicroFAST® 0.5, 0.75 and 0.9, HighStrengthFAST® 1.0 and NitriFAST® 0.5, 0. 75 and 0.9 are installed in the second compartment of a two-compartment tank with a total liquid capacity of at least 1,500 gallons constructed in accordance with 310 CMR 15226. •The MicroFAST®, HighStrengthF AST® and NitriF AST® 1.5 are installed in the second compartment of a two compartment 3000-gallon tank constructed in accordance with 310 CMR 15.226. •The MicroFAST®, HighStrengthFAST® and NitriFAST® 3.0 is installed in a separate tank constructed in accordance with 310 CMR 15.226 and located between a standard Title 5 septic tank, designed in accordance with 310 CMR 15.223 and 15.224, and the soil adsorption system (SAS). In this larger system, an additional recycle pump may be needed to send nitrified effluent back to the septic tank for added denitrification. Consult the Company for proper layout. •The NitriFAST® models can also be used for additional nitrification in series after the MicroFAST® models or HighStrengthF AST® models. In this configuration the tanks used for the NitriF AST® shall be constructed in accordance with 310 CMR 15.226 and meet the minimum dimensions and volumes required by the Company. •Flow equalization may also be employed prior to the FAST® system depending on the type of facility. Consult Company for proper layout 3.All access ports and manhole covers shall be readily removable, of durable material and installed and maintained at grade to allow for maintenance of the System. No structures shall be located directly upon or above the access locations which could interfere with performance, access, inspection, pumping, or repair. Sufficient access for infrequent maintenance of the System treatment media and all other treatment works shall be evaluated, and addressed in the System design if necessary, by the designer. System control panel(s) including alarms shall be mounted in a location accessible to the operator of the System. 4.Wastewater Loading and Effluent Concentration Design Standards For new residential construction in an area subject to the Nitrogen Load_lng Limitations of 310 CMR 15214, and the facility does not meet with the Nitrogen Loading Limitations pursuant to the aggregation provisions of310 CMR 15.216, an increase in calculatednitrogen loading per acre is allowed for facilities with design flow less than 2000 gpd with limitations as follows: •The design flow shall not exceed 660 gallons per day per acre (gpda) and the total nitrogen (TN) concentration in the effluent shall not exceed 19 milligrams per liter (mg/I..); or Certification for General Use Page4 oflO Bio-Microbics FAST <2,000 GPD Nitrogen Reducing •The design flow shall not exceed 550 gallons per day per acre (gpda) and the total nitrogen (TN) concentration in the effluent shall not exceed 25 milligrams per liter (mg/L). •TN is measured as the total of TKN (Total Kjeldhal Nitrogen), NO3-N (Nitrate nitrogen) and NO2-N (Nitrite nitrogen). III.General Conditions I.The provisions of310 CMR 15.000 is applicable to the use and operation of this System, the System owner and the Company, except those that specifically have been varied by the tenns of this Certification. 2.Any required operation and maintenance, monitoring and testing shall be performed in accordance with a Department approved plan. Any required sample analysis shall be conducted by an independent U.S. EPA or DEP approved testing laboratory, or a DEP approved independent university laboratory, unless otherwise provided in the Department's written approval. It shall be a violation of this Certification to falsify any data collected pursuant to an approved testing plan, to omit any required data or to fail to submit any report required by such plan. 3.The facility served by the System and the System itself, shall be open to inspection and sampling by the Department and the local approving authority at all reasonable times. 4.In accordance with applicable law, the Department and the local approving authority may require the System owner to cease operation of the system and/or to take any other action as it deems necessary to protect public health, safety, welfare or the environment. 5.The Department has not determined that the performance of the System will provide a level of protection to public health and safety and the environment that is at least equivalent to that of a sanitary sewer system. Accordingly, no System shall be upgraded or expanded, if it is feasible to connect the facility to a sanitary sewer, unless as allowed by 310 CMR 15.004. 6.Design. installation, and use of the System shall be in strict conformance with the Company's DEP approved plans and specifications and 310 CMR 15.000, subject to this Certification. IV.Conditions Applicable to the System Owner 1.The System owner shall at all times have the System properly operated and maintained by a Company approved Operator in accordance with this Certification, the designer's operation and maintenance requirements and the Company•s approved procedures. 2.The System is certified only in connection with the discharge of sanitary wastewater from facilities with a design flow of less than 2000 gpd. Any non-sanitary wastewater generated and/or used at the facility served by the System shall not be introduced into the System and shall be lawfully disposed of. Certification for General Use Page 5 oflO Bio-Microbics FAST <2,000 GPD Nitrogen Reducing 3.The System Owner shall provide access to the site for the System Operator to performinspections, maintenance, repairs, responding to alarm events, field testing, andsampling as may be required by the Approval. Operation and Monitoring Requirements 4.System effluent total nitrogen (IN) concentrations shall not exceed I 9 or 25 mg/L andeffluent pH shall not be less than 6.0 or more than 9.0. Field test observations ofdissolved oxygen (DO) shall equal or exceed 2 mg/L and for Turbidity shall be equalor less than 40 NTU. 5.All samples shall be taken at a flowing disch arge point, i.e. distribution box, pipeentering a pump chamber or other Department approved location from the treatment unit. 6.Inspection, operation and maintenance (O&M), sampling, and field testing of theSystem required by the Approval shall be performed by a Company approved Operatorwho has been certified at a minimum of Grade Level 4 (four) by the Board ofRegistration of Operators of Wastewater Treatment Facilities, in accordance withMassachusetts regulations 257 CMR 2.00, and is an approved Title 5 System Inspectorin accordance with 310 CMR 15.340. 7.Prior to commencement of construction of the System, the System Owner shallprovide to the local approving authority a copy of a signed O&M Agreement thatmeets the requirements of paragraph IV (8). 8.The System Owner shall maintain, at all times, an O&M Agreement with a qualifiedSystem Operator approved by the Company. The Agreement shall be at least for oneyear and include the following provisions: a)The name of a System Operator who is an approved Sys tem Inspector inaccordance with 310 CMR 15.340 and who meets any additional qualificationrequirements specified in the Approval; b)The System Operator must inspect the Alternative System as required byparagraph IV (9) and (12); c)The System Operator shall be responsible for submitting the monitoring results to the System Owner in accordance with paragraph IV (13) and to the localapproving authority in accordance with paragraph IV (14); and d)In the case of a System failure, an equipment failure, alarm event, components notfunctioning as designed, or violations of the Approval, proced ures andresponsibilities of the System Operator and System Owner shall be clearly definedfor corrective measures to be taken immediately. The System Operator shallagree to provide written notification within five days, describing correctivemeasures taken, to the System Owner and the local board of health. 9.The System Owner shall comply with the following monitoring requirements if theSystem is subject to a 1N concentration limit in accordance with paragraph II (4): Certification for General Use Page6 oflO Bio-Microbics FAST <2,000 GPD Nitrogen Reducing a)Year-round installations shall be ins�ted and have effluent sampled for at leastthe TN parameter quarterly for the first year, then a minimum of twice/yearthereafter, at least 5 months apart and with at least one sample taken between December I and March I of each year. Field testing shall be completed perparagraph IV (l l) below, and as determined necessary by the System Operator. See DEP Field Testing Protocol at http://www.masi.gov/dep/wate,:/ laws/ policies. htm#t5pols. Wastewater flow shall be recorded at each inspection, see 'Flow Metering' paragraph IV (I 0). b)Seasonal installations shall be inspected and have effluent sampled for at least theTN parameter a minimum of twice/year. At least one sample must be talcen 30 to 60 days after each seasonal occupancy begins. A second sample must be taken noless than 2 months after the first sample. Field testing shall be completed per paragraph IV (11) below, and as determined necessary by the System Operator.Wastewater flow shall be recorded at each inspection, see 'Flow Metering' paragraph IV (I 0). c)Systems in operation prior to issuance of this Approval, which have receivedapproval of sampling reduction from the Department may continue with that System monitoring frequency. Properties occupied at least 6 months per year are considered year-round properties. Properties occupied less than 6 months per year are considered seasonal properties. TN is measured as the total of TKN (Total Kjeldhal Nitrogen), NO3-N (Nitrate nitrogen) and NO2-N (Nitrite nitrogen). 10.Flow Metering: Reporting of residential System water use is not required, however itis recommended the Operator record water meter readings if available at all inspections, or otherwise estimate System flow, to assist in addressing possibleoperational problems or issues. Flow measurement when recorded shall be based on: a)actual metering data of wastewater flow to the System or actual water meter data offlow to fooures that discharge to the wastewater system; or b)actual water meter data for the total facility with either actual meter data or estimated flows for non-wastewater usage subtracted from the total facility water usage. If estimating the wastewater portion of metered water usage, the SystemOperator shall provide a best estimate of wastewater discharged to the System with the method of estimating, such as pump run times, occupancy rates, adjustment due to seasonal outdoor watering use, etc.; or c)for Systems installed under a prior Approval that did not include a wastewater flowdata reporting requirement, if no flow meters are available, the System Operatorshall provide a best estimate of wastewater discharged to the System with the method of estimating, such pump run times, occupancy rate, etc. 11.Field Testing: Temperature, turbidity, pH and DO shall be measured and recorded inthe field whenever the effluent is sampled for 1N. See applicable sections of theDepartment's Field Testing Protocol at http:llwww.mass.gov/deplwater/laws/ policies.htm#t5pols. Certification for General Use Bio-Microbics FAST <2,000 GPD Nitrogen Reducing 12.At a minimum, the System Operator shall inspect the System: a)quarterly for the first year then two times per year thereafter; Page 7 of 10 b)in accordance with the approved O&M manual, the Designer's operation and maintenance requirements, and the requirements of the local approving authority; and c)any time there is an alarm event, equipment failure, or system failure. Recordkeeping and Reporting 13.Within 60 days of any site visit, the System Operator shall submit an O&M report and inspection checklist to the System Owner and the Company. It is recommended the System Owner and Company maintain copies of these items for possible Department audit. The O&M report shall include, at a minimum: a)for a System failing, any corrective actions taken; �) wastewater analyses, wastewater flow data, field testing results and inspection checklists; c)any violations of the Approval; d)any determinations that the System or its components are not functioning as designed or in accordance with the Company specifications; and e)any other corrective actions taken or recommended. 14.By February 15th of each year the System Owner or the System Operator if designated by the owner, shall submit to the local approving authority all monitoring results with all O&M reports and inspection checklists completed by the System Operator during the previous 12 months. 15.Upon determining that the System has failed, as defined in 310 CMR 15.303, the System Operator shall notify the System Owner immediately. 16.Upon determining that the System has failed, as defined in 310 CMR 15.303, the System Owner and the System Operator shall be responsible for the notification of the local approving authority within 24 hours of such determination. 17.The System Owner shall notify the Approving Authority and the Company in writing within seven days of any cancellation, expiration or any other change in the terms and/or conditions of the O&M Agreement required by Paragraph IV (8). 18.Violations of the 1N concentration in the System effluent shall not constitute a failure of the System for the purposes of 24-hour notification or 5-day written reporting as required in Paragraphs IV (1-6) and (8). 19.The System owner shall provide a copy of this Approval, prior to the signing of a purchase and sale agreement for the facility served by the System or any portion thereof, to the proposed new owner. Certification for General Use Page8 oflO Bio-Microbics FAST <2,000 GPD Nitrogen Reducing 20.The System owner shall furnish the Department any info.rmation that the Departmentrequests regarding the System, within 21 days of the date of receipt of that request. 21.Prior to issuance of a Certificate of Compliance of the System, and after recording and/or registering the Notice required by 3 IO CMRI 5.287(10), the System Ownershall provide to the Local Approving Authority a copy of: (i) a certified Registry copy of the Notice bearing the book and page/or document number; and (ii) if the propertyis unregistered land, a Registry copy of the System Owner's deed to the property, -bearing a marginal reference on the System Owner's deed to the property. The Noticeto be recorded shall be in the form of the Notice provided by the Department. 22.Prior to signing any agreement to transfer any or all interest in the property served bythe System, or any portion of the property, including any possessory interest, the System Owner shall proyide written notice of all conditions contained in the Approvalto the transferee(s). Any and all instruments of transfer and any leases or rentalagreements shall include as an exhibit attached thereto and made a part of thereof a_copy of the Approval for the System. The System Owner shall send a copy of suchwritten notification(s) to the LocalApproving Authority within IO days of giving such notice to the transferee(s). V.Conditions Applicable to the Company 1.The Company shall notify the Director of the Wastewater Management-Program atleast 30 days in advance of the proposed transfer of ownership of the technology for which this Certification is issued. Said notification shall include the name andaddress of the proposed new owner and a written agreement between the existing andproposed new owner containing a specific date for transfer of ownership, responsibility, coverage and liability between them. All provisions of thisCertification applicable to the Company shall be applicable to successors and assignsof the Company, unless the Department determines otherwise. 2.The Company shall develop maintain and update as necessary the following:minimum installation requirements; an operating manual, including infonnation onsubstances that should not be discharged to the System; a maintenance checklist; and a recommended schedule for maintenance of the System consistent with theDepartment's requirements essential to consistent successful performance of the installed Systems. 3.The Company shall institute and maintain a program of operator training and continuing education. The Company shall maintain and annually update, and make available the list of qualified operators by February 15th and make the list known tolocal approving-authorities, the Department and to users of the technology. 4.The Company shall furnish the Department any information that the Departmentrequests regarding the System, within 21 days of the date of receipt of that request. 5.The Company shall include copies of this Certification and the procedures describedin Section V (3) with each System that is sold. 1n any contract executed by the Company for distribution or re-sale of the System, the Company shall require the distributor or re-seller to provide each purchaser of the System with copies of this Certification and the procedures described in Section V (3). Certification for General Use Page 9 oflO Bio-Microbics FAST <2,000 GPD Nitrogen Reducing 6.A copy of the wastewater analyses, wastewater flow data, field testing results, and System Operator O&M reports and insp ection checklists from each installed Systemshall be maintained by the Company or its designee for possible Department aud iL 7.If the Company wishes to continue this Certification after its expiration date, the Company shall apply for and obtain a renewal of this Certification. The Company shall submit a renewal application at least 180 days before the expiration date of th.isCertification, unless written permission for a later date has been granted in writingby the Department. This Certification shall continue in force until the Department has acted on the renewal application. VI.Conditions Applicable to the System Designer I.Upon submission of an application for a DSCP, the Designer shall provide to the local approving authori ty: a)a certification, signed by the owner of record for the property to be served by the System, stating that the property owner: i)has been provided a copy of the Approval, the Owner's Manual, and theOperation and Maintenance Manual, if applicable, and the Owner agrees tocomply with all tenns and conditions; ii)has been informed of all the owner's costs associated with the operationincluding, when applicable: wwer consumption, maintenance, sampling, recordkeeping, reporting, and equipment replacement; iii)understands the requirement for a service contract;-·- iv)agrees to fulfill his responsibilities to provide a Deed Notice as required by 31 0CMR 15.287(10) and the Approval; v)agrees to fulfill his responsibilities to provide written notification of theApproval to any new owner, as required by 3 IO CMR 15.287(5); vi)if the design does not provide for the use· of garbage grinders, the restriction is understood and accepted; vii)if the design is for an upgrade of failed or nonconforming system, the System Owner has been provided a copy of the evaluation of the existing system; viii)whether or not covered by a warranty, the System Owner understands therequirement to repair, replace, modify or take any other action as required bythe Department or the local approving authority, if the Department or the local approving authority detennines that the Alternative System is not capable of meeting the performance standards; and b)a certification, signed by the Designer that the design conforms to the Approval withConditions and 310 CMR 15.000. VII.Reporting I.All notices and documents required to be submitted to the Department by this Certification shall be submitted to: Certification for General Use Bio-Microbics FAST <2,000 GPD Nitrogen Reducing Director Wastewater Management Program Department of Environmental Protection, One Winter Street -5th floor Boston, M�ssachusetts 02 I08 VIII.Rights of the Department Page 10 oflO J.The Department may suspend, modify or revoke this Certification for cause, including, but not limited to, non-compliance with the terms of this Certification, non-payment of the annual compliance assurance fee, for obtaining the Certification by misrepresentation or failure to disclose fully all relevant facts or any change in or discovery of conditions that would constitute grounds for discontinuance of the Certification, or as necessary for the protection of public health, safety, welfare or the environment, and as authorized by applicable law. The Department reserves its rights to take any enforcement action authorized by law with respect to this Certification and/or the System against the owner or operator of the System and/or the Company. Transmittal: X23283I (formerly WJ01238) LOCUS MAP NOTTO SCALE N 6 INV,OF PIPEATD-80Xlt-l.ET• 33.33 16 CRA.'M.SPACE• T80 15 SEWAGE SYSTEM PROFILE & DETAILS NOT TO SCALE 1. FURNISH RiS£RS TO SET COVERS� 6 lNCtES OF FINSH GRADE. 2. �10 same TN«, CHAMBERS N-D OISTRSBVTION BOX (O&OX), N-D SO£DULE 40 PVC PIPE Tl-ROUCHOUT. 3. Tl£ CONTRACTOR stW..L BE RESPONSIBLE FOR OBTAJNNG A TRENCH PERJ,tT FROM Tl£ UXA1. KNCIPAUTY INYffCH Tl£ YwORK IS BEJNG PERFORMED. <t. BKWACR081CS t.lCROFAST:MASS OEPGENEAAl.USEAPPROYAt.. TRANSl.fl'TAI..MJM8ERX2212131 Fl1SER N<, COVER TO 8E SET TO v..mtN tr OF FNStEOGRAOE I SERVE AS INSPECTION PORT ALTER FABRIC '\_CONTRACTCRSHAU.COHTACTEN::l>EERTOASSfSSEXISTING son. MATERIAi.. PRtOR TO INSTAUATION OF LEAatNG SYSTEM. �UTA8LE MATERIAL ENCOIMTEREO QI.RNG INSTAUATION SHALL BE REMOVED• REFER TO SEPTlC SYSTEM NOT£ 8 USE (2) SOO-GAU.ON CHAMBERS WITH OOl8.E WASI-EDCRUSI-ED STONE 48" AT ENOS /HJ SIOES EFFECTIVE DIMENSk>NS: LENGTH �.S. WIDTH• 12.8'. HEIGHT• 2.r/ SEPTIC SYSTEM NOTES 1. AU. CONSTRUCTlONAKJMATERW.S stW..L CONFORM TO TI£ STATE EtMRCH,ENTAl COOE, TITLE 5 (310 � 15.00), N<, TI-£ LOCAL BOARD OF HEAl.llt 2. TI£RE SHA.LL BE NO QW.IGES MADE� THS Pl.AN'MTHOVT TI£ WRmEN f'ERMSSIQ,I OF n£ ENGNEER N¥J LOCAL. BOARD OF t£Al.TH. 3. All. ERRORS, CMSSIONS, N-D �E OF cotOTlONS AT THE SITE SHAU. BE BROUGHT TO Tl£ ATTENTION OF Tl£ ENGINEER PRIOR TO PERFORMNG THE R£lATEDv«lRK. .C, AU.DISTURSEDAREASARE TOBE LOAMEO,SEEDEOAKJMAINTAlhEDTO P!IEVENTEROSION. 5. FOR PROPER PERFORMANCE, SEPTIC TAN< SHOULD BE NSPECiED AT LEAST ONCE A YEARN-DYH!NTI-£ TOTAlOEPTH OF SCUMl,JDSOUDS EXCfEOS 1/3 THE UO\JD OEP'Tl-1 OF Tl£ TANK. Tl£ TAN<. SHCU.D BE PUMPED. 6. THS&YS'reMtw.BEENDESIGtEDFROMCI.TAREVl�IHJ ACKN0IM..EDGED BY THE MASS. D.EP. N¥J TI-E I.OCAL BOARD OF HEAL TH: N«l eot-FORMS WITH Tl£ REQUREMENT& OF TlE STATE EIMRC>t,&ENTAI.. COOE. TTTI..E 5. NO GUA.RAHTEE OF PE.RFORMA.NCE IS EXPRESSED OR IMPLIED. 7. lTi.STHOl.E INFORMA.llONSHCIWHHEREONISLNTEDTOSOLCONCmONS FOI..N) AT TKI. T PARTlCU.AR TEST HOlE LOCA TlONS AKJ IS NOT CCINSIOERED AN n.FLEO OR EXPRE&SEDWAAlWfrf OF SOI. COJOllONS BEYON> UMTS a SUCH TEST HOLES. a. Al.1.0RGANCIHJ.....SUTAa.E MATERIAL MUST BE REMOVED FROM Tl£ AREA OIRECTlY l.NXRN«> 5 FEET BEYON'.> Tl£ PROPOSED l..EACHNG FAaUTY. THS AA£>,. MUST BE 8Aa(Fll.Lf0l0 Tl£ El..EVATlONS ltOCATEDON THESEPLANS¥.CTHSELECTOH-SITEORIMPORTEDSOI.MATERIAL. CONSlSTtNG OF a.EAN GRANA.AR SAN) OR OTI-ER GRNU.AR IMTERIAL. FREE FROM 0RGANC MATTER N¥J Olt£R DELETERk)US SUBSTANCES. t.lXT\MS N¥J LAYERS stW..L NOT BE USED. ll£ F1Ll MAlTi.RIAL SHAU. cotf'ORN TO ll£ STATE BMRONrENTAlCOOE. TITLE 5 -310 CMR SECTION 15.255 (3) N¥J SHAU. HA.VE PERCOlATlON RATE OF BET\\£EN 1'NO A}D FrVE 1.CNJTES PER INCH, BEFORE N¥J AFTER PI.ACEMENT. 9. ALL STOtE MUST BE OOU8LE WASt£D N-D FREE FROM Al'ES N-D ANY �-----------------.,__--------------------------------------------------------------,----------- D - E _ S _ IG _ N _ D _ A _ T _ A _________ --l ����T"'-VELESSTHm021'£RC<NTMATERIAI.SNER M (0 0 � z LEGEND ■CB-------CONCRETEEIOU-<) ■ SB -------STONE BOl.NO GRC -------ROOCAP 01P -------IRON PIPE FOlK> lit -------1-fYCRANT e -------WATER SHJTOFF ■ -------CATCH�NSQUt.Rf cu., -------\JTllJTY P0LE 0--------GUY POL£ � -------GUYV.,RE *-------UGHTPOI.E ,. -------SIGN e -------cot-EEROUSTR£E 8 -------DEOOUOUS TREE t ::::::: �MAP t§) -------CO�EROUSSl-flle ---OffN---O\IW£ADl',IRES �::::::���':������ �� ��FENCE --------STOCKADE FENCE -•--•--•-PICKETROW --a--a--CHAINUt,f(ffNCE c=:]-------:��:=�LUOEDIN CBDH FOUND / / / / / / // ====SL---- __ ,,,. . .+ 0 IP CONC W NAIL PARCEL 034026 (ON TOWN WATER) 0 10 20 � SCALE: 1· = 20' 40 I 1. TYPE OF ESTABUSHMENT; 4-8EDR00M stNGLE FAMI.Y RESIDENCE 2. SEWAGE SYSTEM DE� FlOW: 110GAI.LONS PER BEDROOM• 110x .C • 440 GPO S. NOTE: lHS SEP11C SYS'reM IS NOT 0ESIGt£D FOR A GARBAGE GRStaR .C. SEP'TICTN«CAPACJTY REOUREO,MU'-UJMOF�Of' DESIGN FlOWOR 1,500GAL • � x '40GAU.ON • 880 GAU.ON (USE 1,500 GAU.ON TANK) 5. DESIGN PERCOLATION RATE:ASS0£Dl.ESS �5-.,ures PER tDi 6. SOILABSORPTlON SYSTEM TYPE: ow.eeR SYSTEM 7. L£AC>Wfll AA£A REQUREO: t.lNML&t '40GPDI (0.7.C CPD'S.f .. a.ASS I S0RJ • 595 SF. a, LEA� SYSTEM PR0POSfO; 33.S LONG x 12.8' WIDE i: r HGH SYSTEM BOTTOM AA.EA PROPOSfO • 12.8' z JJS • 428.8 5.f. SIDEAAEAPROPOSE0•2i:(12.11'+335}x2' TOTAL AREA PROPOSED• •185.25F. •SU,.OSF, i. LEACHNGSYSTEMCN'J.aTYPROPOSED•8 1.C.OSF,x0.7.CGPO'SF.•.c.54GPO 0.plhffom� ·- , ... ,._,.. 38"-10S-10S--1269 , ... ... ,..34".1or 1or-12CT O.plhffomswt.e. ·- , ... ... ,.. 269-120" �-120" SOIL EVALUATOR'S LOG .. , ....... SolT•XU. Soltdo< ......... (US°') -""'""""' DEEP OBSERVATION HOLE TP#1, ELEVATION 35.9 A LOAMYSANl 10YRSl2 B LOAMTSANl 10YR5JI Cl MED\MSANl 2.SY6/4 Cl I.EO<XlARSE 2.SY7/3 NO SAN) DEEP OBSERVATION HOLE TP#2. ELEVATION 35.7 A LOAMYSANl 10YRSl2 B LOAMYSANl 10YR5JI Cl MEOSANl 2.5Yt.'4 Cl IE><:OARSE 2.5Y7/3 NO SAN) .. , ...... SolT-. SolC.O. ......... (US°') -""'°'""' DEEP OBSERVATION HOLE TP#3, ELEVATION 35.2 A LOAMTSANl 10YRSl2 LOAMYSANl 10YR518 Cl Mal.SAN) 2.SYBI.C NO DEEP OBSERVATION HOLE TP"4, ELEVATION 35.1 Cl LOAMYSAN:I 10YRSl2 LOAMY SAN) 10YR518 MEDIIUMSAK> 2.SY&'.C NO PERCOLATION RATE • c 2 MIMJTES I l'ICH IN C1 LAYER DEPTI-1 TO GROl.tONATER • NOi'£ ENCOUNTERED, OBSERVATIONS BY: GLfN HA.RRINGTON. R.S. WTIESSED BY: CI.VIO STANTON, R.S. Cl.TE lli.STEO; 9N23 GENERAL NOTES OtharRlllatlw , ..... FRIABLE FRIABLE-'1RM LOOSE LOOSE FRIABLE FRIABLE-'1RM LOOSE LOOSE Oho,_ ,_,, FRIABLE FRIABLE LOOSE FRIABLE FRIABLE LOOSE LOCATtONS ARE BASED ON AN 90N Tl-IE GROlNT NSTRUMENT SI.R.'EY AHO ELEVATIONS BASED ON THE NA.VD 1988 0-.TUM. COORDINA.TE SYSnM USED IS Tl£ MA-MA.IN.At() COORCNATE SYSTEM. OAT\.N; NAO 83, LNTS: U.S. Sl.RVEY Fe.ET. DIMENSIONS OF EXISTING BUL[)INGS � BUL.DtNG OFFSETS SHO'M\11-EREON ARE. TO CORt£R 10. Tl£ DESIGl'ER tw.NOTEIEEN RETAl1£0 BYnEaJENTTO CONSTRUCTOR SUPERVISE TI-E CONSTRUCTION OF TI-E SYSTEM. nE CONTRACTOR IS RESPONSIBLE FOR MAl<lNG ARRANGEMENTS FOR NSPECllON OF INSTAUATlON OF Tl£ SYSTEM'MTH TI-£ LOCAL BOARD OF tEALTH. 11. n£GEl£RALCONTRACTORIS RESPONSl9l.E FORAI..LH:>RIZONTALAKJ VERllCM.CONTROLOF A1.1.SYSTEMCOMPOt£NTS. 12. TIGHT JOINTPIPI-GMATERIAL TOCONSaST OF POlYVINYl.CK..ORIOE(P.V.C., SCH:DI.LE 40, lH.ESS OnERWSE NOTED. 13. THE C0NTRACT0R SHA.1.1. NOTFY TI-E DESIGN ENGll'EER FOR CONSTRIJCTION INSPECTIOH AFTER EXCAVATlON FOR Tl£ I.EACHNG BED (PRIOR TO ll£ PLACEMENT OF STOtE) AN> ALSO AFTER PLACEMEHT OF PIPE & STQE PRIOR TO IIACKRUNG. 1-t. OE.SIGN ENGINEER SHA,1.1. �TlFY CONSlRUC'OON OF SYSTEM ANO MATERIALS IHSTAll.ED. ll£<XlffTRACTORSHAL1. PROVIOEASIEVE ANA.LY� OF THE FU.L MATERIAL REQUIRED. AN AS-8ULT Pl.AN SHAU. BE sue,,,wmo TO THE LOCAL. 90ARO OF t£Al. TH l.fl'0N COMPI.EllON. 15. NO RUBBER TIRE CONSlRUC'OON IAACHl'ERY SHAU.OfWE OVER Tl£ PROPOSfD SEPTIC BED EXCAVATlON CURING CONSTRUCTlON. 18. OIG-SAFE AN>A1.1.0n£R l'EC£SSARY Avn«lRIT1ESSHAL1.BEHOT1'1EDFOR THE PROPER LOCATION Of= EXJSTINO UTIUTIES PRK>R TO NI'( EXCAVATION. 17. WATER SERVk:E LM SHAL1. BE LOC,\TED NC> MARKED PRK>R TO ANY EXCAVATING AND 1rl MN. SETBACK DISTANCE FROM 5.'JDSEIMCE TO THE SEPTIC SYSTEM SHA.LL. BE MAJNTAI� 1 8. ALLWATERUl'ESWTHN 10'0FSEPTICSYSTEM COMPOt£NTS SHALL. 8E SLEEVED'MlHIN � PVC SO£DU.E Cl PIPE. VARIANCE SALTWATER ESTUAAY LOCATlON· 3 BEDROOMS Al.1.CMEO• .C 8EOROOMS PROPOSB> LAND AREA REOURED• Cl.OOOSF. LAND AREA PROVUO • 35.313 SF. MIIPlMW.'l'NOT • .tDOtlll0.ontTUlf'1'0lol.Oll�UP:CONNtT_Y.,.NtTON(0™DtTHANC,,,C& l:SI..NCl$�.NC.. U'lol.LUAICIUMTI..SU0111MlqJll�ll'Ol!S1-N9'1'.M.10NtlUP1.ANNOPCUoNOll PVt-,..,..AI.Oll�otTIQOl....,YllnY-Tt9:N'-TIOPICOffl'MCDHOot,NClnd PI.Nlllo,uqJM!PllOf'Olt1'0feANAICI-Dl0INCDIIHO.NC.. COPYR1GHT fCJ BY CAPE A ISLANDS ENGWE.ERING, INC. ALL RJGHTS RESERVED PREPARED FOR: BY CH< BOARDS OR 6IDINGEXTENTSAN>ARE OISP\.AYEDINENGINEERNJUNTS 'MTHA PRECISION OF ON; JEFF DINARDO ANO MARIA APSE TENTH(0.1jOfAFOOT. 1S9GLEZENLMIE WAYLMID, MA01778 ==�=�=E�A���=�:=OF ONS:ux��1• t.ir.=...------------------,NOT PERFORMED. ZONNG DISTRICT; RF PROf>ERTY IS LOCATED'MTHN AN AREA HAV\NG A ZONE DESIGNATION Of= MN MAL FLOOO HA.ZARO ZOtE X BY THE FEDERAL EMERGENCY MANAGEMENT AGfNCY (f"EMA), ON Ft.000 NSI.R-\N:E RATE MAP NO. 25001C07S6J, WITHA MAP EFFECTIVE DATE Of JU.Y 16.201.C. ms LOT IS NOT LOCATEDWITHNA DEP APPROVED ZONE I �WEAD PROTECTION AR£A. THSLOT ISNOTMAPPEOWITHNAMESANATUW...l-£RfTAGEAND�REDSPECIESAAEA. Yi.VI) EXPOSURE CATEGORY: ZotE C LOT COVERAGE: LOTAREA•35.313SF. DEED REFERENCE: BOOK 35761 PAGE l22 O'MER: JEFFREYOINAROOAKJw.RIAN>SE 159GL.£ZfNl.A/'£ WAYlAND,1M01ne Pl.AN REFEREN:E: BOOK 19 PAGE 1"3 55 POPONESSETT ROAD COTUIT, MASSACHUSETTS SHEET NO .: 1 OF 1 DATE: OCTOBER 6, 2023 DRA'NN BY: 'NNH CHECKED BY: MD PREPARED BY: �CAPE & ISLANDS llo:::::::E N G I N E E R I N G Sl.NMERAELD PARK 600 FAlMOUTH ROAD SLUE 301C MASI-ft£, MA 02649 ORAWNG TITL E: 508.4n:rzn. PHONE 508.4n.9072 FAA www.CapeEng.eom SITE & SEPTIC DESIGN PLAN ASSESSORS INFORMATION: MAP 35 PARCEL 2 J>i ..:a. N � w � -� � � nl id �H � ' � � ... � � � � � "" p n I ! ii • i � H H� H i n n n n� H nm -"�m o i ' ; � � :t � n n � � le i I n I I � . � H i i n., " � i. f le II n n > � d � i ,, • m � � � n z . � i g � § g m � . i!h Iii o I J � � I q I � ' � ' � i l'fi:OJECT, DINARDO 7 G') ►� ;.:, � � ► G') m 1J r ► z en -I C 0 0 1J r ► z GARAGE � � 15 POPPONESSETT RD, COTUIT, MA e mus FLOORPLANS AND SCHEDULES '"-" l l '""' l , . .,,. -.cu @) @) @) � W14X 43 STEa SM !3'.C 3'-" n I ® ® � I I� _____ J� � ,1© ® ® i 8 ® •;: ® /Ir - 0 l::!l � ® --,,.�� ® � � <,i � � <-0' <'-0' "'""'"" (508)428-4219 fAX (!,06}428�4M ARCHITECTURAL INNOVATIONS A�OIAICHrt:M'PJstS.WC. P.G.BOX 2056. corurr. \IA 026.55 SCREENED PORCH DINING TCHEN GREAT ROOM LO --PANTRY � � FRONT PORCH PROPOSED PROPOSED SQUARE FOOTAGE FIRST FLOOR PLAN 11<'•1'-0' FIRSfflOORllVING SECONDftOORllVING 953$0.FT. TOTAtlNlNGSPACE 2,728SQ.FT. FRONT PORCH SCREENED PORCH o: A1 � ATTIC SP. CL --------- PROPOSED LOFT SECOND FLOOR PLAN 1/'°•l'-O" PROPOSfO SQUARE FOOTAGE FIRST flOOR LIVING 1,775 SQ. FT, SECONOFlOORtMNO 953SQ.FT. TOTALllV!NGSPACE 2.728SO.FT. FRONT PORCH SCREENED PORCH 296S0.FT. 438SQ.FT, � it �3 Ii� <�ij �;§ z�..:' .;� § ..,. i§ iii �<� w (J C z2 w� z Cl � <( � -.a. en u w.; Cl: n:•0 � 0 � o: ..J a: u. n: z 0 • z cc!0 z� (.) a: en j g I DATE 07/111/l02l SCALE AS NOTED ---- OAAWNO• A2-4 TRANS. NO.: ---------------- CITY/TOWN: COTUIT --------------- APPLICANT: JEFF DINARDO AND MARIA APSE ADDRESS: 55 POPONESSETT ROAD DESIGN FLOW: 44 o gpd REVIEWED BY: MARK DIBB, P.E. DATE: 10/10/23 Street, Lot, tax parcel number and lot number noted on plan [310 CMR 15.220 4) u Plan proper scale? {l "=40' for plot plans, 1 "= 20' or fewer for com onents) [310 CMR 15.220 4)] Easements shown 310 CMR 15.220(4)(b)] System located totally on lot served [310 CMR 15.405(l)(a) for u ades -i not, a variance is re uired [310 CMR 15.412(4) Location of impervious surfaces (driveways, parking areas etc.) 310 CMR 15.220(4 d)] Location all buildings existing and proposed 310 CMR 15.220 4 c) Location and dimensions of system components and reserve areas. 310 CMR 15.220(4)(e) ided ovided) North Location and log of deep observation holes ( existing grade el. on each test 310 CMR 15.220 4 h Names of soil evaluator and BOH representative [310 CMR 15.220(4)(h) and (i Location and date of percolation tests (performed at proper elevation? 310 CMR 15.220 4 i Certification statement b Soil Evaluator 310 CMR 15.220(4) • Observed and Adjusted groundwater (method for adjustment given or indicated) [310 CMR 15.103(3) and 310 CMR 15.220 4 n Address 55 Poponessett Road, Cotuit NIA OK X X X X X X X X X X X X X X X X X X NO Sheet 1 of7 Inlet tee located ten inches below flow line Outlet tee 14" or 14" + 5" per foot for increase ft depth [310 CMR 15.227(6 Note regarding installation on stable compacted base [310 CMR 15.228(1) Separation between inlet and outlet tees (no less than liquid de th 310 CMR 15.227 2 Inlet/Outlet elevations at least 12" above high groundwater ( except as described 310 CMR 15 .227 ( 5)) or permitted for u rades underLUA 310CMR15.405(l)(k)] Minimum cover 9" (Tanks buried more than 9" must have risers on all openings and on the d-box) [310 CMR 15.2228(1) and 310 CMR 15.232 3)( Three access covers (inlet and outlet must be 20" or greater) - middle access at least 8" b 7/07) 310 CMR 15.228(2 ] Access to within 6 " of grade -one port for systems<! 000gpd, two for s stems >1000 d 310 CMR 15.228 2 All at-grade covers secured to unauthorized access? [310 CMR 15.228(2)] Required when other than single-family dwelling or flow> 1000 d [310 CMR 15.223 1 b First compartment 200% daily flow; Second compartment 100% dail flow 310 CMR 15.224 2) and 3 "U" pipe through or over baffle, outlet of each compartment with as baffle or a roved filter 310 CMR 15.224(4)] Address 55 Poponessett Road, Cotuit NIA X X X X OK NO X X X X X X X X X X Sheet 3 of7 $�lli�S�lt]RrI�ll$)!;ijfiM$/(Si. Calculations correct? 4 feet of naturally occurring material demonstrated? [310 CMR 15.240(1 ] System Venting required/provided? (system under driveway or >36" dee ) [310 CMR 15.241] Inspection ports specified and within 3 "final grade? [310 CMR 15.240 13) Breakout requirements met? (No violation of breakout elevation within 15 ft of SAS unless barrier) [310 CMR 15.211(1)[4] and Chambers and Gal. in trench configuration supplied with inlet eve 20 ft. 310 CMR 15.253 6 Each structure with one inspection manhole (if>2000 gpd must b ade)[310 CMR 15.253 2) um len h 31 tion 2x effective de ever erve between trench 1 ( 1) d)] minimum 2 distribution lines [310 CMR 15.252(2)(a) Maximum separation between lines and outside of bed 4' [310 CMR 15.252 2) e) Aggregate depth below discharge pipes 6" minimum, 12" maximum. 310 CMR 15.252 2 Se aration between beds 10' minimum. 310 CMR 15.252(2 Address 55 Poponessett Road, Cotuit NIA OK NO X X X X X X X X X X X X X X X Sheet 5 of? 4)( X X Is the system in a Designated Nitrogen Sensitive Area (Zone II fo a public supply well)? [310 CMR 15.214, 310 CMR 15.215 and 310 CMR 15.216 -also refer to Policy regarding upgrades of such existin s stems] Is the system proposed on the same lot as served by private well ? 310 CMR 15.214 2 • gen loads proposed in compliance? [310 CMR Address 55 Poponessett Road, Cotuit NIA OK NO X X X Sheet 7 of7 October 4, 2023 Mr. Thomas McKean, Director Town of Barnstable Board of Health 200 Main Street Hyannis, MA 02601 RE: Variance Request, 55 Poponessett Road, Cotuit, MA Dear Mr. McKean and Members of the Board: Please accept this letter as my signed statement authorizing Cape and Islands Engineering, Inc. to represent me for purposes of proceeding with the review and approval of the local upgrade approval request for 55 Poponessett Road, Cotuit, MA. If you have any questions, please feel free to contact me or my representative, Cape and Islands Engineering, Inc. at (508) 477-7272. Sincerely, Jeffr ao (Oct 4, 2023 13:56 EDT) Jeff Dinardo and Maria Apse 159 Glezen Lane Wayland, MA 01778 978-852-4266jeff@dinardodesign.comcc: Cape and Islands Engineering, Inc. October 13, 2023 Board of Health Variance Request Abutter Notification Letter Dear Abutter: A public hearing has been scheduled for the Barnstable Board of Health to act on a request for variance from Title V Regulations under CMR15.000 and Town of Barnstable Regulations for the septic upgrade located at Assessor’s Map 035, Parcel 002, 55 Poponessett Road in Cotuit, MA. This Variance Request is being filed on behalf of our clients, Jeffrey Dinardo and Maria Apse. One (1) variance is being requested for the septic upgrade at 55 Poponessett Road in Cotuit. The land area required within the Saltwater Estuary for a 4-bedroom system is 40,000 s.f., however the existing parcel only contains 35,313 s.f. The applicant has included a NitriFAST 0.5 I/A system (Innovative & Alternative system) used for denitrification in the proposed septic upgrade plan. The proposed septic system provides denitrification, with an increase in the design flow over the existing conditions and is properly sited according to the regulations. Under the Town of Barnstable regulations for the Saltwater Estuary the lot would normally be limited to three bedrooms and would not have the requirement of an I/A nitrogen reducing system. By including an the I/A system the locus project and Saltwater Estuary would benefit more from an I/A system serving a 4-bedroom system than a normal Title 5 system serving a 3-bedroom system. Nitrogen calculations have been provided that show that the Proposed Development with a standard 3-bedroom title 5 system will continue to impact the site with a higher nitrogen concentration than the Proposed Development with a 4 bedroom I/A nitrogen reducing system. Nitrogen calculations are attached for each condition. The environmental benefit of granting the variance outweighs the installation of a standard system without the variance. The new Title 5 sewage disposal system Bio-Microbics NitriFast 0.5: to be Installed in accordance With Mass Dep General Use Approval, Transmittal Number X232831, I/A denitrification system. Variance requested under Town of Barnstable Board of Health Regulations: Article XV: Section 360-45: Protection of Saltwater Estuaries: NO DESCRIPTION BYLAW REQUIRED STATE REQUIRED PROPOSED REQUESTED 1. 3 bedrooms to 4 bedrooms 3 Bedrooms 4 Bedrooms 4 1 Said hearing will be held in the James H. Crocker Hearing Room, Barnstable Town Hall, 367 Main St, 2nd Floor, Hyannis, MA on November 28, 2023, at 3:00 pm. Plans and the application describing the proposed activity are on file at the Board of Health office, 200 Main Street, Hyannis, MA. It is recommended to check with the Health Department to confirm the date and time if you are interested in attending. Any questions, we may be reached at 508-477-7272. Sincerely yours, Jean E. Duff-Still Permitting Specialist Board of Health Title V Septic Variance Abutter Map for Subject Parcel 035002 Direct abutters (no set distance) and tbe properties located across tbe street. 035018 "'O"i0075 034022 019076 / � � /; \ 034021 - �::� \---}� 03�020001 \035016 0350 I � 035009 �, 35008 --:-.____ Town of Barnstable GJSUnit gis@town.bam.,tablc.ma.wi Legend 0 Subject Parcel L J Abutters □ Parcels •• Town Boundary -Railroad Tracks Buildings -.J Approx. Buildi JBuildings Painted Llnes Parking Lots Paved Unpaved Driveways Paved Unpaved Roads ■ Paved Road Unpaved Road 0Bridge Paved Median Streams Marsh Water Bodies This m.:ip is for illumatlon purposes only. It ls not adequate for leglll bound.uy determination orregulatoryinterpretation. Th1.s mt1p does not rcpre.,cnt an on-the-gound 5\ll'\'C)', It may be genernlized, may not reOcct current con&tioru, and may contain cartogr.lphlc tm>� or otnlssK>ns. Pan:cl I� shoVln on this map are only graphic reprHentD.tion.s of As,cuor's tax parcels. They are not true property bound.ui.cs nnd do not repre,ent accurate relation.ships to physical objects on the m:tp such u.s building locations. 0 0 63 125ft. 1 inch = approx. 125 ft. Printed on: 10/2/20� Board of Health Title V Septic Variance Abutter List for Subject Parcel 035002 Parcel ID Ownert Owner2 Address Line 1 Address Line 2 State 034021 GREER, BRIAN & SHEEDY, 216 EIGIITH STREET HOBOKEN NJ 07030 CHRISTINE 034022 RENEHAN,JOHN PJR&PATRICIA A 400 MEADOWBROOK ST DAVIDS PA 19087 AVE 034026 HARRINGTON, JOHN M & JOANNE L 10 KINGSBURY STREET NEEDHAM 02492 035001 BELANGER, MICHAEL P 1125 NEAR OCEAN DRIVE VERO BEACH 32963 035002 DINARDO, JEFFREY & APSE, MARIA 159GLEZENLANE WAYLAND MA 01778 035003 UYENOYAMA, CATHARINE M & 2 WESTON STREET MILTON 02186 JAYNE H 035004 KENNA, CHRISTOPHER & CYNTHIA KENNA TRUST PO BOX245 COTUIT 02635 LTRS 035005 DUNNING, WARD W & MAUREEN 46 POPPONESSET ROAD REALTY 46 POPONESSETT RD COTUIT 02635 TRS TRUST Page1of1 Total Number of Abutters: 8 Report Generated On: 10/2/2023 12:01 PM have this list certified. Legend x Spot Heights (NAVD88) --.:-"'���O::::-",:,::'--------=:-;;,:;--::, -Intermediate Contours (NAVD88) tJ /' (1 ..-'�\1,, ,. ' "'-.�:-__..::-:::---::_--:_-::�� �°'> -�-�- --2.§P:!J · -Index Contours (NAVD88)ll / '· r },a• \ \ • v ••1 ,, .. --:;:-..._ '-. ·-;:� -_::::,--..:::::-,-::-_�35Q:14 ��#J_!J.:: Barriersl· ( / ,,I !' \ \1 ' I ��' -i-' . ' <�:: '>:.: #�_::1-0:::;:;;::J.:=i.2:--.,__ Fences,. ) ,, , �3.9.23 1 "' .-:·,-, ---.--..... -, -................... _)-0�.:::.:.:::::;...�----Guardrails •' � l 1 \ �35005 , -. •-._ --. ·-.._ --�;,-, r � 1--_,.__ ) 035 004 ,-,w· '! ·, � # 46�-----..... --..,_: �z=------. P-----,' -. -•· X I ' [ '-_.·-----.:._--;.,--:-------��-RetainmgWalls ,-:':) --.. #58 -, ~-----) .,, -·.--; -----'•-. ;:-._.;;•l/\ \ 11 \ "-'-·-035006--- /�, ----; -·-Stone Walls.;.,t�>:-:--:-_\_�.035003 .J�,\�-, . .\ //, 'f • �/ I _/·-. ��--:::_ -�,"�,_ ·-,_ .... #JG / -4035007 ..,, -Other Walls-'--:\-. ·-,-.· ,., 7' -------· --I . /'.: _....L-- -, ---;e.._ •--....._�..__ ---':·;(-----.::,.->. #-90 • ··< -')):-' / :>-�---� _ ""'' _ -./_ --1 •:�---/ "# 24--..----Hedges \ � ·,,:-7:\1 •r, 'f:(::' __ , ;>1 -pQPDNESSI lT Ro_. --... � / ·?;;J......_ -. Paths' -� \)__ -,_}-,. / '\'.(';-,-, ,;..,-�--1,:_� '--, ....t' ._.,:2.. __ .-..,"'.-_�-·:,-,, """ .-----..... , .... _ / /_,\::::., .-� � Sidewalks/Walkways :,;:,_ \',J::\ j "�---/, / .,..--.. ," ' -,:.;.,...._ '""';:� � \ -...;:.,,.--•:·::------/� ', ■ , -(\\� .. .-·t;'.11' ./_.,,...,,..\ ii:-� 1 ·1·r<-: \:/1 -----1.... ........ �--l ..... ��.,...\,�� / J-:::,:,::.-// f-�...._,; Paved ' ' ........ ,"!. -....._ ___ ..,...-•• �/ .. ·_,@� ,J • , • :•: 1t:•·11 -� \ �·r:, ... J ·. ' ' .. ,. •• _,:� -----37 69 ,-.--,_,_.:" \ -,;..-J.._ ..._ ·:,--.-/1 • i !Unpaved"--•• -, \J ·, Q) __ •• -· -�--:.-Y'"X \ -(:'.:'l1 t/) \ 1 r -��-// SwimmingPools " ' \ �-a./---------1 r-------•, 1-:•:• ' I I � _( � . ' '-"' '\:� -\ ,,.------' '-::;,:o.=,:-. :;(:-::___ _/·/i i1� j I / Ir _....:....::k-. D Above Ground Swimmmg Pools,'\ .\ '\·· ��..,,__ � � ,.,,---\ -�-A r f:i\-'::\:-:-::::_.--::;:;::-r·-i. -....1 _,,,,., / / -�-; 03 00! □InGroundSwimmingPools' 5 \ 'I � ... [---.-----,-,--I / I ' 1 .-02�0� \ \ \ ,. � _/ , J , .. Ai,-i/:f...._('/.-:::\1, I, , ) / ,. / / _/--=''l�]I ExteriorStructures #,!0,0\1 \, ./i '-_1 •3il.}!t (JI'_,,,,,..-,,/ /_.,..;r.-,..-··-1�1;, tr 1 b 03soof!"(;i-'/( / / / /--.,�, .... �■ De�ks�le? t, � �-•• -/ 1,1!f'\ ._ #,43._....._ j / / / ,-,,.� ■ Patios• <? _.... 0 � V >-�-----t�.........,,ri .,__l "·5 _ • --,,. ___ .. 1 I 11 0;4,029 /' • � Exterior_ Stairway"\ _.._1'\ , \ / '\. O:;O� "'--...... ,_ \..._J' ·;:�,,]. I / 1t 989 ("-:D Docks '--�--\ \;,;)' \ ./ -\ r.5.o/' --✓ -- . / 1 4 . I I I I ■Boardwalks\ I 11� I�·-:,, , ', -/ \ ,i-'/ •_ __.,....... I /1 ?8 ':l,g I I JTanks -\ '-• V'� :7 34 83 •r -_-�I I � • '1 \ \ L :-:� -:--/ X-I ( X0314. 02a _· �,.�, :i. ■Fuel Tanksj ' i,. • :,. ' .,• • • V J I ,/ ''� ✓ I I, \\ \ \ _.§;:•<Zt:?L� It;;,,, ----�-=ff,' I C, , /trn' ( /A:�-�'>-�--_.. Ill Water Tanks \ \ (0-3"4�:)22 '\;------,.____.. ./;--\ � 1 I,'J'l ( I / l //'"'.. • --� Jetties/ Revetments I \ 1'\� Z:11 / 21. \ -/-' ' \ ' --' '---------._J j ll i / (�.f GJ Stone Jetties RevetmentsI \ \, \ zru�� -, _ _,..,,.--\. �\ _; -'. ,, / 32.9;\ _., _.�./ . f ,· I, 03402l,.,{: • ,-□ Concrete Jetties RevetmentsI \ \ ,, --------�?� , ....... _ I X --;· ............ '. l • r I # 9951 □ Wood Jetties Revetments\ \ 1, -\ °'>,\J ( _lf c:{. Recreation Facilities\ \ -,,,...._ ----.::i'r� :-:._-,,,. -. • -� �/ I /�1 .-.'-I. Sports Areas \ ' �------\' • •• ,,.\... �.J l /., .,.J', ,/, ·•a IfAr ·,� . ...,\\ \ • -:,_,::\_: -.. I 034026 ; -.,..-' .. � w o eas \ �---....._,_ ,=>::��----�--,.\\' � -·.,-•• :_:-_·._,_-_.,_, ____ •·-.-,____..,...---, 1 /.-:\ .-;,,.., /, .. :.--·' -! -"--. WoodedAreas ) ..... \,_--J;'or _, I, ,, ' --...::,��..,_...rt-_.-,,.--., I ' ___ _,J, l, #,1011 ' .-7 ,#f,,, --"' , __ ,_ 1 ' \' , -,--� • ------••• / · ., ,., � -1 , "---1 □ Parcels_ ___,<..,, ',' -, -\ ' •--;::-2s�22 •---\11 ,_.-, \1 ',,-------1 ·, / \_ I.t I \t ,,..-r· _ _ .. -... j,�-..,_ __ ' .1 \ • -·�----g l I-->.. � {l��--� ..._ •• Town Boundary/"0��021"-0--_-··-, \,_ \\ , ·-�\-·-:• _ _..J�·-·-•.-,,,;.,,_. -�..,_ 1 _p--r--c--40--RailroadTracks/ 1159 \ '\ ' , , __ .. • "'/ l ·------.'oI B '!di ';l,.<"::i • ...__ , '-\ \, �034()2"-3 :,;..,. :.: _: .-: . t,7-' --. • . ._______,,� ---m ngs i I/,_(_.,..-.,,...,,.--,, - , -\\, '_ ·\\ \ \. ,•; oi,;,;:{,l\ (i\ , :::�--};&7;7, I II / -.., • ,. � \ \ '\ \ \ � 3�:;53 /-/� / )t--,'-;\t",.,J"""'·-:�.:...~-..,.-�-· ''(._ {_ J'. _ _.-----{et1 I ' • \ ' ' \' 034024'-/ 1 ' -- / �---..._..., '• ,./ • I ( ( 1,-------.__ \ 03402o'oo1, , \ \ #20 1) 1 / !�¼:��� _ --:;:,"'<.� ��----._-, /., , �il: ' I I ......... ' \#43\ \ I I / / ,,;:-::-----�:..:.-::_:_:'::t:--;;,,,--..:_ >---C: --{--__,, � Map printed on: 10/2/2023 This map is for illustration purposes only. It is not adequate for legal boundary determination or regulatory interpretation. This map does not represent an on-the-ground survey. It may be generalized, may not reflect current conditions, and may contain Parcel lines shown on this map are only graphic representations of Assessor's tax parcels. They are not true property boundaries and do not represent accurate relationships to physical objects on the map such as building locations. Town of Barnstable GIS Unit 367 Main Street, Hyannis, MA 02601 508-862-4624 0 83 Approx. Scale: 1 inch = 83 _ Feet 167 feet 0 cartographic errors or omissions. gis@town.barnstable.ma.us 35'-0" F I R S T F L O O R P L A N 1/4" = 1'-0" PROPOSED REF. KITCHEN OFFICE / TV GREAT ROOM PROPOSED FRONT PORCH 6" DN SCREENED PORCH A1 - 4 SCALE: AS NOTED DRAWING #:PROJECT:TITLE:REVISIONS:F I R S T F L O O R P L A ND I N A R D O R E S I D E N C E CLOS BEDROOM DINING 12'-4"13'-0"33'-8" MUD 13'-0"ENTRY 2'-0"2'-0" PANTRY BATH 5'-6"14'-4"LDRY PWD CL 13'-2" X 15'-0" CLLIN 50'-0" 7'-6"7'-6" DATE: 07 / 18 / 202330'-0"10'-2"PROPOSED SQUARE FOOTAGE UP DN FIRST FLOOR LIVING 1,775 SQ. FT. FRONT PORCH 296 SQ. FT. SCREENED PORCH 438 SQ. FT. SECOND FLOOR LIVING 953 SQ. FT. TOTAL LIVING SPACE 2,728 SQ. FT.5 5 P O P P O N E S S E T T R D . C O T U I T , M A 5' CASED OPENING Charles D. Baker Governor Karyn E. Polito Lieutenant Governor Matthew A. Beaton Secretary Martin Suuberg Commissioner This information is available in alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617-292-5751. TTY# MassRelay Service 1-800-439-2370 MassDEP Website: www.mass.gov/dep Printed on Recycled Paper Standard Conditions for Secondary Treatment Units Certified for General Use Last Revised: March 20, 2015 A Secondary Treatment Unit (STU) is an alternative technology designed to reduce the amount of organic material and solids in sanitary wastewater. An STU may be used as a component of an on-site sewage disposal system to enhance treatment prior to discharge to the soil absorption system (SAS). For residential systems with design flows less than 2,000 gpd, certain STU’s may be used as a component of an on-site sewage disposal to reduce the effective leaching area required for the SAS where soil or site conditions may make conventional soil absorption systems more costly or less desirable to construct. For residential systems with design flows less than 2,000 gpd, an STU which allows for a reduced leach field may require less land area, potentially less fill, and less disturbance of the site. The System consists of an STU preceding a soil absorption system and, when the leaching area is reduced or the design flow is 2,000 gpd or greater, the SAS must be pressure dosed. A conventional septic tank precedes the STU unless exempt by the Special Conditions for a specific Technology. The use of an STU in accordance with this General Use Certification requires, among other things: A Disclosure Notice in the Deed to the property (310 CMR 15.287(10)) (A Deed Notice template is available from the Department); Certifications by the Designer and the Installer (310 CMR 15.021(3)); A Massachusetts certified operator who has received training for the technology and is under contract for periodic inspection and maintenance (310 CMR 15.287(10)); Periodic sampling, recordkeeping, and reporting, in accordance with this Approval; Notification within 24 hours by the System Owner to the local approving authority of any System failure; When pumping is required to discharge to the SAS, 24-hour emergency wastewater storage capacity above the elevation of the high level alarm; System Owner Acknowledgement of Responsibilities, in accordance with this Approval. Standard Conditions for Secondary Treatment Units Page 2 of 16 Certified for General Use Last Revised: March 20, 2015 Definitions and References: The term “System” refers to the approved technology in combination with the other components of an on-site treatment and disposal system that may be required to serve a facility in accordance with 310 CMR 15.000. The term “Approval” or “Certification” refers to these Standard Conditions, the Special Conditions contained in the Technology Approval, the General Conditions of 310 CMR 15.287, and any Attachments. The Conditions contained herein MUST be read in conjunction with any special conditions that are Technology-specific. I. Purpose 1. This Certification is for the installation of a System to serve a facility for which a site evaluation in compliance with 310 CMR 15.000 has been approved by the Approving Authority and the site meets the siting requirements for new construction. 2. The sale, design, installation, and use of the System shall be subject to these requirements for all systems that submit a complete Disposal System Construction Permit (DSCP) application after the effective date of these Standard Conditions. Existing Systems and Systems for which a complete DSCP application was submitted prior to the effective date of these requirements shall not be subject to the design and installation requirements, however, the System Owner, the Service Contractor, and the Company shall be subject to all other requirements contained herein. 3. This Certification shall not be used for the installation of a System to upgrade or replace an existing failed or nonconforming system, unless the facility meets the siting requirements for new construction, including a reserve area. All other proposed upgrades utilizing this System shall be in conformance with the Remedial Use Approval issued by the Department for this System. 4. With the other applicable permits or approvals that may be required by Title 5, the Certification for General Use authorizes the installation and use of the System in Massachusetts. All the provisions of Title 5, including the General Conditions for Alternative Systems (310 CMR 15.287), apply to the sale, design, installation, and use of the System, except those provisions that specifically have been varied by this Approval. 5. Provided that the local approving authority approves the System in conformance with the Department’s General Use Certification for the System, Department review and approval of the site-specific System design and installation is not required unless the Department determines on a case-by-case basis, pursuant to its authority at 310 CMR 15.003(2)(e), that the proposed System requires Department review and approval. Standard Conditions for Secondary Treatment Units Page 3 of 16 Certified for General Use Last Revised: March 20, 2015 II. Design and Installation Requirements 1. Effluent BOD5, TSS and pH - The effluent discharge concentrations from the Secondary Treatment Unit to the SAS shall not exceed secondary treatment standards of 30 mg/L BOD5 and 30 mg/L TSS and the effluent pH range shall be 6.0 to 9.0. 2. Except where the Special Conditions for an approved Technology state otherwise, the Alternative System shall include a properly sized and constructed septic tank, designed in accordance with 310 CMR 15.223 – 15.229, connected to the building sewer and followed in series by the Technology and the SAS. 3. Except where the Special Conditions for an approved Technology state otherwise, the Alternative System shall be installed in a manner which does not intrude on, replace, or adversely affect the operation of any other component of the subsurface sewage disposal system. 4. Residential Systems less than 2000 gpd, Alternative Design Standard to 310 CMR 15.242(1)(a) Effluent Loading Rates – For residential Systems with design flows less than 2000 gpd, the required effective leaching area may be reduced up to 50 percent when using the loading rates for gravity systems of 310 CMR 15.242(1)(a), provided that: a) no variance is granted for a reduction in depth to groundwater; b) no variance is granted for a reduced depth of pervious material; and c) effluent pressure distribution is provided and designed in accordance with Department guidance. The Department’s Pressure Distribution Guidance dated May 24, 2002 can be viewed on the internet under Title 5/Septic Systems Guidance at http://mass.gov/dep/ water/laws/policies.htm#t5guid . (Alternatively, the effluent loading rates provided in 310 CMR 15.242(1)(b) for pressure distribution may be utilized, but no reduction in the effective leaching area may be taken when using these loading rates, as stated in the regulation.) For residential design flows of 2000 gpd or greater and for all nonresidential systems, no reduction in the effective leaching area is allowed. 5. When the System is allowed a reduction in the required effective leaching in accordance with Paragraph I.4, the installation shall not disturb the site in any manner that would preclude the future installation of the conventional full-sized primary SAS without encroaching on the reserve area. The record drawings, approved by the local approving authority, must clearly indicate the area for a full-sized conventional primary SAS and the full-sized conventional reserve area are for the sole purpose of upgrading the on-site sewage disposal system in the future, if necessary, without any increase in flow. 6. The record drawings, approved by the local approving authority, must clearly indicate the area for a conventional reserve SAS is for the sole purpose of upgrading the on-site sewage disposal system in the future, if necessary, without any increase in flow. Standard Conditions for Secondary Treatment Units Page 4 of 16 Certified for General Use Last Revised: March 20, 2015 Except for the installed SAS, the System Owner shall not construct any permanent buildings or structures or disturb the site in any manner that would encroach on the area approved for a full-sized conventional primary SAS or the area approved for a full-sized conventional reserve SAS. 7. In a nitrogen sensitive area (NSA), as defined in 310 CMR 15.215, Alternative Systems serving facilities with actual or design flows of 2,000 GPD or greater must include treatment with a Recirculating Sand Filter (RSF) or equivalent technology, as required by 310 CMR 15.202(1). Under this General Use Certification, Secondary Treatment Units are not approved as an RSF equivalent technology and shall not be installed in a NSA to serve facilities with actual or design flows of 2,000 GPD or greater. (The Technology may have a separate approval for nitrogen reduction, but must be installed under that approval.) 8. The System may only be installed in soils with a percolation rate of up to 60 minutes per inch (MPI). 9. Except for septic tank covers which are not required to be at grade, the frames and covers of all other access manholes and ports of the System components shall be watertight, made of durable material, and shall be installed and maintained at grade, to allow for necessary inspection, operation, sampling and maintenance access. Manholes brought to final grade shall be secured to prevent unauthorized access. No structures which could interfere with performance, access, inspection, pumping, or repair shall be located directly upon or above the access locations. 10. All System control units, valve boxes, distribution piping, conveyance lines and other System appurtenances shall be designed and installed to prevent freezing. 11. The System control panel including alarms and controls shall be mounted in a location always accessible to the operator (service contractor). When pumping is required to discharge to the SAS, the System shall be equipped with sensors and high-level alarms to protect against high water due to pump failure, pump control failure, loss of power, system freeze ups, or backups. Emergency storage shall be provided when pumping to discharge is employed, including pressure distribution, such as when the System is allowed a reduction in the required effective leaching area, in accordance with Paragraph I.4. Emergency storage capacity for wastewater above the high level alarm shall be provided equal to the daily design flow of the System and the storage capacity shall include an additional allowance for the volume of all drainage which may flow back into the System when pumping has ceased. 12. System unit malfunction and high water alarms shall be readily visible and audible for the facility occupants and the Service Contractor and shall be connected to circuits separate from the circuits serving the operating equipment and pumps. 13. The System shall not include any relief valve or outlet for the discharge of wastewater to prevent flooding of the system, back up or break out. Standard Conditions for Secondary Treatment Units Page 5 of 16 Certified for General Use Last Revised: March 20, 2015 14. Any System structures with exterior piping connections located within 12 inches of or lower than the Estimated Seasonal High Groundwater elevation shall have the connections made watertight with neoprene seals or equivalent. 15. In compliance with 310 CMR 15.240(13), a minimum of one (1) inspection port shall be provided within the SAS consisting of a perforated four inch pipe placed vertically down to the elevation of the SAS interface with the underlying unsaturated pervious soils to enable monitoring for ponding. The pipe shall be capped with a screw type cap and accessible to within three inches of finish grade. (A locking cap at-grade is preferred for annual inspection.) 16. Upon submission of an application for a Disposal System Construction Permit (DSCP), the Designer shall provide to the local Approving Authority: a) proof that the Designer has satisfactorily completed any required training by the Company for the design and installation of the Technology; b) certification of the design by the Company for any residential system with a design of 2,000 gpd or more or for any proposed non-residential system or if required by the Special Conditions for an approved Technology; c) certification by the Designer that the design conforms to the Approval, any Company Design Guidance, and the 310 CMR 15.000; and d) a certification, signed by the Owner of record for the property to be served by the Technology, stating that the property Owner: i) has been provided a copy of the Approval, the Owner’s Manual, and the Operation and Maintenance Manual and the Owner agrees to comply with all terms and conditions; ii) has been informed of all the Owner’s estimated costs associated with the operation including, when applicable: power consumption, maintenance, sampling, recordkeeping, reporting, and equipment replacement; iii) understands the requirement for a service contract; iv) agrees to fulfill his responsibilities to provide a Deed Notice as required by 310 CMR 15.287(10) and the Approval; v) agrees to fulfill his responsibilities to provide written notification of the Approval to any new Owner, as required by 310 CMR 15.287(5); vi) if the design does not provide for the use of garbage grinders, the restriction is understood and accepted; and vii) whether or not covered by a warranty, the System Owner understands the requirement to repair, replace, modify or take any other action as required by the Department or the local Approving Authority, if the Department or the local Approving Authority determines the System to be failing to protect public health and safety and the environment, as defined in 310 CMR 15.303. 17. The System Owner and the Designer shall not submit to the local Approving Authority a DSCP application for the use of a Technology under this Certification if the Certification has been revised, reissued, suspended, or revoked by the Department Standard Conditions for Secondary Treatment Units Page 6 of 16 Certified for General Use Last Revised: March 20, 2015 prior to the date of application. The Certification continues in effect until the Department revises, reissues, suspends, or revokes the Certification. 18. The System Owner shall not authorize or allow the installation of the System other than by a locally approved Installer and, if required by the Company, a person certified or trained by the Company to install the System. 19. Prior to the commencement of construction, the System Installer must certify in writing to the Designer, the local Approving Authority, and the System Owner that (s)he is a locally approved System Installer and, if required by the Company, is certified by or has received appropriate training by the Company. 20. The Installer shall maintain on-site, at all times during construction, a copy of the approved plans, the Owner’s manual, the O&M manual, and a copy of the Approval. 21. Prior to the issuance of a Certificate of Compliance by the local Approving Authority, the System Installer and Designer must provide, in addition to the certifications required by Title 5, certifications in writing to the local Approving Authority that the System has been constructed in compliance with the terms of the Approval. 22. The Department has not determined that the performance of the System will provide a level of protection to public health and safety and the environment that is at least equivalent to that of a sanitary sewer system. If it is feasible to connect a new or existing facility to the sewer, the Designer shall not propose an Alternative System to serve the facility and the facility Owner shall not install or use an Alternative System; and When a sanitary sewer connection becomes feasible after an Alternative System has been installed, the System Owner shall connect the facility served by the System to the sewer within 60 days of such feasibility and the System shall be abandoned in compliance with current Code requirements, unless a later time is allowed in writing by the Department or the local Approving Authority. III. Operation and Maintenance 1. To ensure proper operation and maintenance (O&M) of the System, the System Owner shall enter into an O&M Agreement with a qualified Service Contractor whose name appears on the Company’s current list of Service Contractors and has been certified, at a minimum, at Grade Level II (two) by the Board of Registration of Operators of Wastewater Treatment Facilities, in accordance with Massachusetts regulations 257 CMR 2.00. Prior to commencement of construction of the System, the System Owner shall provide to the local Approving Authority a copy of a signed O&M Agreement. 2. From start up and thereafter, the System Owner and Service Contractor shall be responsible for the proper operation and maintenance of the System in accordance with this Certification, the Designer's O&M requirements, the Company’s O&M requirements, and the requirements of the local Approving Authority. The System Standard Conditions for Secondary Treatment Units Page 7 of 16 Certified for General Use Last Revised: March 20, 2015 Owner and Service Contractor shall be responsible for compliance with all monitoring and inspection requirements. All inspection, operation, maintenance, and monitoring requirements remain in effect until the conditions are modified, terminated, or superseded by a new Approval. 3. The System shall comply with the following monitoring requirements and effluent limits. The required O&M Agreement with the Service Contractor shall include the following monitoring schedule, at a minimum, subject to modifications that may be required by Paragraphs III.7.a) and 7.b): Parameter Monitoring Frequency Sample Type Location Effluent Limits pH See frequency specified below grab effluent of treatment unit 6 to 9 turbidity See frequency specified below measure effluent of treatment unit ≤ 40 NTU settleable solids See frequency specified below measure effluent of treatment unit Measure and record ml/l only color See frequency specified below visual observation effluent of treatment unit Record observation only dissolved oxygen (D.O.) See frequency specified below measure effluent of treatment unit ≥ 2 mg/l Depth of Ponding within SAS See Paragraph III.10 measure Inspection port to bottom of SAS See Paragraph III.10 Thickness of floating grease/scum layer Once every 3 years measure Septic tank or other process tank where solids are retained Pump out, as necessary Depth of Sludge and distance to effluent tee/filter/outlet Once every 3 years measure Septic tank or other process tank where solids are retained Pump out, as necessary Standard Conditions for Secondary Treatment Units Page 8 of 16 Certified for General Use Last Revised: March 20, 2015 4. An individual household shall be monitored at least once every 12 months (exclusive of alarm responses or other maintenance visits). 5. Facilities (residential and nonresidential) with a design flow of less than 2,000 gpd, other than an individual household, shall be monitored a minimum of twice/year with a minimum of 5 months since the last monitoring inspection (exclusive of alarm responses or other maintenance visits) and a maximum of 7 months between monitoring inspections. 6. Facilities (residential and nonresidential) with a design flow of 2,000 gpd or greater shall be monitored quarterly not less than 2 months since the last monitoring inspection (exclusive of alarm responses or other maintenance visits) and not more than 4 months between monitoring inspections. 7. Systems installed under this Approval shall be subject to the following Performance Requirements: a) Whenever field tests indicate a pH outside the specified range, an exceedance of the turbidity limit, or D.O. below the desired minimum, the Service Contractor shall make adjustments and/or repairs to the System, as deemed necessary during the inspection, and collect an effluent sample for laboratory analysis for BOD5 and TSS; b) For an individual household, if laboratory analyses indicate an exceedance of 30 mg/L BOD5 or 30 mg/L TSS, the Service Contractor shall conduct a follow-up inspection and field-testing within 180 days of the original inspection date. Should the follow-up field-test indicate a pH outside the specified range, an exceedance of the turbidity limit, or D.O. below the desired minimum, the Service Contractor shall make adjustments and/or repairs to the System, as deemed necessary during the inspection, and collect another effluent sample for laboratory analysis for BOD5 and TSS; and c) Whenever two consecutive sampling rounds for any Secondary Treatment Unit include at least one exceedance of the limits for BOD5 or TSS, the System Owner shall be responsible for submitting to the local Approving Authority, within 90 days of the second exceedance of the limits for BOD5 or TSS, a written evaluation with recommendations for changes in the design, operation, and/or maintenance of the System. The written evaluation with recommendations shall be prepared by the Service Contractor or a Designer and the submission shall include all monitoring data, inspection reports, and laboratory analyses since the last annual report to the local Approving Authority. Recommendations shall be implemented, as approved by the local Approving Authority, in accordance with an approved schedule, provided that all corrective measures are implemented consistent with the limitations described in Paragraph IV.10. Standard Conditions for Secondary Treatment Units Page 9 of 16 Certified for General Use Last Revised: March 20, 2015 8. Each time an Alternative System is visited by a Service Contractor the following shall be recorded, at a minimum: a) date, time, air temperature, and weather conditions; b) observations for objectionable odors; c) observations for signs of breakout of sanitary sewage in the vicinity of the Alternative System; d) depth of ponding within the SAS, if measured; e) identification of any apparent violations of the Approval; f) since the last inspection, whether the system had been pumped with date(s) and volume(s) pumped; g) sludge depth and scum layer thickness, if measured; h) when responding to alarm events, the cause of the alarm and any steps taken to address the alarm and to prevent or reduce the likelihood of future similar alarm events; i) field testing results when performed as part of the site visit; j) samples taken for laboratory analysis, if any k) any cleaning and lubrication performed; l) any adjustments of control settings, as recommended or deemed necessary; m) any testing of pumps, switches, alarms, as recommended or deemed necessary; n) identification of any equipment failure or components not functioning as designed; o) parts replacements and reason for replacement, whether routine or for repair; and p) further corrective actions recommended, if any. 9. Unless directed by the local Approving Authority to take other action, the System Owner shall immediately cease discharges or have wastewater hauled off-site, if at any time during the operation of the Alternative System the system is in failure as described in 310 CMR 15.303(1)(a)1 or 2, backing up into facilities or breaking out to the surface. 10. Measuring the depth of ponding within the SAS above the interface with the underlying unsaturated pervious soils shall be performed once per year by means of the inspection ports and any other available access to the distribution system for: a) Residential systems less than 2000 gpd where the effective leaching area installed is less than that required by Title 5 (310 CMR 15.223-228); and b) Any system where a septic tank meeting the requirements of Title 5 has not been installed. (Not providing a septic tank meeting the requirements of Title 5 must be allowed by the Special Conditions of the Technology approval.) 11. Whenever an SAS inspection port measurement indicates the ponding level within the SAS is above the invert of the distribution system, an additional measurement shall be made 30 days later. If the subsequent reading indicates the elevation of ponding Standard Conditions for Secondary Treatment Units Page 10 of 16 Certified for General Use Last Revised: March 20, 2015 within the SAS is above the invert of the distribution system, the System Owner shall be responsible for submitting to the local Approving Authority, within 60 days of the follow up inspection, a written evaluation with recommendations for changes in the design, operation, and/or maintenance of the System. The written evaluation with recommendations shall be prepared by the Service Contractor or a Designer and the submission shall include all monitoring data, inspection reports, and any laboratory analyses for the previous year. Recommendations shall be implemented, as approved by the local Approving Authority, in accordance with an approved schedule, provided that all corrective measures are implemented consistent with the limitations described in Paragraph IV.10. IV. Additional System Owner and Service Contractor Requirements 1. Prior to commencement of construction of the System and after recording and/or registering the Deed Notice required by 310 CMR 15.287(10), the System Owner shall provide to the local Approving Authority a copy of: a) a certified Registry copy of the Deed Notice bearing the book and page/or document number; and b) if the property is unregistered land, a copy of the System Owner’s deed to the property as recorded at the Registry, bearing a marginal reference on the System Owner’s deed to the property. The Notice to be recorded shall be in the form of the Notice provided by the Department. 2. Prior to signing any agreement to transfer any or all interest in the property served by the System, or any portion of the property, including any possessory interest, the System Owner shall provide written notice, as required by 310 CMR 15.287(5), of all conditions contained in the Approval to the transferee(s). Any and all instruments of transfer and any leases or rental agreements shall include as an exhibit attached thereto and made a part of thereof a copy of the Approval for the System. The System Owner shall send a copy of such written notification(s) to the local Approving Authority within 10 days of giving such notice to the transferee(s). 3. The System Owner shall not install, modify, upgrade, or replace the System except in accordance with a valid DSCP issued by the local Approving Authority which covers the proposed work. 4. The System Owner shall provide access to the site for the Service Contractor to perform inspections, maintenance, repairs, and responding to alarm events, as may be required by the Approval. 5. The System Owner and the Service Contractor shall maintain an O&M Agreement at all times. The duration of the O & M Agreement shall be at least one year and shall include the following provisions: Standard Conditions for Secondary Treatment Units Page 11 of 16 Certified for General Use Last Revised: March 20, 2015 a) The name of a Service Contractor, who meets the qualifications specified in the Approval, shall be included; b) The Service Contractor’s responsibilities for inspection, operation, maintenance, monitoring, recordkeeping and reporting, as required by this Approval shall be included; c) The Service Contractor shall be responsible for obtaining lab analyses and submitting the monitoring results to the System Owner and the local Approving Authority in accordance with the reporting requirements; and d) In the case of a System which is determined to be failing to protect public health and safety and the environment, as defined in 310 CMR 15.303, an equipment failure, alarm event, components not functioning as designed, or violations of the Approval, procedures and responsibilities of the Service Contractor and System Owner shall be clearly defined, including corrective measures to be taken immediately. The System Owner and the Service Contractor shall maintain on-site, at all times, a copy of the O&M Agreement, the approved design plans, the Owner’s Manual, and the O&M Manual. 6. The Service Contractor shall submit to the System Owner the O&M report and inspection checklist within 60 days of any site visit. 7. The System Owner and the Service Contractor shall maintain copies of the Service Contractor’s O&M reports, inspection checklists, and all reports and notifications to the local Approving Authority for a minimum of three years. 8. Upon determining that the System is in violation of the Approval or the System is failing to protect public health and safety and the environment, as defined in 310 CMR 15.303, the Service Contractor shall notify the System Owner immediately. 9. Upon determining that the System is failing to protect public health and safety and the environment, as defined in 310 CMR 15.303, the System Owner and the Service Contractor shall be responsible for the notification of the local Approving Authority within 24 hours of such determination. 10. In the case of a System that has been determined to be failing to protect public health and safety and the environment, an equipment failure, alarm event, components not functioning as designed, components not functioning in accordance with manufacturers’ specifications, or violations of the Approval, the Service Contractor shall provide written notification within five days, describing corrective measures to the System Owner, the local board of health, and the Company and may only propose or take corrective measures provided that: a) all emergency repairs, including pumping, shall be in accordance with the limitations and permitting requirements of 310 CMR 15.353; b) the design of any repairs or upgrades are consistent with the System Approval; c) the design of any repairs or upgrades requiring a DSCP shall be performed by a Designer who is a Massachusetts Registered Professional Engineer or a Standard Conditions for Secondary Treatment Units Page 12 of 16 Certified for General Use Last Revised: March 20, 2015 Massachusetts Registered Sanitarian, provided that such Sanitarian shall not design a system with a discharge greater than 2,000 gallons per day. d) the installation of any repairs or upgrades requiring a DSCP shall be done by an Installer with a currently valid Disposal System Installers Permit and, if training is required, the Installer shall be certified by the Company as qualified to install the System. The System Owner shall also be responsible for ensuring written notification is provided within five days to the local board of health. 11. The System Owner and the Service Contractor shall provide written notification to the local Approving Authority within seven days of any cancellation, expiration or other change in the terms and/or conditions of a required O&M Agreement with a Service Contractor. The Service Contractor shall provide written notification to the Company within seven days of any cancellation, expiration or other change in the terms and/or conditions of a required O&M Agreement. 12. By March 1st of each year, the System Owner and the Service Contractor shall be responsible for submitting to the local Approving Authority all O&M reports and inspection checklists completed by the Service Contractor during the previous calendar year. 13. By March 1st of each year, the Service Contractor shall be responsible for submitting to the Company copies of all O&M reports including alarm event responses, violations of the Approval, inspection checklists completed by the Service Contractor, notifications of system failures, and reports of equipment replacements with reasons during the previous calendar year. 14. The Service Contractor shall notify the System Owner of these Conditions and any other changes to the terms and conditions of the Approval within 60 days of any changes. 15. Within one year of any changes to the terms and conditions of the Approval, the System Owner shall amend, as necessary, the O&M Agreement required by Paragraph IV.5 to reflect the changes to the terms and conditions of the Approval. 16. To determine whether cause exists for modifying, revoking, or suspending the Approval or to determine whether the conditions of the Approval have been met, the System Owner shall furnish the Department any information that the Department requests regarding the System, within 21 days of the date of receipt of that request. 17. The Approval shall be binding on the System Owner and on its agents, contractors, successors, and assigns, including but not limited to the Designer, Installer, and Service Contractor. Violation of the terms and conditions of the Approval by any of the foregoing persons or entities, respectively, shall constitute violation of the Approval by the System Owner unless the Department determines otherwise. Standard Conditions for Secondary Treatment Units Page 13 of 16 Certified for General Use Last Revised: March 20, 2015 V. Company Requirements 1. The Approval shall only apply to model units with the same model designations specified in the System Approval and meet the same specifications, operating requirements, and plans, as provided by the Company or its authorized agent at the time of the application. Any proposed modifications of the units, installation requirements, or operating requirements shall be subject to the review of the Department for inclusion under a modification of the Approval. The Designer shall be responsible for the selection of the appropriate model unit except the Company shall be responsible for verification of the appropriate model unit as part of any review of proposed installations that may be required by Paragraph V.3 of these Standard Conditions or the Special Conditions in a Technology approval. 2. Prior to submission of an application for a DSCP, the Company or its authorized agent shall provide to the Designer and the System Owner: a) All design and installation specifications and requirements; b) An operation and maintenance manual, including: i) an inspection checklist; ii) recommended inspection and maintenance schedule; iii) monitoring (i.e. water use); iv) alarm response procedures and troubleshooting procedures; c) An owner’s manual, including alarm response procedures; d) Estimates of the Owner’s costs associated with the operation including, when applicable: power consumption, maintenance, recordkeeping, reporting, and equipment replacement; e) A copy of the Company’s warranty; and f) Lists of trained Designers and trained Service Contractors and, if training is required by the Company, trained Installers. 3. Prior to the submission of an application for a DSCP, for all nonresidential Systems and Systems with design flows of 2,000 gpd or greater, the Company shall submit to the Designer and the System Owner, a certification by the Company or its authorized agent that the design conforms to the Approval and all Company requirements and that the proposed use of the System is consistent with the Technology’s capabilities. The authorized agent of the Company responsible for the design review shall have received technical training in the Company’s products. 4. The Company must maintain programs of training and continuing education for Service Contractors. Training shall be made available at least annually. If the Company requires trained Designers or Installers, the Company or its authorized agent shall institute programs of training and continuing education that is separate from or combined with the training for Service Contractors. The Company or its authorized agent shall maintain, annually update, and make available by February 15th of each year, lists of trained Service Contractors and, if certification or training is provided by the Company, Designers and Installers. The Company or its authorized Standard Conditions for Secondary Treatment Units Page 14 of 16 Certified for General Use Last Revised: March 20, 2015 agent shall certify that the Service Contractors and, if training is provided, Designers and Installers on the lists have taken the appropriate training and passed the Company’s training qualifications. The Company or its authorized agent shall further certify that the Service Contractors on the list have submitted to the Company all the reports required by Paragraphs IV.10, 11, and 13. 5. The Company or its authorized agent shall not re-certify a Service Contractor if the Service Contractor has not complied with the reporting requirements for the previous year. 6. If training is required, the Company shall not sell the Technology to an Installer unless the Installer is trained to install the System by the Company. The Company shall require, by contract, that distributors and resellers of the Technology shall not sell the Technology to an Installer unless the Installer is trained to install the System by the Company. 7. As part of any training programs for Service Contractors, Installers, or Designers, the Company or its authorized agent shall provide each trainee with a copy of this Approval with the design, installation, O&M, and owner’s manuals that were submitted as part of the Approval. 8. The Company shall provide, in printed or electronic format, the System design, installation, O&M, and Owner’s manuals, and any updates associated with this System Approval, to the System Owners, Designers, Installers, Service Contractors, vendors, resellers, and distributors of the System. Prior to publication or distribution in Massachusetts, the Company shall submit to the Department for review a copy of any proposed changes to the manual(s) with reasons for each change, at least 30 days prior to issuance. The Company shall request Department approval for any substantive changes which may require a modification of the Approval. 9. Prior to its sale of any System that may be used in Massachusetts, the Company shall provide the purchaser with a copy of this Approval with the System design, installation, O&M, and Owner’s manuals. In any contract for distribution or sale of the System, the Company shall require the distributor or seller to provide the purchaser of a System for use in Massachusetts with copies of these documents, prior to any sale of the System. 10. To determine whether cause exists for modifying, revoking, or suspending the Approval or to determine whether the conditions of the Approval have been met, the Company shall furnish the Department any information that the Department requests regarding the Technology within 21 days of the date of receipt of that request. 11. Within 60 days of issuance by the Department of these Conditions and any other revisions to the Approval, the Company shall provide written notification of changes to the Approval to all Service Contractors servicing existing installations of the System and all distributors and resellers of the System. Standard Conditions for Secondary Treatment Units Page 15 of 16 Certified for General Use Last Revised: March 20, 2015 12. The Company shall provide written notification to the Department’s Director of the Wastewater Management Program at least 30 days in advance of the proposed transfer of ownership of the technology for which this Certification is issued. Said notification shall include the name and address of the proposed owner containing a specific date of transfer of ownership, responsibility, coverage and liability between them. All provisions of this Approval applicable to the Company shall be applicable to successors and assigns of the Company, unless the Department determines otherwise. 13. The Company shall maintain copies of: a) the Approval; b) the installation manual specifically detailing procedures for installation of its System; c) an owner’s manual, including alarm response procedures; d) an operation and maintenance manual, including: i) an inspection checklist; ii) recommended inspection and maintenance schedule; iii) monitoring requirements and recommendations (including water use and power consumption when required) and sampling procedures; iv) alarm response procedures and troubleshooting procedures. e) estimates of the operating costs provided to the Owner, including, when applicable: power consumption, maintenance, recordkeeping, reporting, and equipment replacement; f) a copy of the Company’s warranty; and g) lists of trained Service Contractors and, if training or certification is required, Designers and Installers. 14. The Company shall maintain the following additional information for the Systems installed in Massachusetts and make it available to the Department within 30 days of a request by the Department: a) the address of each facility where the System was installed, the Owner's name and mailing address (if different), the type of use (e.g. residential, commercial, institutional, etc.), the design flow, the model installed; b) the installation date, start-up date, current operational status; c) the name of the Service Contractor, noting any cancellations or changes to any Service Contracts; and d) copies of all Service Contractor records submitted to the Company, including all O&M reports with alarm event responses, all monitoring results, inspection checklists completed by the Service Contractor, notifications of system failures, and reports of equipment replacements with reasons. Standard Conditions for Secondary Treatment Units Page 16 of 16 Certified for General Use Last Revised: March 20, 2015 15. The Approval shall be binding on the Company and its officers, employees, agents, contractors, successors, and assigns, including but not limited to dealers, distributors, and resellers. Violation of the terms and conditions of the Approval by any of the foregoing persons or entities, respectively, shall constitute violation of the Approval by the Company unless the Department determines otherwise. VI. General Requirements 1. Any System for which a complete Disposal System Construction Permit (“DSCP”) Application is submitted while the Approval is in effect, may be permitted, installed, and used in accordance with the Approval, unless and until: a) the Department issues modifications or amendments to the Approval which specifically affect the installation or use of a System installed under the Approval for the System; or b) the Department, the local approval authority, or a court requires the System to be modified or removed or requires discharges to the System to cease. 2. All notices and documents required to be submitted to the Department by the Approval shall be submitted to: Director Wastewater Management Program Department of Environmental Protection One Winter Street - 5th floor Boston, Massachusetts 02108 3. The Department may suspend, modify or revoke the Approval for cause, including, but not limited to, non-compliance with the terms of the Approval, for obtaining the Approval by misrepresentation or failure to disclose fully all relevant facts or any change in or discovery of conditions that would constitute grounds for discontinuance of the Approval, or as necessary for the protection of public health, safety, welfare or the environment, and as authorized by applicable law. The Department reserves its rights to take any enforcement action authorized by law with respect to the Approval and/or the System against the Company, a System Owner, a Designer, an Installer, and/or Service Contractor. R=358.19'L=230.31' S 04° 48' 06" E 195.43'S 74° 23' 00" W140.63'N 36° 30' 40" W147.49'N 47° 52' 10" E8.58'N 21° 25' 06" W18.56'SBDHFOUND1IN"1IN"1IN"1IN"CBDHFOUNDCBDHFOUNDWATERGATECBASINR=37.49DDMHR=37.64WATERSHUTOFF37.137.637.636.937.237.536.520"2X16"4"13"2X10"20"UPUP36.636.338.338.236.836.436.136.434.433.231.9IP CONC W NAILCB DISC SAVERYFOUNDCB DISC SAVERYFOUND34.135.3SBDHFOUND35.035.936.736.836.435.935.735.712"12"12"12"12"12"6"12"xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xx xx xx xx xx xx xx xxEDGE OF PAVEMENTPAVEDDRIVEWAYEDGE OF PAVEMENTEDGE OF PAVEMENTCHAIN LINK FENCESHED(100 S.F.)#55 POPONESSETTDWELLINGFIN. FL. EL. = 37.8'BULKHEADCHAIN LINK FENCECHAIN LINK FENCECHAIN L INK FENCELOTS215, 216 & 23435,313 S.F.POPONESSETT ROAD (40 ' W IDE - PUBL IC )P I N E Y R O A D(40' WIDE - PUBLIC)PARCEL 034026(ON TOWNWATER)GARAGESLABEL. =36.6'APPROXIMATE LOCATIONOF SEPTIC SYSTEMFROM TIE-CARD94.7'4.7'84 . 6 '38.0'50.3'BRICK STOOPGAS METERELEC. METERSHELL DRIVEWAYROOFOVERBREEZEWAYSTEPSEDGE OF PAVEMENTEDGE OF PAVEMENTOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWPROPOSEDDWELLINGFF. EL.= 40 .5PROPOSEDGARAGESLAB EL.= 38 .3 7 2 .1 '90.5'17.0'48.5'49.8'PROPOSED PAVED DR IVEWAY SSSS11.0'21.5'30.7'RESERVE AREA12.8' x 33.5'1,500 GALLONSEPTIC TANKI/A MICROFASTSYSTEMEXISTING SEPTIC SYSTEM TO BE PUMPEDDRY AND CRUSHED, OR REMOVED ANDDISPOSED OF PER TITLE 5EXISTING DWELLINGTO BE RAZEDEXISTING SHED TOBE REMOVEDx38.538.1x37.7xx37.6x38.2xx37.4x37.6x37.9x38.1x37.9x38.5S S 15.0'39.3'45.6'33.5'12.8'TP1TP2TP3TP4D-BOXPRIMARYLEACH SYSTEM12.8' x 33.5'3636x39.9338.22xx39.93x37.64BENCHMARKTOP OF STONE BOUNDELEVATION = 36.70' NAVD88WWWWAPPROXIMATE LOCATIONOF EXISTING WATERLINEPROPOSED WATERLINETO NEW HOUSE LOCATIONPARCEL 035001(ON TOWNWATER)3 6 W WWWMICROFASTBLOWEREEEE37.8x38.5x37.8xx38.79383837.8xx37.63836® ® ® ® ® © ®®NOT TO SCALELOCUS MAP NNNAD 83 SEPTIC SYSTEM NOTES1.ALL CONSTRUCTION AND MATERIALS SHALL CONFORM TO THE STATEENVIRONMENTAL CODE, TITLE 5 (310 CMR 15.00), AND THE LOCAL BOARD OFHEALTH.2.THERE SHALL BE NO CHANGES MADE IN THIS PLAN WITHOUT THE WRITTENPERMISSION OF THE ENGINEER AND LOCAL BOARD OF HEALTH.3.ALL ERRORS, OMISSIONS, AND CHANGE OF CONDITIONS AT THE SITE SHALL BEBROUGHT TO THE ATTENTION OF THE ENGINEER PRIOR TO PERFORMING THERELATED WORK.4.ALL DISTURBED AREAS ARE TO BE LOAMED, SEEDED AND MAINTAINED TOPREVENT EROSION.5.FOR PROPER PERFORMANCE, SEPTIC TANK SHOULD BE INSPECTED AT LEASTONCE A YEAR AND WHEN THE TOTAL DEPTH OF SCUM AND SOLIDS EXCEEDS1/3 THE LIQUID DEPTH OF THE TANK, THE TANK SHOULD BE PUMPED.6.THIS SYSTEM HAS BEEN DESIGNED FROM DATA REVIEWED ANDACKNOWLEDGED BY THE MASS. D.E.P. AND THE LOCAL BOARD OF HEALTH;AND CONFORMS WITH THE REQUIREMENTS OF THE STATE ENVIRONMENTALCODE, TITLE 5. NO GUARANTEE OF PERFORMANCE IS EXPRESSED OR IMPLIED.7.TEST HOLE INFORMATION SHOWN HEREON IS LIMITED TO SOIL CONDITIONSFOUND AT THAT PARTICULAR TEST HOLE LOCATIONS AND IS NOT CONSIDEREDAN IMPLIED OR EXPRESSED WARRANTY OF SOIL CONDITIONS BEYOND LIMITSOF SUCH TEST HOLES.8.ALL ORGANIC AND UNSUITABLE MATERIAL MUST BE REMOVED FROM THEAREA DIRECTLY UNDER AND 5 FEET BEYOND THE PROPOSED LEACHINGFACILITY. THIS AREA MUST BE BACKFILLED TO THE ELEVATIONS INDICATED ONTHESE PLANS WITH SELECT ON-SITE OR IMPORTED SOIL MATERIAL,CONSISTING OF CLEAN GRANULAR SAND OR OTHER GRANULAR MATERIAL,FREE FROM ORGANIC MATTER AND OTHER DELETERIOUS SUBSTANCES.MIXTURES AND LAYERS SHALL NOT BE USED. THE FILL MATERIAL SHALLCONFORM TO THE STATE ENVIRONMENTAL CODE, TITLE 5 - 310 CMR SECTION15.255 (3) AND SHALL HAVE PERCOLATION RATE OF BETWEEN TWO AND FIVEMINUTES PER INCH, BEFORE AND AFTER PLACEMENT.9.ALL STONE MUST BE DOUBLE WASHED AND FREE FROM FINES AND ANYORGANIC MATERIAL AND MUST HAVE LESS THAN 0.2 PERCENT MATERIAL FINERTHAN A NUMBER 200 SIEVE.10.THE DESIGNER HAS NOT BEEN RETAINED BY THE CLIENT TO CONSTRUCT ORSUPERVISE THE CONSTRUCTION OF THE SYSTEM. THE CONTRACTOR ISRESPONSIBLE FOR MAKING ARRANGEMENTS FOR INSPECTION OFINSTALLATION OF THE SYSTEM WITH THE LOCAL BOARD OF HEALTH.11.THE GENERAL CONTRACTOR IS RESPONSIBLE FOR ALL HORIZONTAL ANDVERTICAL CONTROL OF ALL SYSTEM COMPONENTS.12.TIGHT JOINT PIPING MATERIAL TO CONSIST OF POLYVINYL CHLORIDE (P.V.C.)SCHEDULE 40, UNLESS OTHERWISE NOTED.13.THE CONTRACTOR SHALL NOTIFY THE DESIGN ENGINEER FOR CONSTRUCTIONINSPECTION AFTER EXCAVATION FOR THE LEACHING BED (PRIOR TO THEPLACEMENT OF STONE) AND ALSO AFTER PLACEMENT OF PIPE & STONE PRIORTO BACKFILLING.14.DESIGN ENGINEER SHALL CERTIFY CONSTRUCTION OF SYSTEM ANDMATERIALS INSTALLED. THE CONTRACTOR SHALL PROVIDE A SIEVE ANALYSISOF THE FILL MATERIAL REQUIRED. AN AS-BUILT PLAN SHALL BE SUBMITTED TOTHE LOCAL BOARD OF HEALTH UPON COMPLETION.15.NO RUBBER TIRE CONSTRUCTION MACHINERY SHALL DRIVE OVER THEPROPOSED SEPTIC BED EXCAVATION DURING CONSTRUCTION.16.DIG-SAFE AND ALL OTHER NECESSARY AUTHORITIES SHALL BE NOTIFIED FORTHE PROPER LOCATION OF EXISTING UTILITIES PRIOR TO ANY EXCAVATION.17.WATER SERVICE LINE SHALL BE LOCATED AND MARKED PRIOR TO ANYEXCAVATING AND 10' MIN. SETBACK DISTANCE FROM SAID SERVICE TO THESEPTIC SYSTEM SHALL BE MAINTAINED.18.ALL WATER LINES WITHIN 10' OF SEPTIC SYSTEM COMPONENTS SHALL BESLEEVED WITHIN 4" PVC SCHEDULE 40 PIPE.SOIL EVALUATOR'S LOGPERCOLATION RATE = < 2 MINUTES / INCH IN C1 LAYERDEPTH TO GROUNDWATER = NONE ENCOUNTERED,OBSERVATIONS BY: GLEN HARRINGTON, R.S.WITNESSED BY: DAVID STANTON, R.S.DATE TESTED: 9/8/23Depth from surfacein inchesSoil HorizonSoil Texture(USDA)Soil Color(Munsell)Soil Mottlesand DepthOther RelativeFactorsDEEP OBSERVATION HOLE TP#1, ELEVATION 35.90 - 6"ALOAMY SAND10 YR 5/2FRIABLE6" - 36"BLOAMY SAND10 YR 5/6FRIABLE-FIRM36" - 108"C1MEDIUM SAND2.5 Y 6/4LOOSE108" - 126"C2MED-COARSESAND2.5 Y 7/3NOLOOSEDEEP OBSERVATION HOLE TP#2, ELEVATION 35.70 - 8"ALOAMY SAND10 YR 5/2FRIABLE8" - 34"BLOAMY SAND10 YR 5/6FRIABLE-FIRM34" - 107"C1MED SAND2.5 Y 6/4LOOSE107" - 120"C2MED/COARSESAND2.5 Y 7/3NOLOOSEDESIGN DATA1.TYPE OF ESTABLISHMENT: SINGLE FAMILY RESIDENCE - 9 TOTAL ROOM COUNT - 4 BEDROOM DESIGN2.SEWAGE SYSTEM DESIGN FLOW: 110 GALLONS PER BEDROOM = 110 x 4 = 440 GPD3.NOTE: THIS SEPTIC SYSTEM IS NOT DESIGNED FOR A GARBAGE GRINDER4.SEPTIC TANK CAPACITY REQUIRED, MINIMUM OF 200% OF DESIGN FLOW OR 1,500 GAL. = 200% x 440 GALLON = 880 GALLON (USE 1,500 GALLON TANK)5.DESIGN PERCOLATION RATE: ASSIGNED LESS THAN 5 MINUTES PER INCH6.SOIL ABSORPTION SYSTEM TYPE: CHAMBER SYSTEM7.LEACHING AREA REQUIRED: MINIMUM 440 GPD / (0.74 GPD/S.F., CLASS I SOIL) = 595 S.F.8.LEACHING SYSTEM PROPOSED: 33.5' LONG x 12.8' WIDE x 2' HIGH SYSTEMBOTTOM AREA PROPOSED = 12.8' x 33.5' = 428.8 S.F.SIDE AREA PROPOSED = 2 x (12.8' + 33.5') x 2' = 185.2 S.F.TOTAL AREA PROPOSED = = 614.0 S.F.9.LEACHING SYSTEM CAPACITY PROPOSED = 614.0 S.F. x 0.74 GPD/S.F. = 454 GPDS=0.02 MIN. L=28' & 11'S=0.01 MIN. L=30'S=0.01 MIN. L=VARIESPRECAST 500-GALLON CHAMBERSUSE (2) 500-GALLON CHAMBERS WITH DOUBLE WASHED CRUSHED STONE48" AT ENDS AND SIDESEFFECTIVE DIMENSIONS: LENGTH =33.5', WIDTH = 12.8', HEIGHT = 2.0'34" OVERALL HEIGHT H-20 D-BOXWITH SPEEDLEVELERS24" EFFECTIVE SIDEWALL 15' MIN. BREAKOUT GRADEBACK FILL WITH9" MIN. 36" MAX.CLEAN MATERIALCONTRACTOR SHALL CONTACT ENGINEER TO ASSESS EXISTINGSOIL MATERIAL PRIOR TO INSTALLATION OF LEACHING SYSTEM.UNSUITABLE MATERIAL ENCOUNTERED DURING INSTALLATIONSHALL BE REMOVED - REFER TO SEPTIC SYSTEM NOTE 8FILTER FABRICS=2% MINIMUMRISER AND COVER TO BE SET TOWITHIN 6" OF FINISHED GRADE &SERVE AS INSPECTION PORTSEWAGE SYSTEM PROFILE & DETAILSNOT TO SCALEPREPARED FOR:PREPARED BY:DRAWING TITLE:PROJECT:ASSESSORS INFORMATION:SUMMERFIELD PARK800 FALMOUTH ROAD SUITE 301CMASHPEE, MA 02649508.477.7272 PHONE508.477.9072 FAXwww.CapeEng.comSHEET NO.: OFDATE:DRAWN BY:CHECKED BY:11COTUIT, MASSACHUSETTSWAYLAND, MA 01778159 GLEZEN LANEJEFF DINARDO AND MARIA APSEWNHMDOCTOBER 6, 2023MAP 35 PARCEL 2DESCRIPTIONDATECHKBY11/22/23ADD TOTAL ROOM COUNT NOTE, ADD FAST DETAILSMDMCNOTICETHIS PLAN MAY NOT BE ADDED TO, DELETED FROM, OR ALTERED IN ANY WAY BY ANYONE OTHER THAN CAPE &ISLANDS ENGINEERING, INC.UNLESS AND UNTIL SUCH TIME AS AN ORIGINAL (RED) STAMP APPEARS ON THIS PLAN NO PERSON ORPERSONS, MUNICIPAL OR PUBLIC OFFICIAL MAY RELY UPON THE INFORMATION CONTAINED HEREIN; AND THISPLAN REMAINS THE PROPERTY OF CAPE AND ISLANDS ENGINEERING, INC.COPYRIGHT (C) BY CAPE & ISLANDS ENGINEERING, INC. ALL RIGHTS RESERVED55 POPONESSETT ROADGENERAL NOTESLOCATIONS ARE BASED ON AN "ON THE GROUND" INSTRUMENT SURVEY AND ELEVATIONS BASED ONTHE NAVD 1988 DATUM. COORDINATE SYSTEM USED IS THE MA-MAINLAND COORDINATE SYSTEM,DATUM: NAD 83, UNITS: U.S. SURVEY FEET.DIMENSIONS OF EXISTING BUILDINGS AND BUILDING OFFSETS SHOWN HEREON ARE TO CORNERBOARDS OR SIDING EXTENTS AND ARE DISPLAYED IN ENGINEERING UNITS WITH A PRECISION OF ONETENTH (0.1') OF A FOOT.THE EXISTING FINISHED FLOOR ELEVATION (FIN. FL. EL.) SHOWN HEREON IS BASED ON AN ASSUMED 1"LOWER THAN THE SURVEYED THRESHOLD ELEVATION. AN INTERIOR INSPECTION OF BUILDINGS WASNOT PERFORMED.ZONING DISTRICT: RFPROPERTY IS LOCATED WITHIN AN AREA HAVING A ZONE DESIGNATION OF MINIMAL FLOOD HAZARDZONE X BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), ON FLOOD INSURANCE RATEMAP NO. 25001C0756J, WITH A MAP EFFECTIVE DATE OF JULY 16, 2014.THIS LOT IS NOT LOCATED WITHIN A DEP APPROVED ZONE II WELLHEAD PROTECTION AREA.THIS LOT IS NOT MAPPED WITHIN A MESA NATURAL HERITAGE AND ENDANGERED SPECIES AREA.WIND EXPOSURE CATEGORY: ZONE CLOT COVERAGE:LOT AREA = 35,313 S.F.DEED REFERENCE: BOOK 35761 PAGE 322PLAN REFERENCE: BOOK 19 PAGE 143OWNER: JEFFREY DINARDO AND MARIA APSE159 GLEZEN LANEWAYLAND, MA 017784' OF NATURALLY OCCURRINGPERVIOUS MATERIALDWELLINGFIRST 2' SHALLBE SET LEVEL0SCALE:1020401" = 20'SITE & SEPTIC DESIGN PLANSCHEDULE OF ELEVATIONS1FIRST FLOOR =40.5, 38.32TOP OF FOUNDATION =TBD3APIPE INV. AT FOUNDATION HOUSE =34.423BPIPE INV. AT GARAGE =34.174INV. OF PIPE AT SEPTIC TANK INLET =33.925INV. OF PIPE AT SEPTIC TANK OUTLET =33.676INV. OF PIPE AT D-BOX INLET =33.337INV. OF PIPE AT D-BOX OUTLET =33.178INV. OF PIPE AT LEACHING FIELD INLET =33.009BOTTOM OF LEACHING FIELD =31.0010TOP OF STONE33.8311FINISHED GRADE OVER LEACHING FACILITY =35.9 - 36.212FINISHED GRADE OVER D-BOX =36.013FINISHED GRADE OVER SEPTIC TANK =36.914FINISHED GRADE AT FOUNDATION =38.5, 38.315BOTTOM OF SEPTIC TANK =29.1716CRAWL SPACE =TBD121434567891011121315166"LOCUSVARIANCESALT WATER ESTUARY LOCATION - 3 BEDROOMS ALLOWED - 4 BEDROOMSPROPOSED:LAND AREA REQUIRED = 40,000 S.F.LAND AREA PROVIDED = 35,313 S.F.Depth from surfacein inchesSoil HorizonSoil Texture(USDA)Soil Color(Munsell)Soil Mottlesand DepthOther RelativeFactorsDEEP OBSERVATION HOLE TP#3, ELEVATION 35.20 - 8"ALOAMY SAND10 YR 5/2FRIABLE8" - 26"BLOAMY SAND10 YR 5/8FRIABLE26" - 120"C1MED. SAND2.5 Y 6/4NOLOOSEDEEP OBSERVATION HOLE TP#4, ELEVATION 35.10 - 7"ALOAMY SAND10 YR 5/2FRIABLE7" - 36"BLOAMY SAND10 YR 5/8FRIABLE36" - 120"C1MEDIUM SAND2.5 Y 6/4NOLOOSES=0.01 MIN. L=18'6" MIN. COMPACTED & STABLECRUSHED STONE BASE5ALL ACCESS PORTS AND COVERSTO BE READILY REMOVABLE, OFDURABLE MATERIAL AND INSTALLED AT GRADE4.50' 4.75' 10"PROPOSED 1,500 GALLON FAST TANK,MICROFAST 0.5 (H-10 LOADING),USE SHOREY PRECAST UNIT OR EQUAL1.FURNISH RISERS TO SET COVERS WITHIN 6 INCHES OF FINISH GRADE.2.H-10 SEPTIC TANK, CHAMBERS AND DISTRIBUTION BOX (D-BOX), AND SCHEDULE 40 PVC PIPE THROUGHOUT.3.THE CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING A TRENCH PERMIT FROM THE LOCAL MUNICIPALITY IN WHICHTHE WORK IS BEING PERFORMED.4.BIO-MICROBICS MICROFAST: MASS DEP GENERAL USE APPROVAL, TRANSMITTAL NUMBER X232831.OHWHYDRANTWATER SHUTOFFCATCH BASIN SQUAREUTILITY POLEGUY POLEGUY WIRELIGHT POLESIGNCONIFEROUS TREEDECIDUOUS TREETREE LINEOVERHEAD WIRESSTONE WALLPOST & RAIL FENCESTOCKADE FENCExxxPICKET ROWxxxxCHAIN LINK FENCELEGENDIRON PIPE FOUNDCONCRETE BOUNDIPCBTREE STUMPSTONE BOUNDSBRCROD CAPSHRUBCONIFEROUS SHRUBAREA OF STRUCTURE INCLUDED INEXISTING LOT COVERAGE® ® ® ® ® ® ® ® ® ’ Maura T. Healey Governor Kimberley Driscoll Lieutenant Governor Rebecca L. Tepper Secretary Gary Moran Acting Commissioner This information is available in alternate format. Please contact Melixza Esenyie at 617-626-1282. TTY# MassRelay Service 1-800-439-2370 MassDEP Website: www.mass.gov/dep Printed on Recycled Paper MODIFIED PROVISIONAL USE APPROVAL/RENEWAL Pursuant to Title 5, 310 CMR 15.000 Name and Address of Applicant: Bio-Microbics of Maine, Inc. 69 Holland Street Lewiston, ME 04240 Trade name of technology and models: SeptiTech models STAAR .50 (M400N), STAAR .75 (M550N), STARR 1.0 (M750N), STAAR 1.2 (M1200N), STAAR 1.5 (M1500N), STAAR 3.0 (M2500N) and STAAR 4.5 (M3000N) and SeptiTech Engineered Systems (hereinafter the ‘System’ or the ‘Technology’). Owner and operator manuals, installation manual is part of this Certification Renewal. DEP Transmittal No.: 22-WP75–0001-REN Date of Issuance: June 26, 2012, revised May 22, 2014, Renewal Nov. 20, 2017, Mod. January 26, 2023. Expiration date: January 26, 2028 Authority for Issuance Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of Environmental Protection (hereinafter “the Department”) hereby issues this Provisional Approval to: Bio-Microbics of Maine, Inc., 69 Holland Street, Lewiston, ME 04240 (hereinafter "the Company"), approving SeptiTech Engineered Systems (hereinafter “the Technology” or “System”) for use in the Commonwealth of Massachusetts subject to the conditions herein. Sale and use of the Technology is subject to compliance by the Company, the Designer, the System Installer, the Operator, and the System Owner with the terms and conditions herein. Any noncompliance with the terms or conditions of this Certification constitutes a violation of 310 CMR 15.000. ___/s/ Marybeth Chubb________ January 26, 2023 Marybeth Chubb, Acting Section Chief Date Groundwater/Title 5/Reuse Bureau of Water Resources Modified Provisional Approval – Rev. May 22, 2014, Renewal November 20, 2017, Mod. Jan 26, 2023. Technology: SeptiTech – Nitrogen Reducing Page 2 of 17 I. Purpose Subject to the conditions of this Approval and any other local requirements, the purpose of this Approval is to allow installation and operation of at least 50 on-site sewage disposal systems utilizing the Technology in Massachusetts in order to conduct a performance evaluation of the capabilities of the Technology during the first 3 years of operation of each system, in accordance with Title 5 – 310 CMR 15.286 (7), Provisional Approval of Alternative System. The specific goal of the Performance Evaluation is to determine if the Technology is capable of consistently meeting the concentration limits for total nitrogen (TN) of 19 or 25 milligrams per liter (mg/L) for installations with design flows less than 2,000 GPD and 25 mg/L for installations with design flows 2,000 GPD or greater but less than 10,000 gpd, in the effluent discharged to the soil absorption system. In areas subject to nitrogen loading limitations, increases in the discharge rate per acre may be allowed when the nitrogen concentration discharged to the soil is reduced. The Company is responsible for oversight and sampling of the systems during the Performance Evaluation. The Owner has responsibility for continued oversight and sampling of the system if the property served was allowed to increase the discharge rate per acre above 440 gallons per day per acre (gpda) in an area subject to Nitrogen Loading Limitations or if the property served has a design flow of 2000 gpd or more located in a Nitrogen Sensitive Area. The System Owner will be required to repair, replace, modify or take any other action as required by the Department or the local approving authority, if the Department or the local approving authority determines that the System is not capable of meeting the required reduction in nitrogen in the effluent. With the other applicable permits or approvals that may be required by Title 5, this Approval authorizes the installation and use of the Alternative System in Massachusetts. All the provisions of Title 5, including the General Conditions for all Alternative Systems (310 CMR 15.287), apply to the sale, design, installation, and use of the System, except those provisions that specifically have been varied by the Approval. II. General Description of the Technology The SeptiTech unit (the ‘System’) is installed in series between the building sewer and the soil absorption system (SAS) of a standard Title 5 system in a manner which neither intrudes on, replaces a component of, or adversely affects the operation of a Title 5 system constructed in accordance with 310 CMR 15.000, subject to the provisions of this Approval. Two or more units may be installed in parallel to accommodate larger design flows. The System is an aerobic treatment system that uses an enhanced recirculating biological trickling filter treatment process with anoxic phase to reduce biochemical oxygen demand (BOD5), total suspended solids (TSS) and total nitrogen from sanitary wastewater by biological degradation. The wastewater flows into the first of two tanks consisting of a two-compartment primary- anoxic tank where primary settling, and partial denitrification occur. The second processor tank contains the trickling filter media and pumps for recirculation within the trickling filter, recirculation back to the anoxic tank and for discharge to the distribution box of the SAS or to a pressure distribution system. In addition to BOD reduction, further nitrification occurs in the mixed liquor as it passes through the trickling filter with the ammonium in the wastewater converting to nitrate. The System uses a hydrophobic media composed of either polystyrene beads or polystyrene beads with honeycomb shaped solid media, in a two-stage process that allows biological growth within the media pore spaces. Modified Provisional Approval – Rev. May 22, 2014, Renewal November 20, 2017, Mod. Jan 26, 2023. Technology: SeptiTech – Nitrogen Reducing Page 3 of 17 SeptiTech Models STAAR .5 (M400N) through STAAR 1.0 (M750N) come prefabricated in HDPE or concrete tanks and have hydrophobic bead media in mesh bags. SeptiTech Models STAAR 1.2 (M1200N) through STAAR 4.5 (M3000N) are configured similarly to STAAR .5 (M400N) series tanks; however, these units include a larger processor tank and use a combination of the larger commercial solid media and hydrophobic bead media in mesh bags. A programmable logic controller (PLC) controls the treatment process. The PLC monitors incoming flows and adjusts the treatment process (recirculation, recycling, sludge return,99 and discharge cycles). The SeptiTech Engineered system, as referred to in this approval, are just multiples of the commercial STAAR 4.5 (M3000N) for large flows larger than a regular STAAR 4.5. Other systems (s) are added in line to handle flow treatment. So, the O&M for the STAAR 4.5 would cover a system with multiple STAAR 4.5 systems (Engineered System), as it is the same system with one additional tank. • Wastewater from the primary anoxic tank enters the treatment tank and collects in a reservoir at the base of the tank where it mixes with treated wastewater, • A recirculation pump controlled by the PLC pumps the wastewater to the treatment area at the top of the tank where air is drawn into the wastewater, • The aerated wastewater is sprayed over the hydrophobic media which is suspended above the reservoir, wastewater trickles through the media and returns to the reservoir, • Wastewater is circulated over the media 70 or more times per day, • Effluent is returned on a scheduled basis to the anoxic tank for denitrification • Solids in the reservoir are periodically returned to the anoxic tank The control panel including alarms are mounted in a location accessible to the operator (or Service Contractor) of the System. For Systems with a design flow of 2000 gpd or greater an influent sampling location that is not impacted by recycled wastewater shall be a part of the design. The use of the Technology under this Approval requires: • Disclosure Notice in the Deed to the property; • Certifications by the Company, the Designer, and the Installer; • System Owner Acknowledgement of Responsibilities; • A certified operator under contract for periodic inspection and maintenance; • Periodic sampling; • Recordkeeping and reporting; and • An external power supply III. Conditions of Approval A. Basis for Conditions 1. The term “System” refers to the Technology in combination with any other components of an on- site treatment and disposal system that may be required to serve a Facility in accordance with 310 CMR 15.000. 2. The term “Approval” includes the Special Conditions, Standard Conditions, General Conditions of 310 CMR 15.287, and the approved Attachments. 3. Items required by this Approval include: a) Performance Evaluation Plan (PEP) with sampling and analysis requirements and approved by the Department. The PEP must be submitted to the Department for review and approval within 60 days of issuance of this Approval and meet the requirements of Modified Provisional Approval – Rev. May 22, 2014, Renewal November 20, 2017, Mod. Jan 26, 2023. Technology: SeptiTech – Nitrogen Reducing Page 4 of 17 the Department’s Guidance for the Preparation of Performance Evaluation Plans < 2,000 GPD, and Guidance for the Preparation of Performance Evaluation Plans 2,000 GPD or Greater; b) minimum System installation requirements; c) company schematic drawings and specifications; d) Owner’s Manual, including information on substances that should not be discharged to the System; e) Operation and Maintenance manual, including but not limited to, operator qualification requirements, inspection requirements, sampling and analysis requirements, recordkeeping requirements, and/or reporting requirements; and f) MassDEP Operation and Maintenance (O&M) checklist and I/A technology inspection checklist. B. Special Conditions for all Systems 1. Department review and approval of the System design and installation is not required unless the Department determines on a case-by-case basis pursuant to its authority at 310 CMR 15.003(2) (e) that the proposed System requires Department review and approval. 2. System installations must meet the specific siting conditions for Provisional Use provided in 310 CMR 15.286(4) and the facility must meet the siting requirements of this Approval. 3. Any System for which a complete Disposal System Construction Permit Application is submitted while this Approval is in effect, may be permitted, installed, and used in accordance with this Approval unless the Department, the local approval authority, or a court requires the System to be modified or removed or requires discharges to the System to cease. 4. The System Owner shall provide access to the site for purposes of sampling the System in accordance with the Company’s technology Performance Evaluation Plan approved by the Department, in addition to providing access for performing inspections, maintenance, repairs, and responding to alarm events. 5. The System Owner shall ensure that no permanent buildings or structures, other than the System, are constructed in the area for the installation of all the components of a fully conforming Title 5 system with a reserve area. The area for a fully conforming Title 5 system with a reserve area shall not otherwise be disturbed by the System Owner in any manner that will render it unusable for future installation of a fully conforming Title 5 system. 6. The Department has not determined that the performance of the System will provide a level of protection to public health and safety and the environment that is at least equivalent to that of a sanitary sewer system. If it is feasible to connect a new or existing facility to the sewer, the Designer shall not propose an Alternative System to serve the facility and the facility Owner shall not install or use an Alternative System. When a sanitary sewer connection becomes feasible after an Alternative System has been installed, the System Owner shall connect the facility served by the System to the sewer within 60 days of such feasibility and the System shall be abandoned in compliance with 310 CMR 15.354, unless a later time is allowed in writing by the Department or the Local Approving Authority. Modified Provisional Approval – Rev. May 22, 2014, Renewal November 20, 2017, Mod. Jan 26, 2023. Technology: SeptiTech – Nitrogen Reducing Page 5 of 17 7. The control panel including alarms shall be mounted in a location accessible to the System Operator. 8. For Systems with a design flow of 2,000 gpd or greater, an influent sampling location that is not impacted by recycled wastewater shall be a part of the System design. 9. For any System that does not flow by gravity to the SAS, the System shall be equipped with sensors and high-level alarms to protect against high water due to pump failure, pump control failure, loss of power, or system freeze up. The control panel including alarms and controls shall be mounted in a location always accessible to the operator (or service contractor). Emergency storage capacity for wastewater above the high-level alarm shall be provided equal to the daily design flow of the System and the storage capacity shall include an additional allowance for the volume of all drainage which may flow back into the System when pumping has ceased. Instead of providing emergency 24-hour storage, an independent standby power source may be provided for operation during an interruption in power. With any interruption of the power supply the source must be capable of automatically activating in addition to manual start up capability. The standby power must be sufficient to handle peak flows for at least 24 hours and sufficient to meet all power needs of the System including, but not limited to, pumping, ventilation, and controls. Standby power installations must be inspected and exercised at least annually and all automatic and manual start up controls must be tested. Standby power installations must comply with all applicable state and local code requirements. Provided that a standby power installation complies with these requirements, no variance is required to the provisions of 310 CMR 15.231(2). 10. System unit malfunction and high-water alarms shall be connected to circuits separate from the circuits to the operating equipment and pumps. 11. All System control units, valve boxes, conveyance lines and other System appurtenances shall be designed and installed to prevent freezing per the Company’s recommendations. 12. Any System structures with exterior piping connections located within 12 inches or below the Estimated Seasonal High Groundwater elevation shall have the connections made watertight with neoprene seals or equivalent. 13. In compliance with 310 CMR 15.240(13), a minimum of one (1) inspection port shall be provided within the SAS consisting of a perforated four inch pipe placed vertically down into the stone to the naturally occurring soil or sand fill below the stone. The pipe shall be capped with a screw type cap and accessible to within three inches of finish grade. Operation and Maintenance 14. Inspection, operation and maintenance (O & M), sampling, and field testing of the System required by this Approval shall be performed by a System Operator with the following qualifications: a) is an approved System Inspector in accordance with 310 CMR 15.340; b) has been trained by the Company and whose name appears on the Company’s current list of qualified operators; and c) has been certified at a minimum of Grade Level IV (four) by the Board of Registration of Operators of Wastewater Treatment Facilities, in accordance with Massachusetts regulations 257 CMR 2.00. The name of the Operator shall be included in the O&M agreement required by Section B Paragraph (10). Modified Provisional Approval – Rev. May 22, 2014, Renewal November 20, 2017, Mod. Jan 26, 2023. Technology: SeptiTech – Nitrogen Reducing Page 6 of 17 15. Prior to the use of the System, the System Owner shall enter into an O&M Agreement with a qualified contractor and submit the Agreement to the Approving Authority and the Company. The Agreement shall be at least for one year and include the following provisions: a) The name of the qualified Operator that appears on the Company’s current list of Service Contractors; b) The System Operator must have the qualifications specified in Section B Paragraph (9); c) The System Operator must inspect the System in accordance with the Approval and anytime there is an equipment failure, System failure, or other alarm event; d) In the case of a System failure, an equipment failure, alarm event, components not functioning as designed or in accordance with the Company specifications, or violations of the Approval, procedures and responsibilities of the Operator and System Owner shall be clearly defined for corrective measures to be taken immediately. The System Operator shall agree to provide written notification within five days describing corrective measures taken to the System Owner, the Company, and the local board of health; e) The System Operator shall determine the cause of total nitrogen effluent limit violations if they occur and take corrective actions in accordance with the approved O & M Manual, and f) Procedures and responsibilities for recording quarterly or monthly wastewater flows must be defined, see Section C Paragraph (7) or Section D Paragraph (9), Flow Metering. 16. At all times, the System Owner shall maintain an O & M Agreement that meets the requirements of Section C Paragraph (9) or Section D Paragraph (9). 17. The System Owner and the System Operator shall properly operate and maintain the system in accordance with this Approval, the Designer's operation and maintenance requirements, and the requirements of the local approving authority. Recordkeeping and Reporting 18. Upon determining that the System has failed, as defined in 310 CMR 15.303, the System Operator shall notify the System Owner immediately. 19. Upon determining that the System has failed, as defined in 310 CMR 15.303, the System Owner and the System Operator shall be responsible for the notification of the local approving authority within 24 hours of such determination. 20. In the case of a System failure, an equipment failure, alarm event, components not functioning as designed or in accordance with the Company specifications, or any violations of the Approval, the System Owner and the System Operator shall be responsible for the written notification of the local approving authority and the Company within five days describing corrective measures taken. 21. Within 60 days of any site visit, the System Operator shall submit an O&M report and inspection checklist to the System Owner and the Company. The O&M report and inspection checklist shall include, at a minimum: Modified Provisional Approval – Rev. May 22, 2014, Renewal November 20, 2017, Mod. Jan 26, 2023. Technology: SeptiTech – Nitrogen Reducing Page 7 of 17 a) for a System failing, any corrective actions taken; b) wastewater analyses, wastewater flow data, and field testing results; c) any violations of the Approval; d) any determinations that the System or its components are not functioning as designed or in accordance with the Company specifications; and e) any other corrective actions taken or recommended. 22. By September 30th of each year, the System Owner and the Service Contractor shall be responsible for submitting to the local approving authority all monitoring results with all O&M reports and inspection checklists completed by the System Operator during the previous 12 months. 23. By September 30th of each year, the Service Contractor shall be responsible for submitting to the Company copies of all O&M reports including alarm event responses, all monitoring results, violations of the Approval, inspection checklists completed by the Service Contractor, notifications of system failures, and reports of equipment replacements with reasons during the previous 12 months. 24. A copy of the wastewater analyses, wastewater flow data, field testing results, and System Operator O&M reports and inspection checklists shall be maintained by the Company. It is recommended the System Owner also maintain copies of these items. 25. The System Owner shall notify the Approving Authority in writing within seven days of any cancellation, expiration or other change in the terms and/or conditions of the O&M Agreement required by Section B Paragraph (10). 26. The System Owner and the Service Contractor shall maintain copies of the Service Contractor’s O&M reports, inspection checklists, and all reports and notifications to the LAA for a minimum of five years. C. Special Conditions For Systems less than 2,000 GPD The Technology is approved for use with a System serving a facility with a maximum design flow of less than 2,000 gallons per day, subject to the following additional conditions: 1. The System may only be installed to serve facilities where a fully conforming Title 5 system with a reserve area exists on-site or could be built on-site in compliance with the design standards for new construction of 310 CMR 15.000, and for which a site evaluation in compliance with 310 CMR 15.000 has been approved by the Approving Authority. A fully conforming Title 5 system may include other approved alternative technologies in accordance with the conditions imposed on the alternative technologies. 2. Subject to the provisions of this Approval, the Technology shall be installed in a manner which neither intrudes on, replaces a component of, or adversely affects the operation of all other components of the System designed and constructed in accordance with the standards for new construction of 310 CMR 15.200 - 15.279. Effluent Limit and Monitoring Requirements for Systems less than 2,000 GPD, 3. If the System is installed to serve new construction in an area that is subject to the Nitrogen Loading Limitations of 310 CMR 15.214 and the facility does not meet with the Nitrogen Loading Limitations pursuant to the aggregation provisions of 310 CMR 15.216, the System shall not be designed to receive and shall not receive more than 440 gallons of design flow per day per acre (gpda), except: Modified Provisional Approval – Rev. May 22, 2014, Renewal November 20, 2017, Mod. Jan 26, 2023. Technology: SeptiTech – Nitrogen Reducing Page 8 of 17 a) For any facility, an increase in the flow rate per acre is allowed up to a design flow up to 550 gpda provided that the facility meets a TN effluent limit of 25 mg/l or less, or b) For residential facilities only, an increase in the flow rate per acre is allowed up to a design flow up to 660 gpda provided that the facility meets a TN effluent limit of 19 mg/l or less. The System Owner shall repair, replace, modify or take any other action as required by the Department or the local approving authority, if the Department or the local approving authority determines that the System is not capable of meeting the total nitrogen concentration limits in the effluent. Violation of the TN concentration in the System effluent shall not require notifications as required in Section B Paragraphs (13) and (14). 4. Prior to Department approval of the Company’s Performance Evaluation Plan, the Company shall be responsible for the following monitoring requirements for all System installations that are subject to a total nitrogen concentration limit in accordance with Section C Paragraph (3). Sampling shall include pH, BOD5, TSS and Total Nitrogen, unless otherwise stated. Flow shall be recorded at each inspection, see “Flow Metering” below. a) Year-round facilities shall be inspected and effluent sampled quarterly. b) Seasonal properties shall be inspected and effluent sampled a minimum of twice per year, with at least one annual sample taken 30 to 60 days after seasonal occupancy and a second sample taken no less than 2 months after the first sample. c) After 12 rounds of monitoring, sampling may be reduced to TN only quarterly. Reduced sampling shall also include Field Testing of System wastewater when determined necessary by the operator, see https://www.mass.gov/files/documents/2016/08/wp/testsamp.pdf. Properties occupied at least 6 months per year are considered year-round properties. Properties occupied less than 6 months per year are considered seasonal properties. 5. During the Performance Evaluation period, the Company shall follow the monitoring requirements specified in the Performance Evaluation Plan for installed Systems. 6. After the three (3) year Performance Evaluation period by the Company and approval by the Department, and until this Approval is modified, terminated, or superseded by a General Use Certification, the System Owner shall comply with the following monitoring requirements if the System is subject to a total nitrogen concentration limit in accordance with Section C Paragraph (3). a) Year-round properties shall be inspected and sampled for at least the TN parameter a minimum of twice/year, at least 5 months apart and with at least one sample taken between December 1 and March 1 of each year. Field testing shall be completed as determined necessary by the System operator, see DEP Field Testing Protocol at https://www.mass.gov/files/documents/2016/08/wp/testsamp.pdf. Water meter readings shall be recorded at each inspection, see “Flow Metering” below. b) Seasonal properties shall be sampled for at least the TN parameter a minimum of twice/year. At least one annual sample must be taken 30 to 60 days after each seasonal occupancy. A second sample must be taken no less than 2 months after the first sample. Field testing of the System shall be completed as determined necessary by the operator. Water meter readings shall be recorded at each inspection, see “Flow Metering” below. 7. Flow Metering - At a minimum, for all systems installed prior to this Approval, water meter flow data shall be recorded each time the system is inspected and sampled by the System Operator. For Modified Provisional Approval – Rev. May 22, 2014, Renewal November 20, 2017, Mod. Jan 26, 2023. Technology: SeptiTech – Nitrogen Reducing Page 9 of 17 systems installed after the effective date of this Approval, wastewater flow data shall be recorded each time the system is inspected and sampled by the System Operator and may be based on: a) actual metering data of wastewater flow to the system; or b) actual water meter data for the total facility with either metered or estimated flows for non- wastewater flow subtracted from the total facility water usage. If estimating the wastewater flow as a portion of total metered water usage, the Service Contractor shall provide the method of estimating, such as pump run times, occupancy rates, adjusting for seasonal outdoor water use, etc. 8. Field Testing: Turbidity, pH and Apparent Color - Turbidity, pH, DO and apparent color shall be completed when determined necessary by the operator. See applicable sections of the Department’s Field Testing Protocol at https://www.mass.gov/files/documents/2016/08/wp/testsamp.pdf. 9. At a minimum, the System Operator/Service Contractor shall inspect, properly operate, and properly maintain the System: a) any time there is System failure, or an alarm event; b) in accordance with the approved O&M manual and Designer requirements; c) in accordance with the requirements of the Local Approving Authority; d) in accordance with this Approval; and e) for seasonal use, the Service Contractor shall be on-site and responsible for the proper start-up and shut down of the Alternative System. The System Operator shall collect samples and obtain analysis results from an approved lab, perform field testing required by the Approval and submit results within 60 days of the site visit to the System owner. 10. If the Company successfully demonstrates the effectiveness of the System to reduce nitrogen loadings during the Performance Evaluation period, a minimum of three years, the System Owner shall operate the System subject to the requirements of the General Use Certification, if issued, for this technology. D. Special Conditions for Systems 2,000 to less than 10,000 GPD The Technology is approved for use with a System serving a facility with a minimum design flow of 2,000 gallons per day and a maximum design flow less than 10,000 gallons per day (GPD), subject to the following additional conditions: 1. The approved technology may be substituted for the RSF as a required component of a System designed to serve a facility or facilities with a design flow of 2,000 gpd or more to be located in a Nitrogen Sensitive Area in accordance with the requirements of 310 CMR 15.202. When substituted for the RSF, the design, installation, use, and operation of the System shall comply with all the conditions of 310 CMR 15.202(1) to 15.202(5) applicable to an RSF or an equivalent alternative technology, except those provisions that specifically have been varied by the conditions of the Approval. Effluent Limits and Monitoring Requirements for Systems 2,000 to 10,000 GPD, 2. If the System is installed to serve new construction in an area that is subject to the Nitrogen Loading Limitations of 310 CMR 15.214 and the facility does not meet with the Nitrogen Loading Limitations pursuant to the aggregation provisions of 310 CMR 15.216, the System shall not be designed to receive and shall not receive more than 440 gallons of design flow per day per acre (gpda), except an increase in the flow rate per acre is allowed up to a design flow up to 550 gpda provided that the facility meets a TN effluent limit of 25 mg/l or less. The System Owner shall repair, replace, modify or take any other action as required by the Department or the local approving authority, if the Department or the local Modified Provisional Approval – Rev. May 22, 2014, Renewal November 20, 2017, Mod. Jan 26, 2023. Technology: SeptiTech – Nitrogen Reducing Page 10 of 17 approving authority determines that the System is not capable of meeting the total nitrogen concentration limits in the effluent. Violations of the total nitrogen concentration in the System effluent shall not constitute a failure of the System for the purposes of reporting as required in Section B Paragraphs (13) and (14). 3. Effluent Total Nitrogen - The System shall not exceed a TN concentration of 25 mg/l in the System effluent. 4. Effluent BOD5, TSS and pH - If the System is located in a Nitrogen Sensitive Area, the effluent discharge concentrations shall not exceed secondary treatment standards of 30 mg/L BOD5 and 30 mg/L TSS and the effluent pH range shall be 6.0 to 9.0. 5. Prior to Department approval of the Company’s Performance Evaluation Plan, the Company shall be responsible for the following monitoring requirements for all System installations that are subject to a total nitrogen concentration limit in accordance with Section D Paragraphs (2) and (3). Sampling shall include pH, BOD5, TSS and TN, unless otherwise stated. Flow shall be recorded at each inspection, see “Flow Metering” below. a) For year-round properties, if the facility is not in a Nitrogen Sensitive Area, the effluent shall be monitored monthly for 36 months and monitored thereafter for Total Nitrogen only on a quarterly basis. Reduced sampling shall also include Field Testing of System wastewater when determined necessary by the operator. b) For year-round properties, if the facility is located in a Nitrogen Sensitive Area: (i) For year-round properties, if the facility is located in a Nitrogen Sensitive Area, the effluent shall be monitored monthly for 36 months and monitored thereafter for pH, BOD5, TSS and Total Nitrogen on a quarterly basis. (ii) The influent shall be monitored quarterly for pH, BOD5, TSS and Total Nitrogen for a minimum of 12 quarters. c) Seasonal properties shall be inspected and sampled monthly only when occupied. Properties occupied at least 6 months per year are considered year-round properties. Properties occupied less than 6 months per year are considered seasonal properties. 6. During the Performance Evaluation period, the Company shall follow the monitoring requirements specified in the Performance Evaluation Plan for installed Systems. 7. Upon completion of the Performance Evaluation, after the Performance Evaluation period by the Company, and until this Approval is modified, terminated, or superseded by a General Use Certification, the System Owner shall comply with the following monitoring requirements: a) If the System is located in a Nitrogen Sensitive Area, the System Owner shall comply with the following monitoring requirements for TN: (i) Year-round facilities shall be sampled a minimum of once/quarter, at least 2 months apart. Modified Provisional Approval – Rev. May 22, 2014, Renewal November 20, 2017, Mod. Jan 26, 2023. Technology: SeptiTech – Nitrogen Reducing Page 11 of 17 (ii) Seasonal properties shall be sampled a minimum of twice/year. At least one annual sample must be taken 30 to 60 days after occupancy. A second sample must be taken no less than 2 months after the first sample. b) If the System is subject to a total nitrogen concentration limit in accordance with Section D Paragraph (2), the System Owner shall monitor only total nitrogen according to the frequency requirements of Section D Paragraph (8)(a)(i & ii). c) Year-round properties, and seasonal facilities when occupied, shall be inspected a minimum of quarterly and sampled for at least the TN parameter. Field Testing of System wastewater shall be completed when determined necessary by the operator, see DEP Field Testing Protocol at https://www.mass.gov/files/documents/2016/08/wp/testsamp.pdf. Water meter readings shall be recorded at each inspection, see “Flow Metering” below. d) The System Owner shall not be required to monitor influent BOD5, TSS, pH, and TN as specified in 310 CMR 15.202 (4)(c). Properties occupied at least 6 months/year are considered year-round properties. Properties occupied less than 6 months/year are considered seasonal properties. 8. At a minimum, the Service Contractor shall inspect, properly operate, and properly maintain the System: a) any time there is System failure, equipment failure, or an alarm event; b) in accordance with the O&M manual and Designer requirements; c) in accordance with the requirements of the Local Approving Authority; d) in accordance with the Approval; and e) for seasonal use, the Service Contractor shall be on-site and responsible for the proper start-up and shut down of the Alternative System. 9. Flow Metering – For Alternative Systems installed under Provisional Approval, wastewater flow data shall be reported each time the System is inspected and/or sampled by the Service Contractor. At a minimum, wastewater flow shall be based on: a) actual water meter data of flow to fixtures that discharge to the wastewater system; or b) actual water meter data for the total facility with either metered or estimated flows for non- wastewater flow subtracted from the total facility water usage. If estimating the wastewater flow as a portion of total metered water usage, the Service Contractor shall provide the method of estimating, such as pump run times, occupancy rates, adjusting for seasonal outdoor water use, etc. 10. Field Testing: pH, DO, turbidity and color shall be measured and/or recorded in the field when determined necessary by the operator. See applicable sections of the Department’s Field Testing Protocol at https://www.mass.gov/files/documents/2016/08/wp/testsamp.pdf. E. Special Conditions Specific to the Company 1. The Approval shall only apply to model units with the same model designations specified in this approval and meet the same specifications, operating requirements, and Modified Provisional Approval – Rev. May 22, 2014, Renewal November 20, 2017, Mod. Jan 26, 2023. Technology: SeptiTech – Nitrogen Reducing Page 12 of 17 plans, as provided by the manufacturer at the time of the application. Any proposed modifications of the units shall be subject to the review of the Department for coverage under the Approval. 2. Prior to submission of an application for a DSCP, the Company shall provide to the Designer and the System Owner: a) All design and installation specifications and requirements; b) An operation and maintenance manual, including: i) an inspection checklist; ii) recommended inspection and maintenance schedule; iii) monitoring (i.e. water use and power consumption) and sampling procedures, if any; iv) alarm response procedures, if any, and troubleshooting procedures; c) An owner’s manual, including proper system use and alarm response procedures, if any; d) Estimates of the Owner’s costs associated with System operation including, when applicable: power consumption, maintenance, sampling, recordkeeping, reporting, and equipment replacement; e) A copy of the Company’s warranty; and f) Lists of Designers, Installers, and Service Contractors. 3. The Company shall implement the Performance Evaluation Plan, as submitted and approved by the Department, and shall be responsible for all data collection and submissions to the Department until a final determination on the Performance Evaluation has been made by the Department. 4. Until a final determination has been made by the Department on a completed Performance Evaluation, the Company shall submit to the Department an annual report by February 15th of each year that includes the following: a) a table of all sample data collected for all systems installed to date and all information required by the Department as part of the approved Performance Evaluation Plan; b) status of preparation of a Performance Evaluation Plan if not yet provided to MassDEP, or any recommended changes to the approved Performance Evaluation Plan; c) a list of pending applications for system installations which have been submitted to local approving authorities, and d) identification of any System after start-up in violation of the Approval or not in compliance with any performance criteria at the time of the annual report, the reasons for the noncompliance and the status of any corrective actions that are needed, and e) any recommendations and requests for changes to the system monitoring and reporting plan or the performance criteria of the Approval. The report shall be signed by a corporate officer, general partner or the Company owner. (Service Contractor records submitted to the Company should not be included with the annual report to the Department, but shall be made available to the Department within 30 days of a request by the Department.) 5. The Company shall institute and maintain a program of Installer training and continuing education that is at least offered annually. The Company shall maintain and annually update, and make available the list of qualified Installers by February 15th of each year. The Company shall certify that the Installers on the list have taken the training and passed the Company’s training qualifications. Modified Provisional Approval – Rev. May 22, 2014, Renewal November 20, 2017, Mod. Jan 26, 2023. Technology: SeptiTech – Nitrogen Reducing Page 13 of 17 6. The Company shall institute and maintain a program of Designer training and continuing education, as approved by the Department. The Company shall maintain and annually update, and make available the list of qualified Designers by February 15th of each year. The Company shall certify that the Designers on the list have taken the training and passed the Company’s training qualifications. 7. The Company shall institute and maintain a program of Operator training and continuing education, as approved by the Department. The Company shall maintain and annually update, and make available the list of qualified Operators by February 15th of each year. The Company shall certify that the Operators on the list have taken the training and passed the Company’s training qualifications. 8. The Company shall not sell the Technology to an Installer unless the Installer is trained to install the System by the Company. 9. Prior to its sale of any System that may be used in Massachusetts, the Company shall provide the purchaser with a copy of the Approval with the System design, installation, O&M, and Owner’s manuals. In any contract for distribution or sale of the System, the Company shall require the distributor or seller to provide the purchaser of a System for use in Massachusetts with copies of these documents, prior to any sale of the System. 10. Within 60 days of issuance by the Department of a revised Approval, the Company shall provide written notification of changes to the Approval to all Service Contractors servicing existing installations of the Technology and all distributors and resellers of the Technology. 11. The Company shall provide written notification to the Department’s Director of the Wastewater Management Program at least 30 days in advance of the proposed transfer of ownership of the Technology for which the Approval is issued. Said notification shall include the name and address of the proposed owner containing a specific date of transfer of ownership, responsibility, coverage and liability between them. 12. The Approval shall be binding on the Company and its officers, employees, agents, contractors, successors, and assigns, including but not limited to dealers, distributors, and resellers. Violation of the terms and conditions of the Approval by any of the foregoing persons or entities, respectively, shall constitute violation of the Approval by the Company unless the Department determines otherwise. IV. Certification and Notification Requirements 1. Thirty (30) days prior to submitting an application for a DSCP, the Company or its representative shall provide to the Approving Authority a certification, signed by the owner of record for the property to be served by the unit, stating that the property owner: a) has been provided a copy of the Provisional Use Approval and all attachments and agrees to comply with all terms and conditions; b) has been informed of all the owner’s costs associated with the operation including power consumption, maintenance, sampling, recordkeeping, reporting, and equipment replacement; c) understands the requirement for a contract with a company approved operator and has been provided a current list of all approved operators; d) agrees to fulfill his responsibilities to provide a Deed Notice as required by 310 CMR 15.287(10) and the Approval; and Modified Provisional Approval – Rev. May 22, 2014, Renewal November 20, 2017, Mod. Jan 26, 2023. Technology: SeptiTech – Nitrogen Reducing Page 14 of 17 e) agrees to fulfill his responsibilities to provide written notification of the Approval conditions to any new owner, as required by 310 CMR 15.287(5). 2. Upon submission of an application for a DSCP to the Approving Authority, the Company shall submit to the Approving Authority, with a copy to the Designer and the System Owner, a certification by the Company or its authorized agent that the design conforms to this Approval and that the proposed use of the System is consistent with the unit’s capabilities and all Company requirements. The review shall include evaluation of the need for installation of water meter(s) at each facility. An authorized agent of the Company responsible for the design review shall have received technical training in the Company’s products. 3. The System Designer shall be a Massachusetts Registered Professional Engineer, or a Massachusetts Registered Sanitarian provided that such Sanitarian shall not design a system with a discharge greater than 2,000 gallons per day. 4. Thirty (30) days prior to delivery of the treatment unit to the site for installation, the Company shall provide to the Approving Authority a copy of a signed contract for a minimum period of one year with a Company approved Operator and the initial Owner/Occupant of the property. 5. Prior to the commencement of construction, the System Installer must certify in writing to the Designer and the System Owner that (s)he has taken the Company’s training, passed the Company’s training qualifications, and is listed on the Company’s list of Installers. 6. Prior to the issuance of a Certificate of Compliance by the Approving Authority: a) In accordance with 310 CMR 15.021(3), the System Installer and Designer must certify in writing that the System has been constructed in compliance with 310 CMR 15.000, the approved design plans, and all local requirements, including any local approving authority site-specific requirements; b) In accordance with 310 CMR 15.021(3), the Designer must certify in writing that any changes to the design plans have been reflected on as-built plans which have been submitted to the Approving Authority by the Designer; c) As a condition of this Approval, the System Installer and Designer must certify to the Approving Authority in writing that the System has been constructed in compliance with the terms of this Approval; d) An authorized agent of the Company must certify to the Approving Authority in writing that the installation was done by a qualified Installer approved by the Company and the installation conforms to this Approval. The authorized agent of the Company responsible for the inspection of the installation shall have received technical training in the Company’s products; and e) Prior to signing any agreement to transfer any or all interest in the property served by the system, or any portion of the property, including any possessory interest, the System Owner shall provide written notice, as required by 310 CMR 15.287(5) of all conditions contained in the Approval to the transferee(s). Any and all instruments of transfer and any leases or rental agreements shall be included as an exhibit attached thereto and made a part thereof of a copy of the Approval for the System. The System Owner shall send a copy of such written notification(s) to the Local Approving Authority within 10 days of such notice to the transferee(s). V. Standard Conditions 1. The provisions of 310 CMR 15.000 are applicable to the design, installation, use and operation of a System utilizing an approved or certified alternative technology, except those provisions that specifically have been varied by the conditions of this Approval. Modified Provisional Approval – Rev. May 22, 2014, Renewal November 20, 2017, Mod. Jan 26, 2023. Technology: SeptiTech – Nitrogen Reducing Page 15 of 17 2. The design, installation, and use of the System must conform to the terms and conditions of the Approval and the Department approved attachments. 3. The facility served by the System and the System itself shall be open to inspection and sampling by the Department and the local approving authority at all reasonable times. Standard Conditions Applicable to the System Owner 4. This Approval shall be binding on the System Owner and on its agents, contractors, successors, and assigns. Violation of the terms and conditions of this Approval by any of the foregoing persons or entities, respectively, shall constitute violation of this Approval by the System Owner unless the Department determines otherwise. 5. The System Owner shall obtain all necessary permits and approvals required by 310 CMR 15.000 prior to the installation and use of the System in Massachusetts. 6. The System is approved for the treatment and disposal of sanitary sewage only. The System Owner shall not introduce any wastes that are not sanitary sewage into the System. The System Owner shall dispose of wastes generated or used at the facility that are not sanitary sewage by other lawful means. 7. Prior to issuance of the Certificate of Compliance and after recording and/or registering the Deed Notice required by 310 CMR15.287(10), the System Owner shall submit the following to the Local Approving Authority: (i) a certified Registry copy of the Notice bearing the book and page/or document number; and (ii) if the property is unregistered land, a Registry copy of the System Owner’s deed to the property, bearing a marginal reference on the System Owner’s deed to the property. The Notice to be recorded shall be in the form of the Notice provided by the Department. 8. The System Owner shall at all times have the installed System properly operated and maintained in accordance with the most recent O&M provisions of this Approval for the alternative technology and in accordance with any additional requirements of the Approving Authority. The most recent O&M provisions of this Approval for the alternative technology are available from the Department. 9. The System Owner shall furnish the Department any information that the Department requests regarding the System, within 21 days of the date of receipt of that request. Standard Conditions Applicable to the Designer 10. The Designer shall be a Massachusetts Registered Professional Engineer or a Massachusetts Registered Sanitarian, including when designing systems for repair, provided that such Sanitarian shall not design a system to discharge more than 2,000 gallons per day. 11. Prior to the application for a DSCP, the Designer shall provide the System Owner with a copy of this Approval. Standard Conditions Applicable to the Company 12. This Approval shall be binding on the Company and its officers, employees, agents, contractors, successors, and assigns. Violation of the terms and conditions of this Approval by any of the foregoing persons or entities, respectively, shall constitute violation of this Approval by the Company unless the Department determines otherwise. 13. The Company shall include copies of the Approval with each System that is sold. In any contract Modified Provisional Approval – Rev. May 22, 2014, Renewal November 20, 2017, Mod. Jan 26, 2023. Technology: SeptiTech – Nitrogen Reducing Page 16 of 17 executed by the Company for distribution or re-sale of the System, the Company shall require all vendors, distributors, and resellers to provide each purchaser of the System with copies of the Approval. 14. The Company shall make available, in printed and electronic format, the approved Attachments and any approved updates associated with the Approval, to the System Owners, Operators, Designers, Installers, vendors, resellers, and distributors of the System. 15. The Company shall submit to the Department for approval any proposed updates or changes to the Attachments to the Approval. 16. The Company shall notify all System Owners, resellers, and distributors of changes to the Approval within 60 days of issuance by the Department. 17. The Company shall notify the Department’s Director of the Wastewater Management Program at least 30 days in advance of the proposed transfer of ownership of the Technology for which the Approval is issued. Said notification shall include the name and address of the proposed owner 18. containing a specific date of transfer of ownership, responsibility, coverage and liability between them. All provisions of the Approval applicable to the Company shall be applicable to successors and assigns of the Company, unless the Department determines otherwise. 19. The Company shall furnish the Department any information that the Department requests regarding the Technology within 21 days of the date of receipt of that request. Approval Continuation and Expiration 20. If the Company wishes to continue the Approval after its expiration date, the Company shall apply for and obtain a renewal of the Approval. The Company shall submit a renewal application at least 180 days before the expiration date of the Approval, unless written permission for a later date has been granted in writing by the Department. Upon receipt of a timely and complete renewal application, the Approval shall continue in force until the Department has acted on the renewal application. Reporting 21. All notices and documents required to be submitted to the Department by the Approval shall be submitted to: Director Wastewater Management Program Department of Environmental Protection 100 Cambridge St., Suite 900 Boston, Massachusetts 02114 Rights of the Department 22. The Department may suspend, modify or revoke the Approval for cause, including, but not limited to, noncompliance with the terms of the Approval, non-payment of any annual compliance assurance fee, for obtaining the Approval by misrepresentation or failure to disclose fully all relevant facts or any change in or discovery of conditions that would constitute grounds for discontinuance of the Approval, or as necessary for the protection of public health, safety, welfare, or the environment, and as authorized by applicable law. The Department reserves its rights to take any enforcement action authorized by law with respect to the Approval and/or a System utilizing the Technology against the Company, the Designer, the System Owner, the Installer, and/or the Operator of the System. Modified Provisional Approval – Rev. May 22, 2014, Renewal November 20, 2017, Mod. Jan 26, 2023. Technology: SeptiTech – Nitrogen Reducing Page 17 of 17 VI. General Conditions Title 5 Regulations 310 CMR 15.287: “General Conditions for Use of Alternative Systems Pursuant to 310 CMR 15.284 through 15.286” “The following conditions shall apply to all uses of alternative systems pursuant to 310 CMR 15.284 through 15.286: (1) All plans and specifications shall be designed in accordance with 310 CMR 15.220. (2) Any required operation and maintenance, monitoring and testing plans shall be submitted to the Department and approved prior to initiation of the use. Monitoring and sampling shall be performed in accordance with a Department approved plan. Sample analysis shall be conducted by an independent U.S. EPA or Commonwealth of Massachusetts approved testing laboratory, or an approved independent university laboratory, unless otherwise provided in the Department's written approval. It shall be a violation of 310 CMR 15.000 to omit from a report or falsify any data collected pursuant to an approved testing plan. (3) The facility served by the alternative system and the system itself shall be open to inspection and sampling by the Department and the Local Approving Authority at all reasonable times. (4) The Department and/or the Local Approving Authority may require the owner or operator of the system to cease operation of the system and/or to take any other action necessary to protect public health, safety, welfare and the environment. (5) The owner or operator shall provide written notice to any new owner or operator that the system is an alternative system. Such notice shall include notice of the general conditions and any special conditions applicable to the system and its owner. (6) The owner or operator, or the proponent of the alternative system, shall obtain and provide the Department with a determination from the board of certification of operators of wastewater treatment facilities established pursuant to M.G.L. c. 21, § 34A as to whether a certified operator is required for operation of the alternative system. The Department shall waive this requirement if it has on file a determination for the alternative system, and shall notify the owner, operator, or proponent of the determination. (7) It is a violation of 310 CMR 15.000 to install, construct, or operate an alternative system except in full compliance with the written approval and 310 CMR 15.287. (8) The Department may require the issuance of a groundwater discharge permit pursuant to 314 CMR 5.00 (groundwater discharge program) for any alternative system. (9) The system owner shall maintain an operation and maintenance contract with a Massachusetts certified operator where one is required by 257 CMR 2.00, or otherwise with a person qualified to operate and maintain the system in accordance with the Department’s written approval. (10) Prior to obtaining a Certificate of Compliance for installation of a new or upgraded system, the system owner shall record in the chain of title for the property served by the alternative system in the Registry of Deeds or Land Registration Office, as applicable, a Notice disclosing both the existence of the alternative on-site system and the Department’s approval of the system. The system owner shall also provide evidence of such recording to the Local Approving Authority. xA 11/25/23, 6:39 PM about:blank about:blank 1/4 Application Applying For: Practitioner Body Artist experience in the past two years. Body Art - Establishment and/or Practitioner License BART-81 Submitted On: Mar 27, 2023 Applicant Korrin Dean 7744870879 korrindean@aol.com Primary Location 600 MAIN STREET (HYANNIS) Hyannis, MA 02601 License for Establishment or Practitioner Practitioner Are you applying for a new application or a renewal? Renewal Application Business Information Full Name of Establishment: Pincushion Business Owner's Name: Korrin Dean Business Phone 508-778-1972 Full Name of Practitioner Bethany Harriman Did you complete a college course in Anatomy and Physiology Yes Are you currently a Trainee Yes Trainee Start Date 03/03/2020 Trainee End Date 03/27/2023 Practitioner Permit Type Body Art Practitioner - Body Piercing Requested Services Approved Body Art/Tattoo -- Permanent Makeup -- Body Piercing true Micro Blading -- Practitioner Mailing Address Street or PO Box P. O. Box 2334 City Hyannis State MA Zip 02601 Phone Number 774-487-0879 Business Name pincushion Full Address 600 Main St., Hyannis, MA 02601 11/25/23, 6:39 PM about:blank about:blank 2/4 Other Businesses you have been engaged in during the past two years: 3 Business References Start Date 03/03/2020 End Date 03/27/2023 Business Name Pincushion Full Address 600 Main St, Hyannis, MA 02601 Start Date 02/01/2020 End Date 03/27/2023 Business Name N/A Full Business Address N/A Business EMail N/A Business Phone Number N/A Business Name N/A Contact Name N/A Full Address N/A Occupation N/A Phone Number N/A EMail N/A Business Name Pincushion Contact Name Brian DeMarsh Full Address 600 Main St, Hyannis, MA 02601 Occupation Body Artist - Piercer Phone Number 508-778-1972 EMail -- Business Name Pincushion Contact Name Korrin Dean Full Address 600 Main St, Hyannis, MA 02601 Occupation Body Artist - Piercing Phone Number EMail 11/25/23, 6:39 PM about:blank about:blank 3/4 Additional Information Applicant Signature 508-778-1972 -- Artists Must Supply the Following to the Board: Current Blood-borne Pathogens training certificate (training to include infectious disease control, hand-washing procedure, sterilization, equipment operation and methods; sanitation / disinfection.) Evidence of current certification in First Aid and CPR Proof of Hepatitis B vaccination series must be submitted. Proof of completion of a college course in Anatomy and Physiology, with a grade C or better, be submitted. Proof of two (2) years apprenticeship training submitted (submit names of places of employment, addresses, phone #'s). Photo of Applicant If applying for Variance for Anatomy and Physiology, submit certificate from an accredited college. Applicant / Body Artist Statement of Consent I have received a copy of the Barnstable Board of Health’s regulations and their recommended infection control procedures regarding body piercing, if licensed for this. I agree to abide by these regulations and procedures. I agree to work only out of the facilities that are in compliance with requirements. I agree to post the required documents conspicuously in my place of business at all times. I hereby certify, under pains and penalties of perjury, that to the best of my knowledge, the information provided on this application is complete and accurate and not misrepresented in any way. I have received a copy of the Town of Barnstable's regulations and their recommended infection control procedures regarding body piercing, if licensed for this. I agree to abide by these regulations and procedures. I agree to work only out of the facilities that are in compliance with requirements. I agree to post the required documents conspicuously in my place of business at all times. I hereby certify, under pains and penalties of perjury, that to the best of my knowledge, the information provided on this application is complete and accurate and not misrepresented in any way. Applicant / Body Artist Statement of Consent true 11/25/23, 6:39 PM about:blank about:blank 4/4 Payment Information Your application will not be reviewed until full payment has been processed. You may pay online, after you submit the application, select Body Art Permit Fee and pay by credit card or electronic check. A convenience fee will be added to the total due. You will also receive a request for payment via email. If you would like to pay by written check (payable to the Town of Barnstable) mail to: Health Division 200 Main St Hyannis, MA 02601 Please include your phone number and write your application number on the check. 11/25/23, 6:34 PM about:blank about:blank 1/4 Application Applying For: Practitioner Body Art - Establishment and/or Practitioner License BART-96 Submitted On: Nov 1, 2023 Applicant Madison Schluter 5087767275 madi.schluter94@gmail.com Primary Location 12 ENTERPRISE ROAD Hyannis, MA 02601 License for Establishment or Practitioner Practitioner Are you applying for a new application or a renewal? New Application Business Information Full Name of Establishment: Great Island Tattoo Business Owner's Name: Miceala Thatcher Business Phone 5087716624 Full Name of Practitioner Madison Schluter Did you complete a college course in Anatomy and Physiology No If you do not have a college credited course then you will need a variance granted from the Board of Health. The Board meets monthly. Are you currently a Trainee Yes Trainee Start Date 05/18/2022 Trainee End Date 10/31/2023 Practitioner Permit Type Body Art Practitioner - Tattooing Only Requested Services Approved Body Art/Tattoo true Permanent Makeup -- Body Piercing -- Micro Blading -- Practitioner Mailing Address Street or PO Box 90 Martha Kendrick Drive City Chatham State MA Zip 02633 Phone Number 5087767275 I agree to restrict my body art work to tattoos only Tattoo Artist Agreement true 11/25/23, 6:34 PM about:blank about:blank 2/4 Body Artist experience in the past two years. Other Businesses you have been engaged in during the past two years: 3 Business References Business Name Great Island Tattoo Full Address 12 Enterprise Road Hyannis, MA, 02601 Start Date 05/18/2022 End Date 10/31/2023 Business Name Avery Property Services Full Business Address 63 Henry’s RD, Brewster, MA, 02631 Business EMail -- Business Phone Number -- Business Name Great Island Tattoo Contact Name Miceala Thatcher Full Address 70 Cape Drive 13d, Mashpee, MA, 02649 Occupation Tattoo artist/business owner Phone Number 5086857458 EMail Micealam@gmail.com Business Name Cape Linen Rental Contact Name Amy Hardy Full Address 210 West Road, Wellfleet, MA, 02667 Occupation Business owner Phone Number 5082375565 EMail Info@capelinenrentals.com Business Name Phase 2 Fitness Contact Name Lloyd Rice Full Address 541 Buck Island Rd, West Yarmouth, MA, 02673 Occupation Personal Trainer Phone Number 7742081876 EMail -- 11/25/23, 6:34 PM about:blank about:blank 3/4 Additional Information Applicant Signature Payment Information Artists Must Supply the Following to the Board: Current Blood-borne Pathogens training certificate (training to include infectious disease control, hand-washing procedure, sterilization, equipment operation and methods; sanitation / disinfection.) Evidence of current certification in First Aid and CPR Proof of Hepatitis B vaccination series must be submitted. Proof of completion of a college course in Anatomy and Physiology, with a grade C or better, be submitted. Proof of two (2) years apprenticeship training submitted (submit names of places of employment, addresses, phone #'s). Photo of Applicant If applying for Variance for Anatomy and Physiology, submit certificate from an accredited college. Applicant / Body Artist Statement of Consent I have received a copy of the Barnstable Board of Health’s regulations and their recommended infection control procedures regarding body piercing, if licensed for this. I agree to abide by these regulations and procedures. I agree to work only out of the facilities that are in compliance with requirements. I agree to post the required documents conspicuously in my place of business at all times. I hereby certify, under pains and penalties of perjury, that to the best of my knowledge, the information provided on this application is complete and accurate and not misrepresented in any way. I have received a copy of the Town of Barnstable's regulations and their recommended infection control procedures regarding body piercing, if licensed for this. I agree to abide by these regulations and procedures. I agree to work only out of the facilities that are in compliance with requirements. I agree to post the required documents conspicuously in my place of business at all times. I hereby certify, under pains and penalties of perjury, that to the best of my knowledge, the information provided on this application is complete and accurate and not misrepresented in any way. Applicant / Body Artist Statement of Consent true 11/25/23, 6:34 PM about:blank about:blank 4/4 Your application will not be reviewed until full payment has been processed. You may pay online, after you submit the application, select Body Art Permit Fee and pay by credit card or electronic check. A convenience fee will be added to the total due. You will also receive a request for payment via email. If you would like to pay by written check (payable to the Town of Barnstable) mail to: Health Division 200 Main St Hyannis, MA 02601 Please include your phone number and write your application number on the check. Board of Health November 1st 2023 To whom it may concern: Madi Schluter has been is a serious tattoo artist. Her ambition to learn and master the elements and the practice of tattooing is nothing less than extraordinary. The way that she works with clients to make them feel at ease during the tattoo process is a rare quality and is another one of her excellent attributes. Her enthusiasm and behavior as a student has been exemplary. Regarding her ability to tattoo; Madi can execute complicated designs with clarity and precision. Her practice is sterile, clean and meticulous. Madi is particular in her set up and cleaning practices. She has never had any complaints about her tattoos or cleanliness. Madi has also shown an momentous amount of growth in the time that I have known her; in her expression and her confidence. I think this growth is a reflection of how Madi will continue to grow and develop her unique tattoo artist voice while providing safe and beautiful tattoos. I highly recommend Madi Schluter to receive her Tattooing License as she has worked hard, put in the time and the research, and ultimately has become one of my favorite tattoo artists. If there any more questions and or information needed from me please don’t hesitate to reach out at: Miceala Thatcher 508 771 6624 micelalam@gmail.com BOH NOV 28, 2023 Request: To schedule a date for a public hearing to review and discuss a proposed revisions to Sections 385 6 and 385-4, and 376-19. The proposed revisions, if adopted, would require plan revisions to be submitted at least ten business days prior to the Board of Health meeting. It would exclude weekend and holiday dates in the ten-day count. The rationale is to provide Health Division technical staff with a reasonable time period to review the plans prior to the Board of Health hearing date. The proposed revisions are as follows: § 385-4 Hearing postponement for untimely submission of plan revisions. Any applicant who submits revisions to plans, required under §385-3 above, less than ten business days prior to the scheduled Board meeting shall be required by the Health Department to postpone the variance hearing to a later date. § 376-19 Revisions to required plans. Any applicant who submits revisions to plans, required under §376-18 above, less than ten (10) business days prior to the scheduled Board meeting, shall be required by the Public Health Division to postpone the variance hearing to a later date. § 385-6 Filing fee. A nonrefundable filing fee is required in accordance with Chapter 318, Fee Schedule, of the Town of Barnstable Code. No fee will be required for filing a variance request upgrading existing on-site sewage disposal systems unless the upgrading involves approval of a building permit. Page 1 of 3 BOH 07/25/2023 AGENDA – BOARD OF HEALTH MEETING Original Tuesday, July 25, 2023 3:00 PM James H. Crocker Jr. Hearing Room, Town Hall 367 Main Street, 2nd Floor, Hyannis, MA A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on Tuesday, July 25, 2023. The meeting was called to order at 3:00 pm by John Norman, Chair. Also in attendance were Thomas Lee, Vice Chair, Board Members Donald Guadagnoli, M.D., Daniel Luczkow, M.D., Paul Canniff, D.M.D. , and Stephen Waller, M.D., Alternate. Thomas McKean, Director of Public Health, and Sharon Crocker, Administrative Assistant, were present. I. Variance – Septic: Dan Ojala, Down Cape Engineering, representing Betty Ludtke, owner – 30 Wachusett Avenue, Hyannis, Map/Parcel 287-053, 5,683 square feet parcel, combine two septic systems for two building into one system. Dan Ojala was present and stated his revised plan dated July 25, 2023 includes a liner the health inspector requested. Upon a motion duly made by Dr. Guadagnoli, seconded by Mr. Lee, the Board voted to grant the variance(s) according to the revised plan showing the liner was given to Mr. McKean. (Unanimously, voted in favor.) II. Innovative/Alternative (I/A) – Secondary Treatment Unit (S.T.U): A. Dan Ojala, Down Cape Engineering, representing Susan McAllister, owner – 10 Island Avenue, Hyannis, Map/Parcel 265-004, 70,087 square feet parcel, repair of failed septic system, proposing to install a MicroFAST 0-.9 Innovative Alternative (I/A) Septic System and requesting multiple variances. Dan Ojala explained that on the original permit it incorrectly showed as a 4 bedroom while assessors stated 8 bedrooms. This was clearly an 8 bedroom in the original footprint and this was before plans were required to be filed. Thus, the submitted plans are designed for the eight bedrooms. With two sensitive embankments and the possibility of sewer not looking promising to this location, they opted to use a MicroFast to protect the water. Mr. Ojala added the vent requested by the Health Inspector to the MicroFast. He reviewed the size of the tanks with MA DEP and J&R Sales representing MicroFast. They acknowledged the tank size was the correct size and could handle 100 gallons more. Upon a motion duly made by Dr. Guadagnoli, seconded by Mr. Lee, the Board voted to grant the variances with the use of the MicroFast Septic System. The revised plans are dated 7/25/23 showing the venting. (Unanimously, voted in favor.) Town of Barnstable Board of Health 200 Main Street, Hyannis MA 02601 John T. Norman, Chair F.P. (Thomas) Lee, P.E. Office: 508-862-4644 Donald A. Guadagnoli, M.D Daniel Luczkow, M.D. FAX: 508-790-6304 Paul Canniff, D.M.D. Stephen Waller, M.D.-Alternate Stephen Page 2 of 3 BOH 07/25/2023 B. Brian Yergatian, BSC Group, representing Hyannisport Club – 2 Irving Avenue, Hyannis, Map/Parcel 266-031, 156 acre parcel, proposed expansion of Racquets Facility, requesting to not install an Innovative Alternative (I/A) Septic system. No one was present. This was moved to the next meeting- August 2023. III. Septic Repair – Deadline: Paul Baron, Baron Property Management, representing Strawberry Hill Condominiums – 1431 Iyannough Road, Hyannis, Map/Parcel 274-021, requesting extension on deadline until sewer connection. Paul Baron said currently there is one of the four septic systems in failure with a failed leaching pit. The system covers the units 15-22 (Map/Parcels 274-021-00O to 274-021- 00V). The Health Division sent a letter requesting the repair be done within a year. They are in the early portion of Phase 1 of the sewer project and are monitoring the leaching field every month and Bortolotti will be pumping it as needed. They are asking for an extension until connected to sewer. Mr. McKean said the staff has no issue with extension. Upon a motion duly made by Dr. Guadagnoli, seconded by Mr. Lee, the Board voted to grant an extension of two years until 7/31/25 with the following conditions: 1) it continue being monitored once a month, 2) the system be pumped as needed to prevent backing up or overflowing, and 3) the system be connected to Town sewer immediately - within six months. (Unanimously, voted in favor.) IV. Food – Variance: A. British Beer Company, 412 Main Street, Hyannis, Map/Parcel 309-221, requesting grease trap variance, for 2,000 gallon grease trap, menu items have low level of grease, asking for same seating as prior owner - 197 seats. Attorney John Kenney was representing the owner at this meeting and explained the owner was unaware at purchase of property that there was a variance on the food permit. He suggested creating a policy to have variances for food also recorded at the Registry of Deeds so attorneys can find them at time of sale. He expressed concern that the drop in seats recommended by Department of Public Works would be a reduction of 39% with huge consequences for income. He stated they do have a grease recovery device (GRD) and a contractor who pumps the grease trap and takes the grease from the GRD every three months. Mr. Kenney asked for a two year extension (through the summer season) with current seating to earn income to cover the cost of an enlarged grease trap. Upon a motion duly made by Dr. Guadagnoli, seconded by Mr. Lee, the Board voted to grant a temporary extension for 27 months to allow 197 seats used until October 31, 2025. The grease trap shall be pumped whenever the level of grease is 25 percent of the effective depth of the trap or at least every three months, whichever is sooner. (Vote: 4 voted in favor, 1 opposed- Dr. Canniff) Page 3 of 3 BOH 07/25/2023 B. Robert Weekes, Raw Bar – 213 Ocean St, Hyannis, Map/Parcel 326-035, variances from Federal Food Code, requesting allowance to put shucking stations behind the bar. Mr. Weekes stated the raw bar is outdoors. Mr. McKean stated the Black Cat Café was granted a similar variance as a pilot program and he would not an issue for this locate to be granted the same provided they operate in a similar fashion. Mr. Norman said, as the oysters are shucked to order, and not large amounts are opened ahead of time, there shouldn’t be an issue with flies, etc. Upon a motion duly made by Dr. Canniff, seconded by Mr. Lee, the Board voted to grant the variance with the following conditions: 1) a high-powered fan be used as an air curtain just in the area where they are shucking oysters, 2) they seal the piece of wood where the shucking is done. (Unanimously, voted in favor.) V. Septic Installer – New: Tyler Gilman, South Dennis All paperwork is in order and installer passed the exam. Upon a motion duly made by Mr. Lee, seconded by Dr. Guadagnoli, the Board voted to grant Tyler Gilman a septic installer’s permit. (Unanimously, granted in favor.) VI. Body Artist – New: Rosangela Martins, Body Artist at Brazilian Touch Salon and Day Spa – 209 Main Street, Hyannis, Map/Parcel 327-051, has the Save Each Life – Anatomy, Physiology and Skin Course for Body Art Practitioners Certificate. Upon a motion duly made by Dr. Guadagnoli, seconded by Mr. Lee, the Board voted to grant Rosangela Marins a body art practitioners permit. (Unanimously, granted in favor.) VII. Minutes: May 23 and June 27, 2023 Minutes. VIII. Election of Officers. John Norman was nominated as Chair and Thomas Lee was nominated as Vice- Chair of Board of Health for the year July 2023 – June 2024 . Upon a motion duly made and seconded, the Board voted to elect John Norman as Chair and Thomas Lee as Vice-Chair. (Unanimously, voted in favor.) IX. Update Monthly Regulations/Policies: (Continued) A. Policy – Draft “Deadline to Connect Buildings to Public Sewer” B. Policy – “Temporary Holding Tanks at Locations Where Public Sewer Will Be Provided in the Near Future (within Two or Three Years)”. Page 1 of 2 BOH 09/26//2023 AGENDA – BOARD OF HEALTH MEETING Original 9/20/23 1:14pm Tuesday, September 26, 2023 3:00 PM James H. Crocker Jr. Hearing Room, Town Hall 367 Main Street, 2nd Floor, Hyannis, MA A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on Tuesday, September 26, 2023. The meeting was called to order at 3:00 pm by John Norman, Chair. Also in attendance were Thomas Lee, Vice Chair, Board Members Daniel Luczkow, M.D., Paul Canniff, D.M.D., and Stephen Waller, M.D., Alternate. Thomas McKean, Director of Public Health, was present. Donald Guadagnoli, M.D., Board member, and Sharon Crocker, Administrative Assistant, were not able to attend. I. Proposed Regulations/Policies: A. Policy – “Deadline to Connect Buildings to Public Sewer” Upon a motion properly made and seconded, the Board voted to continue this item to the next Board meeting on October 24, 2023. B. Policy – “Temporary Holding Tanks at Locations Where Public Sewer Will Be Provided in the Near Future (within Two or Three Years)”. Upon a motion properly made and seconded, the Board voted to continue this item to the next Board meeting on October 24, 2023. WITHDRAWN Proposed Policy Change: Withdrawn by applicant. Proposed policy change from a Town of Barnstable resident Nancy Trafton - recommending requirement of a holding tank at all businesses which are advertising detailing of vehicles. II. Variance - Septic: A. Dan Ojala, Down Cape Engineering, representing Chef J LLC, owner Villaggio Ristorante – 4631 Falmouth Road, Cotuit, Map/Parcel 024-157, 46,460 square foot parcel, in Stage One, proposing to locate the pump chamber and leaching fields on separate lot controlled by the same owner, Zone II, permitted for 100 seats, requesting 150 seats, requesting variance from using a recirculating sand filter (RSF) or alternative. Mr. Ojala was present. The Board had some questions including clarification on the number of seats being requested at the restaurant. The Board is looking for additional information. Upon a motion duly made and seconded, the Board voted to continue this item to the next Board meeting on October 24, 2023. (Unanimously, voted in favor.) Town of Barnstable Board of Health 200 Main Street, Hyannis MA 02601 John T. Norman, Chair F.P. (Thomas) Lee, P.E. Office: 508-862-4644 Donald A. Guadagnoli, M.D Daniel Luczkow, M.D. FAX: 508-790-6304 Paul Canniff, D.M.D. Stephen Waller, M.D.-Alternate Stephen Page 2 of 2 BOH 09/26//2023 B. Lawrence & Ellen Scult, owners – 27 Nye’s Point Way, Centerville, Map/Parcel 233- 020, 0.20 acre parcel, requesting a setback variance of 18 feet from private well to tight tank from State and Local codes due to limited lot size. Upon a motion duly made and seconded, the Board voted to grant the variances requested. (Unanimously, voted in favor.) III. Bedroom Determination: A. Jenia DaSilva, owner – 105 Captain Carleton Road, Cotuit, Map/Parcel 038-035, is requesting a four- bedroom determination (versus a three-bedroom), proposing an Accessory Dwelling Unit (A.D.U.), in Saltwater Estuary Zone. In discussion, the paperwork showed an additional leaching pit was installed and the Documents have a handwritten note- addition put on. Upon a motion duly made by Dr. Luczkow, seconded by Mr. Lee, the Board voted to approve the determination of 105 Captain Carleton Road, Cotuit, to be recognized as a four-bedroom dwelling. (Voted in favor. In Favor – 4, Abstained-1- Dr. Canniff.) B. Scott Annand, owner – 29 Chequaquet Way, Centerville, MA 191-009, is requesting a bedroom determination of four-bedroom (versus three-bedroom), only in Saltwater Estuary Zone Scott Annand was present and discussed the situation. The septic system is designed as a three-bedroom and the property is in a restricted zone. WITHDRAWN. Upon discussion with the Board, Mr. Annand decided to withdraw his request. IV. Food – Temporary Event: Jason Siscoe is requesting a Temporary Food Permit for “Cotuit Oyster Festival” at King’s Grant - The Courtyard Café, 12 Old Kings Grant Road, Cotuit, Map/Parcel 022-106, for September 30, 2023 from 1:00-6:00pm, the vendors are Jason Siscoe and Cotuit Oyster Company with the following menu: clam chowder, shrimp cocktail, stuffed quahogs, hot dogs, hamburgers, Italian sausage, and oysters shucked on site. Jason Siscoe was present to answer any questions. All paperwork was submitted. Upon a motion duly made and seconded, the Board granted the “Cotuit Oyster Festival” at Kings Grant a temporary food event. V. Minutes: Minutes Continued to next meeting. Meeting Adjourned: 4:42pm Page 1 of 3 BOH 10/24//2023 BOARD OF HEALTH MEETING MINUTES Tuesday, October 24, 2023 James H. Crocker Jr. Hearing Room, Town Hall 367 Main Street, 2nd Floor, Hyannis, MA A regularly scheduled and duly posted meeting of the Barnstable Board of Health was held on Tuesday, October 24, 2023. The meeting was called to order at 3:00 pm by John Norman, Chair. Also in attendance were Thomas Lee, Vice Chair, Board Members Donald Guadagnoli, M.D., Daniel Luczkow, M.D., Paul Canniff, D.M.D. , and Stephen Waller, M.D., Alternate. Thomas McKean, Director of Public Health, and Sharon Crocker, Administrative Assistant, were present. I. Proposed Regulations/Policies: MOVED TO A. Policy – “Deadline to Connect Buildings to Public Sewer” NOV 28, 2023 MOVED TO B. Policy – “Temporary Holding Tanks at Locations Where Public Sewer NOV 28, 2023 Will Be Provided in the Near Future (within Two or Three Years)”. II. Variance – Septic (Continued from Sep 26 2023): MOVED to Dan Ojala, Down Cape Engineering, representing Chef J LLC, owner NOV 28, 2023 Villaggio Ristorante – 4631 Falmouth Road, Cotuit, Map/Parcel 024-157, 46,460 square foot parcel, in Stage One, proposing to locate the pump chamber and leaching fields on separate lot controlled by the same owner, Zone II, permitted for 100 seats, requesting variance from using a recirculating sand filter (RSF) or alternative. III. Secondary Treatment Unit (S.T.U. )– Micro-Fast Michael Pimentel, JC Engineering, representing 289 East Bay Road, LLC, owner – 289 East Bay Road, Osterville, Map/Parcel 163-014, 1.34 acre parcel, requesting Secondary Treatment Unit (S.T.U.) – MicroFast Septic System be installed, no variances requested. Paul Mazzola and Tony Ciliberto were available for any questions on the four bedroom plan. Mr. McKean said the staff had no issues with the plan. Upon a motion duly made by Dr. Guadagnoli, seconded by Mr. Lee, the Board voted to approve the MicroFast Septic System. (Unanimously, voted in favor.) Town of Barnstable Board of Health 200 Main Street, Hyannis MA 02601 John T. Norman, Chair F.P. (Thomas) Lee, P.E. Office: 508-862-4644 Donald A. Guadagnoli, M.D Daniel Luczkow, M.D. FAX: 508-790-6304 Paul Canniff, D.M.D. Stephen Waller, M.D.-Alternate Stephen Page 2 of 3 BOH 10/24//2023 IV. Deadline Extension to Repair Septic: Marcos Da Silva, owner – 155 Hillside Drive, Centerville, Map/Parcel 193-018, Phase 1 of sewer, requesting to extend the deadline to repair septic until able to connect to sewer - estimated in 2027. Dr. Canniff was concerned with the location of the septic being approximately 75 feet from the lake. There is no evidence of a failure of the septic system. Mr. McKean suggest to pump the septic system as often as needed to prevent overflow. Mr. Norman asked Mr. McKean to have someone visit the site for any possible evidence of failure. Mr. McKean will inspect it to see if any evidence of hydraulic failure. Upon a motion duly made by Dr. Guadagnoli, seconded by Dr.Luczkow, the Board voted to grant the extension until October 31, 2027 with the following conditions: 1) pump once every year or more, if needed, 2) send a copy of the pumping receipt to the Public Health Division. (Voted in favor - 4, one opposed – Dr. Canniff). V. Septic Installer-New: Brian Webster, Hampden, MA Mr. McKean said staff had no issues. He passed exam and his paperwork is all set. Upon a motion duly made by Dr. Luczkow, seconded by Dr. Guadagnoli, the Board voted to grant Brian Webster a septic installer’s license. (Unanimously, voted in favor.) VI. Food – Temporary Event: A. Sunny Feldman, Amplify People of Color (P.O.C.) Cape Cod, is requesting a temporary food permit for the event “Amplify POC Holiday Vendor Market” at Sturgis Building, 529 Main Street, Hyannis, on Saturday, December 9th from 2-6pm with the following food items: Empanadas, Egg Rolls, Jag, Steak & Cheese, Fried Plantains, bottled water and soda, and oysters. Sunny Feldman was present and mentioned the location is the school building across from Colombo’s. The area has a good size patio in from of it where the two food vendors will be. Upon a motion duly made by Mr. Lee, seconded by Dr. Guadagnoli, the Board voted to grant the temporary food event. (Unanimously, voted in favor.) B. Antonia Stephens, Hyannis Public Library, representing the food event “Venham Conhecer Sua Futura Biblioteca/Come Meet Your Future Library” at the Hyannis Public Library at 401 Main Street, Hyannis. The menu with consist of: coxinho (deep fried chicken and cream cheese croquette), assorted cheese and crackers, kibe (deep fried ground beef croquette), assorted fruit, croquete (pastry with ham, cheese, and corn), empadinha (pastry with chicken filling), and brigadeiros (dessert made with butter and sweetened condensed milk. Antonia Stephens said the appetizers would be made at the vendor’s location and brought to the library. Page 3 of 3 BOH 10/24//2023 Upon a motion duly made by Mr. Lee, seconded by Dr. Guadagnoli, the Board voted to grant the temporary food event. (Unanimously, voted in favor.) MOVED TO VII. Minutes: NOV 28, 2023 Meeting Adjourned – 3:22pm