Board of Health

FITCHBURG CITY CLERK Apr 30 2024 3:10 pm Office of the Board of Health City Hall 718 Main Street Fitchburg, Massachusetts 01420 978-829-1870 This was a regular meeting of the Board of Health held in the Legislative Building at 700 Main Street and recorded by FATV Studios, Thursday, March 14, 2024. The meeting was called to order by Dr. Bogdasarian. Present: Stephen Curry, Director, Dr. John Bogdasarian, Chair, Ian Murray, BOH-Member, Diane Tousignant-BOH Member, Karen Membrino, Clerk Stenographer. Tom Murray, Waste Management, Mike Kunce, Waste Management, Frank Sepiol, Waste Management, Petitioners: Kim Goodwin, Andrew Couture, Food & Milk Inspector, Sean Michael Tantinarawat. Public Forum: There was no speaker in the public forum. Fitchburg/Westminster Sanitary Landfill-Tom Murray, Mike Kunce-Waste Management Tom Murray, Senior district Manager responsible for Fitchburg Westminster landfill accompanied by Mike Kunce, project engineer for the landfill, and Frank Sepiol, Environmental Protection Manager. Tom Murray, together with Mike Kunce, stated that they are going to provide an overall outline of how the project is running. Murray started stating the points he would like to address regarding the project starting with phase five in continuation which looks to take the landfill to 2032. Mr. Murray proceeds to point out that they will also go over the benefits of the host community agreement in which the City of Fitchburg, the Town of Westminster, and RCI are engaged. Mr. Murray will then go over odor complaints and the hotline, and how it works. Finally, Mr. Kunce will go through gas management, what has been done to date and what are they continuing to do as the landfill project progresses. Mike Kunce proceeded to talk about the first point mentioned by Mr. Murray. Mr. Kunce states that the construction began in November of 2022, and is large construction activity in this “cell”. From 2022 through 2023 the activity was preparatory work. This included ancillary work to the cell construction, improvements to storm water controls across the site because the site will be increased to two and a half acres. Mr. Kunce stated that because the overall area will be increased, they updated their stormwater control plan and subsequentially their controls were also updated. Mr. Kunce stated materials onsite are being processed to construct an MSE wall, which is a Mechanically Stabilized Earth wall, which is a large feature in the project. Mr. Kunce has also stated that one benefit of the site has been to mine and crush existing stone that’s on- site, minimizing the impact on the surrounding neighborhoods by not having to get import material. This will continue through May of 2024. Mr. Kunce stated that the wall construction will begin this year and is scheduled to be completed this year. This would be what composes the footprint or foundation of the cell. Mr. Kunce stated that the actual cell construction with the geosynthetics, clay, and baseliner construction is scheduled to be completed next year. Having anticipated an end of construction by the end of next year and they expect to then submit to the DEP their certification report for the construction activities. This would be for an application of an ATO, which is an Authorization to Operate. Mr. Kunce stated that will allow them to begin to operate that portion of the landfill by 2026. The ATO will allow an airspace life to 2032. Dr. Bogdasarian asked Mr. Kunce to provide a description of where the landfill is located. Mr. Murray stated that the landfill is in both Westminster and Fitchburg property. Mr. Murray proceeded to explain the landfill was located in the town of Westminster and originally began in the late seventies/ early eighties as the Fitchburg landfill. There are three cell sections, continuation is done in section three which is entirely in Westminster. Mr. Murray proceeds to explain the agreement, which he states involves multiple permits, and as far as Board of Health approvals goes, they have a site assignment from the town of Westminster Board of Health, and they also have the Authorization to Operate with the Massachusetts DEP and then they have what is called a Host Community Agreement. The agreement is composed of the City of Fitchburg, the Town of Westminster, and RCI Fitchburg. The agreement has no operating contract. Dr. Bogdasarian asked Mr. Murray about what is involved in the construction of the cell for Waste Management. Mr. Kunce proceeds to explain that the system is built to protect the environment. The design is consistent with the state DEP regulation for landfill construction and in essence it’s a double- lined landfill that sits on top of 18 inches of clay and then a double liner system that has GCL, which is a granular clay liner system. Having a granular clay liner system would help self-seal any penetrations. That is two sets of the system and on top of that is the drainage, system leachate collection system that has the waste sitting within the cell. The system of pipes conveys the leachate from the waste and is pumped out of the cell and managed through the City of Fitchburg Wastewater Treatment Plant. Dr. Bogdasarian asked what could be put in the landfill. Mr. Kunce clarified it is more than organic material, it is a sanitary landfill so all MSW, sanitary waste. Furthermore, Dr. Bogdasarian inquired to Mr. Kunce regarding if the waste is recyclable in any way. Mr. Kunce explained that there is a program through the DEP which is in charge of recycling. Mr. Kunce further explained all the different ways recycling is managed in the landfill. Mr. Murray stated that everything coming into the landfill is strictly regulated by Massachusetts DEP. Furthermore, he stated they are required to do inspections, that recycled items are strictly logged and they are required to send reports, and further explained how gas and the energy production of the landfill, which is considered green energy, and is enough gas to supply 2000-3000 homes. Mr. Murray proceeds to explain that the Host Community Agreement, is set to continue until 2032. Mr. Murray further explains the nature of this Host Community Agreement, stating that it started in 2010 and was set to finish in 2017. In 2010, the city and town were able to come up with a new host community agreement with no expiration date on it. Mr. Murray stated that some of the benefits for the City of Fitchburg due to the agreement include a cash portion of around 4.22 million to the city (1.63 million in 2021, 1.27 million in 2022, and 1.32 million in 2023). Mr. Murray also stated that the City of Fitchburg and the town of Westminster are ‘last man standing as volumes’, which means that the town will be the last people that will be going into the landfill, and they are making sure there is space for the city. Another benefit, as stated by Mr. Murray, includes free or discounted disposal charging only 50% of the average rate going into the landfill for a total of 45 dollars and 79 cents, saving the city approximately 500,000 dollars. Continuing with the benefits, the city brings all the street sweeping and catch basin cleanings into the landfill which is put on the compost pad and is used as compost products or cover material. Mr. Murray stated that he and Mr. Kunce manage the residential drop-off center, providing all the sheds and other needs it takes to operate it. The MSW also pays for the disposal of white goods, methane propane tanks, tires, waste oil, and everything they accept. Another host community benefit, a household are the hazardous waste collection event, which there are 2 per year. Mr. Murray also stated there is a relationship with the wastewater treatment facility where the landfill takes care of the sludge generated by the wastewater treatment facility, while this wastewater treatment facility takes care of the leachate generated by the landfill. Additionally, Mr. Murray stated they count on a third-party to address odor response and implemented a hotline for people to report any odor. Mr. Kunce proceeded to further explain the third-party hotline which is valuable as it allows the quick response to any odor complaint. Because of the time-sensitive nature of the need to respond quickly, Mr. Kunce pointed out that the team has hired that third party and there is an engineer who is in charge of responding to every odor complaint. After the complaint odor is analyzed, a Waste Management person goes to the offsite complaint location and makes an independent evaluation of the order. All staff and third-party engineers are trained to conduct the evaluation of the odor complaint. Additionally, regarding the hotline response, Mr. Kunce stated that they are also in charge of performing daily inspections ensuring communications and quick response in case of any problems. Mr. Kunce stated that they also perform mandatory odor inspection loops within the property using a systematic form. He also stated that they maintain two- H2S meters to monitor odor and any odor offsite. They also have a quarterly third-party engineer that performs an SEM (Surface of Emission Monitoring) which is in charge of monitoring emissions venting of gas. Additionally, they also maintain a 5-year gas plan that is updated annually, where they look at the full gas system and gas curve allowing updated infrastructure budgeting and is helpful to identify the potential needed upgrades to the system. Mr. Kunce stated that what they found in 2023 was that the precipitation was the driver for the odor. With an increase in precipitation, there was an increase in the generation of gas. WM implemented a program to push forward a lot of the items that they had already planned to do in the five-year gas plan and evaluated the landfill adding additional measures as needed. Complaints of odors are still present for the people, but they are working actively on resolving the problem. What they started doing last year to address this issue was the installation of 2200 linear feet of additional vacuum lines, 750 linear feet of additional horizontal gas collectors, six new vertical extraction wells, five acres of 40 million geosynthetic membranes, plastic linear across five acres to mitigate venting gases and stormwater, and several dewatering pumps. They also replaced 55 wellheads to upgrade the ability to fine-tune the well collection, and completed and cleaned a main gas header which increased the gas vacuum, and also hired two additional gas technicians. Dr. Bogdasarian asked Mr. Kunce how the system addresses methane emissions, as it is one of the contributing factors to global warming. Mr. Kunce proceeded to explain how the site is evaluated through different controls and the landfill counts with vertical wells which are designed to capture different areas. Additionally, they use a horizontal gas collector which is laid across the surface and it has a vacuum attached to it from the control devices which is in charge of burning the gas. They count on an enclosed flare and an open-tip flare as well as the three engines that with the vacuum can manage the methane. Based on the weather conditions they would either open or close the flare. The burned gas is passed through multiple processes, and it is used as the fuel. Dr. Bogdasarian then asked what was done with the gas. Mr. Murray proceeded to explain they have a power agreement with a Vermont company that puts it out to the national grids. Mr. Murray proceeded to further explain the importance of the newly added controls and enclosed flame system which helps gather the gas that was not collected before. Mr. Murray stated that he is open to anybody who wants a tour of the landfill to reach out through Director Curry. Mrs. Tousignant asked for clarification regarding the ‘closed flare’ term. Mr. Murray and Mr. Kunce proceeded to explain how the open flare would look like a big Bunsen burner with the flame at the top while the closed flare is about 25-foot radius 40 feet high, and the combustion happens within that enclosure. Mr. Murray further explains how the enclosure and gas cleaning work. A lengthy discussion ensued the members of the Board of Health asked numerous questions to the Waste Management professionals. Sanitary Landfill: Other West Fitchburg Odor Sources Kim Goodwin, resident of the Oak Ridge condominium complex. Mr. Goodwin stated he has lived in West Fitchburg since 1982. Goodwin proceeded to explain how in the last three to four years they have been smelling a new very offensive odor. Mr. Goodwin stated that he has been reporting the odor since June 29th, 2022, but he has seen little or no response from the city as to what the smell is, what the source is, and how to resolve it. Different responses from the city say that the smell is generated by the Greif cardboard recycling company in West Fitchburg. Mr. Goodwin stated they had a meeting with Andrew Couture and Steve Curry where at that point they tentatively set up a Ward 3 meeting and invited the Greif Company to come to the meeting to address the issues. The company refused to come to the public meeting on the situation. Mr. Goodwin stated that all living in the condo agree that the smells start around the day and extend until the night. This issue has prevented residents from being able to even open the windows because of the strong odor. Mr. Goodwin stated that he believes this new odor is not related to the new landfilled previously talked about, but he stated it is something new and that has been going on for at least three to four years. The petitioner stated that some days is wind dependent, but it is very prevalent. Mr. Goodwin explained that even though the odor was not every night, they are very concerned about what is in the smell that is keeping it constant. The petitioner further explained that people from Westminster Hill Road could also smell the odor. Mr. Goodwin stated this is a quality-of-life issue. Dr. Bogdasarian asked the petitioner how often this issue occurs. Mr. Goodwin answered that it happens multiple times per week. Petitioner explains that they are not sure of the reason or if it's related to any process that is being done. The petitioner states that Mr. Curry mentioned at the meeting that the company did install sulfur sensors, approximately 5 to 6 years ago, to detect hydrogen sulfide. Dr. Bogdasarian suggests that a place to start would be to find the odor source and once known the source to act to resolve it. Mr. Goodwin stated that it may not be unreasonable to legally force the company to respond to the city. The petitioner continues to explain that if you drive down Princeton Road by the wastewater plant you could smell it from the vehicle. The petitioner continues to explain how the smell is very wind-dependent and with nearby neighbors, they see the smell is dependent on altitude. The petitioner is asking for help from the Board to resolve the issue as the company, which they think is responsible for the odor, has refused to address the issue in the West Fitchburg meeting. Mr. Goodwin stated that he has at least 10 records of complaint submissions to See Click Fix made since June 29th, 2022. Mr. Couture proceeded to state that when knowing about the complaints, he decided to investigate and found that the odor was a sulfur raw sewage smell coming from the Grief Company and/or the wastewater treatment plant. Mr. Couture had started working with the petitioners about a year ago. Mr. Couture stated that he has seen multiple complaints either said to him or even on social media. Mr. Couture proceeded to state that the board needed to address the issue either by ordering them to come forward to the board or by any other help they could do. Dr. Bogdasarian stated the board will be looking into how to address the issue. Dr. Bogdasarian suggested looking at the source of the odor and if coming from the Greif Company they could ask for a tour of the facilities of which Mr. Couture asked to be part. Director Curry stated that the Health Department is very aware of the issue. The Health Department appreciates the Landfill hotline established three or four years ago. Director Curry stated that both the Landfill and the Greif Company have a sulfur odor which makes it difficult to distinguish between the two. Director Curry stated that Grief Company switched their treatment system last year, and has been meeting with the company on a monthly basis. The company was invited to the Ward three meetings and the Board’s meeting, but they weren’t interested in participating, the company preferred to work through Director Curry. Director Curry stated that he has taken the company to Housing Court several times in the last 10 years. The company is working to switch its system once again. The company is going to install two batch reactors which are similar to two large swimming pools where they can treat the system. Additionally, the company is seeking a permit from the Wastewater Department and possibly DEP to make the switch. This switch would take about three to four months. The company has also installed a hydrogen sulfide meter around the property. In addition, Director Curry stated that the West Wastewater Treatment Plant is underused, and Grief is the only company that is submitting waste to the West Waste Water Treatment plant. Dr. Bogdasarian asked Director Curry what the Grief manufacturer does. Director Curry explains that they make cardboard, further explaining that they take wastepaper and turn it into a pulp which creates odors through the process. Director Curry further explains they are also aerators in their tanks which were breaking down regularly and these aerators would again be utilized as they switch to the new system. Dr. Bogdasarian asks if Greif is creating this odor and if there is any law to regulate this. Director Curry agrees and expands on the consideration of asking them to stop operating a few times, but the odor is unbearable at times. The company has hired two engineering firms, they have one set of plans submitted for a new treatment option which even the wastewater staff wasn’t sure was going to take care of the issue which caused the company to hire a second engineering firm. Director Curry stated that those plans should be out, he was told by March. These plans are on a long-term fix which the company said would take up to 15 months to install. Dr. Bogdasarian asked if they could request the Greif Company to come to the Board and outline what are their plans to mitigate the odors that are coming from the plant. Director Curry responded that that would be a terrific idea to have the Board order them to do several things including educating the community. Mr. Goodwin asked if it's possible to put some sulfide sensors in the Oak Ridge area to collect data on the smell which could maybe be analyzed. While a lengthy discussion ensued, the members of the Board of Health asked numerous questions to the waste management experts and Petitioner. Dr. Bogdasarian concluded it would be helpful to contact Greif Company to further assess the issue. Dr. Bogdasarian suggested inviting Greif company to a Board of Health meeting, but Director Curry expressed the company was concerned about the recording. Ian Murray proceeded to ask if there was an odor plan now to which Director Curry answered yes. Ian Murray proceeded to ask if they’ve been permitted for this operation which Director Curry answered is ultimately Fitchburg Wastewater and DEP. Mr. Curry further explained that the DEP has done a site assessments, but enforcement jurisdiction falls under the Fitchburg Department of Health. Director Curry explains that when talking to the company, some ideas came up and Director Curry runs them by the DEP Air Pollution which helps him with the enforcement end of it. Ian Murray stated that since there is no concrete evidence of who is responsible for the odor the Board can't go to the DEP. Ian Murray suggested that third-party samplers could be used to identify where the odor is coming from and then the Board could pick up from there. This should be taken into consideration by the DEP for future licenses. Ian Murray stated that if the Greif Company is invited to the Board meeting, the DEP should also be invited and they should be informed and know what is going on. Participation from Fitchburg Wastewater was suggested as well. They continued to discuss this to be the next step as well as having a tour of the facilities. Ian Murray made a motion to order Greif Company to come to the next Board meeting and discuss their operations and process. The motion was seconded by Dr. Bogdasarian. All were in favor, and the motion carried. Hearing Requests: a. Royal Fuel Smoke Shop, 880 Water Street- Haji Ahmad- 105 CMR 665.000. Tobacco Sale Dr. Bogdasarian stated the item was postponed. b. Food Establishment Permits: Dr. Bogdasarian stated there are now just two establishments whose permits have expired as of December 31st, 2023, those being Mill City Pub and the British American Club. Inspector Tantinarawat stated that as of March 12th, Mill City Pub has submitted their applications, but it is not complete. The pub is missing the required certifications, and no payment has yet been received. Inspector Tantinarawat further explained there was communication stating that they would submit the required certification on the 12th of March, but no follow-up has been made. As for the British American Club, there has been no communication. Inspector Tantinarawat stated that he has the last two inspections, original and re-inspection with some issues needing to be taken care of but the issues are not completed. Inspector Tantinarawat requested that the establishments should not be operating under the Federal Food code, and the Federal Food, Drug, and Cosmetic Act, FFDCA. This code is defined as articles used for food and drink, which is under Article 21, USC Chapter 321, defining all alcoholic beverages that fall under the FDA’s regulation jurisdiction are legally considered foods. He believes the establishments also host and cater events which they should not be doing. Furthermore, at the bar, anything that’s considered a garnish or ice is considered edible and should be removed. Inspector Tantinarawat stated he is talking about both clubs, but the British American Club has a higher risk as it has not submitted anything and that they should be ordered a Cease and Desist. Mr. Couture, who was a representative of the British American Club, argues they thought they had all the inspections orders completed and that’s why they were able to get the liquor license. Mr. Couture stated they did have a delay regarding the Building inspection because of some issues with the emergency lighting which took some time to address. Mr. Couture stated that he is willing to work with the Board to get any issues addressed. Inspector Tantinarawat stated that the operation received two letters from him and one from the Director of the Board of Health as well as a letter from our Legal Department. His letters were sent out in January and February. The City Solicitor sent out letters two weeks ago and then there was a follow-up call made last week. Mr. Couture stated he talked with Attorney Pawlak, as both are lawyers. In this conversation, Mr. Couture was asked if everything was ready with the establishment to which he answered what he thought that everything was ok and even got the liquor license. Mr. Couture stated that they weren’t aware of the things that were missing. Dr. Bogdasarian asked if the establishment only needed to address things within the inspection. Inspector Tantinarawat stated that there was also a required renewal permit which requires the operation to have updated Food Protection Manager Certification which was expired based on the last inspection. Inspector Tantinarawat stated the establishment was also required to have a person in charge of the Allergen Awareness certification which Mr. Couture argues they have. Inspector Tantinarawat proceeds to mention they also are required for CPR certification and workers which Mr. Couture argues they have that as well. Inspector Tantinarawat specifies they need to have the documentation for auditing reasons. Dr. Bogdasarian asked Mr. Couture if it was possible to have the Inspector contact the President of the British American Club. Mr. Couture stated he would speak to the representative, Joe Clonan, in regard to the issues and make sure everything gets submitted and address what needs to be fixed. Mr. Couture explains to Dr. Bogdasarian that when the licenses were being renewed, the administration of the club was also changing. Dr. Bogdasarian concluded that recommendations for this operator would be put on hold to addressing the issues and any recommendations would be given at the next Board meeting. Dr. Bogdasarian proceeded to ask about the Mill City Pub. Inspector Tantinarawat stated that the establishment is missing one certification, documentation, or proof that they’ve scheduled a course will be acceptable and also, they are missing the payment for their renewal. Dr. Bogdasarian asked how the communication part of letting the establishment know they are missing those requirements. Inspector Tantinarawat states that if there is no submission or communication on the update of the required certification, a cease-and-desist order should be issued and further explains that notification of the permit expired goes out from the Pongo system, and the establishment has also been notified by himself and the Director and the City Solicitor. The establishment submitted its application again on March 12th, 2024, but it is still incomplete. Inspector Tantinarawat stated that a cease-and-desist order would be issued for April 1st and suggested giving the establishment until the end of the month to comply and the establishment would be issued late fees each month they do not reapply or cooperate. Dr. Bogdasarian made a motion to order, Mill City Pub, to compliance by April 1st, 2024. Otherwise, they will issue a cease-and-desist order. The order was seconded by Mrs. Tousignant. All were in favor, motion carried. Food Establishment Ticket: Dr. Bogdasarian stated that there is only one establishment, Dutch Kitchen Bake Shop, which has gone beyond the permit. Inspector Tantinarawat stated that their violation is different. The establishment is permitted but their ticket, which was issued on January 19th, 2023, has passed the 21 days period of contesting, or paying the fine. Dr. Bogdasarian asked what the ticket was regarding. Inspector Tantinarawat explained that there were two violations which were both repeat violations. The first was regarding distributing food without a Wholesale License from the State of Massachusetts to other operations and the second was for not labeling retail, packaged food, with the required information provided by the Massachusetts Sanitation Code. That was a third violation and the Wholesale license was the second. Inspector Tantinarawat explains the establishment paid their past fine for the same violation. Inspector Tantinarawat presented the wholesale requirements for the state of Massachusetts that go beyond the Fitchburg jurisdiction. The establishments still required communication between the owner and the operators of the Dutch Kitchen Bake Shop. Communication has been consistently ignored. Inspector Tantinarawat explained there were some email exchanges in which he provided the link and the application for the Massachusetts Wholesale License. He further explained there were emails of acknowledgment and emails after the operation was reported for selling without the license of Wholesale Licensure/Permit across the city and in the city license. He stated the operations were visited by a state inspector. The establishment stated that they had been working with the wholesale inspectors, but they have not been approved, meaning the establishment is fully aware of the requirements. Inspector Tantinarawat stated that the previous owner of the establishment had a Wholesale License, but the state established this license is non-transferable and clarified to Dr. Bogdasarian that this license is secondary. Inspector Tantinarawat also clarified that previous fines were paid, and the establishment is aware of the situation. Inspector Tantinarawat stated the ticket was for $400 dollars. He explained that the first violation is typically $50 dollars, repeat violations goes to $100 dollars and the third violation cannot exceed $500 dollars, according to the Massachusetts Code. Ian Murray made a motion to uphold the ticket. Dr. Bogdasarian 2nd the motion. Motion carried. Ian Murray asked if there was a way the Board could send the establishment a letter in order to remind them to pay the ticket, and Director Curry informed him that this is possible. Ian Murray made a motion to send the establishment an order to comply with this ticket. Dr. Bogdasarian 2nd the motion. All were in favor, motion carried. Meeting Minutes: Dr. Bogdasarian made a motion to approve the meeting minutes from February 15th, 2024. Ian Murray 2nd the motion. All were in favor, motion carried. Announcements: Director Curry stated that on Saturday, April 27th, from 10:00 a.m. to 12:00 p.m., at 700 Main Street, next to City Hall, the Department of Health will have their National Prescription Drug Takeback Day. Dr. Curry encouraged residents to check their medication cabinets for any unused and unwanted medications. The City would ensure proper disposal of them. Director Curry stated the Health Department is sponsoring a Blood drive in partnership with Mass General Hospital. This event will take place on Wednesday, March 20th, 2024. The Bloodmobile will be parked outside the Legislative Building from 9:30 a.m. to 3:00 p.m. and parking will be available behind the building. Appointments are required and they can be made through the Board of Health website. If there are any questions, contact the Health Department and they could help regarding any issues and help with registration. Dr. Bogdasarian asked where the drugs are disposed. Dr. Curry responds they are taken into Police custody, which he believes they are then brought to a site and incinerated. Ian Murray made motion to adjourn meeting. Motion was 2nd by Mrs. Tousignant. All were in favor, motion carried. Meeting Adjourned at 6.30pm.