Board of Health

FITCHBURG CITY CLERK Aug 12 2024 8:36 am 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, April 25, 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. Jack Maloney, Joe Michaud, Mark McNamara, Umar Mughal Public Forum: There was no speaker in the public forum. 139 McIntyre Rd-Title 5-Local Upgrade Approval (LUA) Jack Maloney stated that 139 McIntyre Road, is a fairly new septic system that has failed. The system that is in there currently is called the Cultec Chamber System. Mr. Maloney is proposing to remove the Cultec chamber system and replace them with a Presby system. He is asking for a two-foot groundwater reduction. Mr. Maloney states that the existing well for the property is located in the back. The septic system is proposed to be out in the front, in the same places as the existing one, and there are no other wells within a hundred feet of the proposed septic system. Mr. Maloney stated that the system is just over three years old. At the time, they were instructed by the developer to use those, even when advised of the chance of premature failure, being what is happening now. Mr. Maloney further explained that the sand area within that chamber has been sealed up with bio- mat, so it's not percolating the way it should be. Mr. Maloney further explained to Dr. Bogdasarian that bio-mat is referring to a black sludge material produced by the microbes within the effluent. If it accumulates too much, it'll clog up the sand area around these chambers, leading to system failure. Mr. Maloney further explained that the new system they are proposing will be within the same area as the old one and he explained where it would be located on the property. Dr. Bogdasarian asked if there should be any follow up conditions implemented with this system. Mr. Maloney stated that there should not be any additional follow-up, as long as the homeowner is maintaining the septic tank and following a maintenance plan of pump out every two to three years. 1 Dr. Bogdasarian made a motion to approve the request to reduce the groundwater separation at 139 McIntyre Road as proposed. The motion was seconded by Ian Murray. All were in favor, and the motion carried. Greif Paper-100 Newark Way-Odor complaints Dr. Bogdasarian stated that this is a follow-up from the last meeting regarding odor complaints. It was mentioned that residents had been bothered by intermittent odors, sometimes becoming intolerable. There was speculation that these odors might be linked to the paper-making process at Greif. It was decided to invite representatives from Greif to provide insight into the odor sources, prevention measures, and potential solutions to address the issue for affected residents. Mr. Joe Michaud is present and he is a Manufacturing Leader for Greif and responsible for the Fitchburg Mill. Mr. Michaud explained their highest priority is the health and safety of our colleagues, the community and the neighbors. They hoped to have a fully formed plan for addressing the problem, but he explains it has been difficult with engineering contractors being the nature of the problem. Mr. Michaud stated that they have a detailed design work plan which they are confident to show. Mr. Michaud explained that with the plan they changed their water treatment system in 2021 to improve solid reduction to the city's wastewater treatment works, and in the process they hoped to reduce odors through an enhanced aerated system. However, the new system had the opposite effect, worsening water quality from a solid standpoint and raising questions about proper operation. To address this issue, the engineering team responsible for the system was consulted to optimize its performance. This involved testing new water additives to mitigate odor generation but this was only partially successful. Subsequently, a second engineering firm was enlisted to explore alternative options, ultimately recommending a return to the original water treatment system consisting of two batch reactors, which treat all water both entering and exiting the mill. Mr. Michaud stated this decision has already been set in motion, with funds allocated for equipment procurement and notification provided to relevant authorities, including the Wastewater Commissioner and the Board of Health, who have expressed support. The transition back to the batch reactor system is anticipated to take approximately four months for equipment acquisition and an additional two months for installation, after which both systems will be operational. Mrs. Tousignant asked for further clarification on the timeline of the events mentioned. Mr. Michaud explained that in late 2022 they changed the system which caused a change in the odors produced, and the system didn’t work well. Mr. Michaud then stated that he spent the next three to four months working alongside the Wastewater Treatment experts which included chemical suppliers to address a way to treat the system such that it would perform better. Mr. Michaud further explains that in mid-2023 they brought in an engineer who helped design the plan and they proposed six options suggesting which was the best one. Consequently, they started engineering that plan through the end of 2023. Furthermore, parallel to that plan, they brought a second opinion, being a different company of engineers. The second group of engineers stated that the options made by the first team were not going to work and then they offered a different option which has carried this issue into 2024. 2 Mr. Michaud stated that they then realized that none of the options were going to change the odor issue, bringing them to propose moving back to the original system but adding some improvements such as the decanters. Mr. Michaud explains they are different aeration systems with different size bubbles which they are going to rehabilitate. They would be sequencing batch reactors with the best technology from the original equipment manufacturer and that would take around four months to get the equipment and two months to get it working and install it. Mr. Michaud explains they have already ordered some of the components and they are looking for some of the other components. Dr. Bogdasarian asked to clarify if the odor was indeed coming from the Greif Company. Mr. Michaud explains that there are multiple sources of odor in the area and they don’t deny that the company is producing odor but there are other sources as well which makes it difficult to triangulate where is it comes from. Mr. Michaud explains that he understands it is just them who contribute to the open chamber system which is in the city’s holding tanks at the West Wastewater Treatment Plant. Mr. Michaud explained because of the wind direction, other odors could be coming into the town from other sources like the landfill, for example. Mr. Michaud stated that while waiting for the other components to come, the company is evaluating different chemistries to try to abate the possible generation of odor. As well as working with the city to see if they can improve the level of control of that so that it doesn't sit in holding tanks at the West Wastewater Treatment Plant. Mr. Michaud also explains that the company is part of a highly regulated industry and they had a multimedia inspection by the DEP in 2022, with no deficiencies. Dr. Bogdasarian stated that one of the problems is that there is an inconsistency in knowing whether the odor is coming from Greif or if there are other sources. Mrs. Tousignant asked for clarification on the holding tanks to which Mr. Michaud explained that the tanks are the property of the city, but they are the only ones used and because they are not being pumped out the waste is going septic. They would need to pump the waste to the East Plant to get treated. Dr. Bogdasarian asked Mr. Michaud to explain how the company produces cardboard. Mr. Michaud explained the process. Mr. Michaud explains that the water left from the solids would go into the city treatment works. Originally this went to the West Plant, but as it is no longer operating it goes to the holding tanks for some time before going to the city's main treatment plant. They were hoping to bypass the tanks for the water to go directly to the East Plant but after talking with the Wastewater Treatment Commissioner they concluded it was difficult due to the volumes. Given it needs to be on the tasks before going to the treatment facilities it would only need to be pumped down periodically for it not to be a problem. Mrs. Tousignant asks what would be happening in the four months they are waiting for the equipment. Mr. Michaud explains that the first plan is to get the tanks pumped down at the city’s West Wastewater Plant. Mrs. Tousignant asked what the frequency is regarding pumping these tanks. 3 Mark McNamara, Deputy Commissioner for the City of Fitchburg Wastewater, stated that the Greif wastewater goes into the holding tanks, maintaining a level of about four feet, and they do get pumped out daily. There is standing water still in those tanks all the time which they can’t drain because of maintenance issues. They are looking for ways to bypass the plant and have the water go directly to the sewer line, studies are going on to achieve this. The problem, Mr. McNamara stated, is the capacity of the line which would need to be upgraded because they are almost maximized to capacity right now. They would need to upgrade the line from approximately the West Plant to Depot Road. Mr. McNamara explains it is pumped daily to the East Wastewater Treatment Plant, through the sewer system. Director Curry asked what the cost would be to tie the facility directly to the East Plant. Mr. McNamara explains that the studies alone are close to half a million dollars; to do the work it could be a million dollars or it could be more. This estimate is unknown until they look into the problem. The Wastewater Treatment Plant also has numerous projects going on that would need to be financed at the same time. Dr. Bogdasarian states that this would probably take six months by the time Greif gets the new equipment, gets it installed and working. Mr. Michaud explained the odor is going to be abated and is under control today, but the tanks at Wastewater Treatment Plant haven’t been pumped out for a long time. Mr. Michaud stated the company is willing to participate in costs to put in a better tank that’s conical with a pumping system. Director Curry explains he joined Mr. Michaud at the West Wastewater Treatment Plant and two overflow tanks had gone anaerobic. Dir. Curry also went to Mr. Goodwin's residence confirming the odor present was very similar to the one in the tanks, and this was also the case on Route 31. Mr. McNamara confirms to Dr. Bogdasarian that they will be addressing how the tank is pumped to make the odor tolerable until the company can make the changes needed in the next six months. Furthermore, Mr. Michaud stated they would also be making changes, increasing hydrogen peroxide, to make the situation better in the meantime. Mr. Goodwin, a resident of Mountain Laurel Lane, states from the town focus group, that a lady was commenting about a program through the DEP in which they could request air monitor sensors. Mr. Goodwin states he would like to request those sensors with the Board of Health’s approval. The reason is to be able to monitor it and see what the sensor could be signaling, Dr. Bogdasarian asked what difference that would make in terms of the approach and what would change the remedies to the plan discussed previously. Mr. Goodwin stated that it would be helpful for them to have some air quality sensors and agreed with Dr. Bogdasarian to provide the information to Director Curry on the DEP program. Mr. Goodwin expresses his disappointment that this problem has not been brought to the attention of the Board of Health previously in the past two years. Dr. Bogdasarian apologies for the lack of knowledge as it had not been brought to their attention previously and reassures them that they are making an effort now for this issue. Mr. Murray asked Mr. Goodwin if there were odor complaints that go back before 2021 to which Mr. Goodwin answered that the earliest record he had was from April of 2021. Mr. Michaud 4 clarified that before 2021 the system consisted of two sequential batch reactors which they are going to remodel to be a better unit. Director Curry asked for clarification as to when Greif obtained the property to which Mr. Michaud answered 2019. Director Curry explained there have been complaints from the area as early as early 2000, which may be a system problem. Mr. Michaud explains it may be a system problem, but the system is operating the way it's intended to be. Director Curry explains that back in 2018- 2019 there were still some complaints that were forwarded to the former manager of the company to which the majority of the time was because of aerators breaking down, which brings concerns that Greif would be going back to this system. Discussion took place as to a way to enclose the tanks. Mr. Michaud stated that there is a way to enclose the tanks, but it increases air pollution which is why Massachusetts doesn’t allow it. Mr. Murray asked what odor the community was smelling. Mr. Michaud stated the company has air monitors measuring hydrogen sulfide which is usually undetected, but it is most likely what the community is smelling. There could be additional chemicals producing more odor, but hydrogen sulfide is the most noticeable and the one that could be more produced in the company. Director Curry asked Mr. McNamara if there was anything the Board could do to assist the West Plant to prevent the odors. Mr. McNamara stated they are trying to remove the water in the tank that is septic and in the long run they are trying to eliminate the West Plant in totality. Director Curry asked Mr. Michaud if the company could provide a hotline to receive the community complaints. Mr. Michaud stated that they have no objection and they have started to reach out to the current contractor Waste Management utilizes but there’s a conflict of interest there, so they are looking for other firms. A member of the community asked Director Curry if the company could provide the funds to pay for the air sensor meters to monitor over the next months until the issue is addressed given the time they have been dealing with this problem. Mr. Michaud clarified to Dr. Bogdasarian that they do have monitors on their property. Members of the community stated that they want those monitors in the places where the people are experiencing the issue. Director Curry stated that he would be looking into the DEP grants and he stated that he agrees with the resident Greif should be providing some funds to help. Discussion took place on the concern of having something toxic that is affecting residents with respiratory diseases. Mr. Murry asked if the company would be willing to provide the results from their air quality monitors and discuss what the equipment is testing for. Mr. Murray stated it seems this would give a sense of what is coming out of the factory. Mr. Michaud stated the company could work on that issue with Director Curry. Residents clarified they would like firsthand results of what they are smelling in their residence after it has traveled through the air which may be different from what they are measuring in the company. Mr. Michaud stated that they could provide the Board with an air meter so the Board could place them where necessary. Director Curry again clarified they would also be looking and applying for the state grant. 5 Mrs. Tousignant asks if the people who work in the company wear ventilators or protective breathing equipment. Mr. Michaud states they do not, that the air testing measures have shown it is safe for human health. Lucy Hawkins, resident of Mt. Laurel Lane, stated they are concerned about all the chemicals used in the company. She stated that she was the resident who shared the information on the DEP grant and explained these monitors can detect various chemicals and that the City of Fitchburg could take advantage of this opportunity given they are free of cost. Mr. Ethan, a resident in the Oak Ridge Condo, asked if the air monitor equipment in the company is located adjacent to the air vent tanks to which Mr. Michaud affirmed. Furthermore, Mr. Ethan asked whether the water in the tanks is being pumped daily. Mr. McNamara stated that they are normally pumped out daily to maintain a level in the tank, but he would make sure to find out if there is anything wrong. Mr. Ethan asked what the composition of these tanks is made of and can they allow vegetative growth to occur in them. Mr. McNamara stated that they’re open and they are cement tanks. Mrs. Marian, a resident of Mount Laurel Lane, stated that the timeline is incorrect. She stated she has been living in the town since 2009 and the problem didn’t start right away but it kept building up. She stated that there should be records in the Board of Health or EPA since she contacted them before those four years period. Dr. Bogdasarian stated that the immediate approach would be to pump out the tanks at least once a day and perhaps increase that to prevent the water from sitting there and generating bacteria. Discussion took place regarding an appropriate time to follow up with the issue. Dr. Bogdasarian stated this would be revisited in two months after the installation of the air quality monitors in the community. Discussion - Properties containing rubbish, litter and garbage - Properties that appear to contain junk Dr. Bogdasarian stated that over the past weeks, there have been multiple photographs appearing on Facebook of yards piled with rubbish, litter, and garbage. Dr. Bogdasarian stated that there have been complaints to the Board of Health about this. Director Curry stated that there are three and ½ FTE Inspectors in the office. Currently two are out of the office for medical issues, but all are responsible for a portion of the city. They're responsible for being out there and looking for issues such as this one. Director Curry explains this is a very common problem around this time as the winter passes and the snow melts it exposes lots of litter and trash. Most of the properties observed in pictures are from non-responsive owners, if the owner fails within a timeframe to take care of the issue, the department hires someone as long as the contractor is cooperative to go onto the property and clean it and the costs incurred, can become a lien against the property by recording at the Registry of Deeds. The inspectors also chase folks legally through Housing Court. The department works with Donna Pawlak, who is the Assistant City Solicitor. They also file cases in court and consider tickets for those types of violations, and 6 failure to maintain their property. Director Curry explains the tickets are very tough method of enforcement at the moment because they’re enforced by the Housing Court which takes some time and owners have 21 days to pay or appeal the ticket. However, the City Council recently adopted MGL 40U and the city will be hiring a Hearing Officer which would make the ticketing process less time to process whereby the department can issue a ticket and get the issue or the appeal in front of the Hearing Officer. Dr. Bogdasarian asked what type of ticketing the property owner would be receiving to which Director Curry stated that it is dependent on the violation, but according to the Massachusetts State Sanitary Code the fine could go up to $500 with each day being a separate offense if the issue persists. The department also can utilize Chapter 138 of the City Ordinance which establishes the fine for those properties that are unkempt. Director Curry explains the process with the new hearing officer would help with the unkempt property issue and especially with the issues of the storage of barrels at the curb and the properties that leave the barrels at the curb and fill them at the curb. He stated that on windy days the barrels would empty themselves and spread around the neighborhood and cause litter issues. Director Curry stated that there are multi-families and a few single-family properties that are not maintained, and they require an order to be issued by an Inspector to clean the property or comply with regulations. Enforcement of these issues can be slow at times because it could take a few weeks to a month to get the matter in Housing Court. Director Curry stated that with the new 40 U, the process of hiring a new hearing officer would speed up the enforcement of those types of violations. Director Curry stated the Health Department and other city officials will be communicating with the City of Revere on how they process their violations and their hearing officer and will hopefully come back with ideas of a program that will help expedite those properties causing the issues. Mrs. Tousignant asked what the approach to handling things like mattresses and furniture to which Director Curry explained the department would first approach the property owner and if the items are located on the property the property owner is responsible for maintaining property free from trash and debris. Furthermore, Director Curry explained that the department also has cameras they have installed on some of the hotspots, and they are used to identify the license plate and do the appropriate enforcement. Director Curry explains the department has a bulk item program in which bulk items, like furniture, can be collected at curbside for a fee of $20. If residents can get the furniture to the landfill, it is free to discard with a permit which can be applied for and printed online. Director Curry stated that with mattresses there is a different process for disposal since they have been banned from landfills by the Department of Environmental Protection. There is a program at the landfill in which people can dispose of a mattress for a fee of $35 dollars. There is also a facility in Fitchburg, Tough Stuff Recycling in which they accept mattresses for a fee of $25 dollars. This company would also make arrangements to collect these items from homes for additional fees. 7 This company works closely with the Health Department to help the legal disposal of mattresses and box springs, which can often found on properties as of late. Dr. Bogdasarian made a motion to publicize the names of repeat offenders and discuss them at these meetings in the future. Ian Murray seconded the motion. All were in favor, motion carried. Express Fuel-267 Mechanic Street-Cigar Sales Regulated (Section F (2) - Restricting the Sale of Tobacco Products-2nd violation Director Curry explains the petitioner was issued a $300 dollar fine, which was paid, however, this was for the sale of a cigar for less than 5 dollars which is a violation of the Board of Health Regulation. Furthermore, the petitioner also has a second violation. Umar Mughal stated he is the owner of three sites in town, Express Fuel One of the sites, the one located on Mechanic Street, has been operating since 2014. Mr. Mughal stated he is aware of the price point regulation. The first violation was regarding clarification to which he was not aware. During the process, Tobacco Control told him that when selling two packs the law stated that two or more items were 5 dollars plus tax. Given his understanding and because of the competition in the market, the store decided to package together and staple two individual packages and sell them together being one. Being that he considered the package as one he didn’t think they were breaking the law as it was just one package which led to the first violation in which the Tobacco Control officers explained the packages couldn’t be stapled. This violation was committed within the last six months. Mr. Mughal stated that the second violation occurred within the last two months. Which was related to the same issue. Mr. Mughal explains it was one item that by mistake wasn’t separated like the others and ended up being checked. Being a mistake that he made, he agreed to pay the fine. Mr. Mughal requested the consideration of not suspending his license for seven days given he understands his mistake and has been in compliance with the city since 2014. Dr. Bogdasarian made a motion to not enforce the suspension. The motion was seconded by Ian Murray. All in favor, the motion carried. Meeting Minutes: Mrs. Ian Murray made a motion to approve the meeting minutes from March 14th, 2024. Dr. Bogdasarian 2nd the motion. All were in favor, motion carried. Announcements: Director Curry stated that on April 27th, 2024, from 10:00 am to 12:00 pm, outside of the Legislative building, the department would be accepting unused and unwanted medication for them to be properly disposed of. 8 Additionally, Director Curry stated that also on Saturday, April 27th, 2024, there will be a second city cleanup. All volunteers are meeting at Daniels Street Park. Volunteers are going to be assigned a bag, a picker if available, and some plastic gloves. Volunteers are encouraged to bring their own gloves as well. Additionally, Director Curry stated they are not accepting home cleanouts as they are limited to only three 30-yard roll offs which are to be filled with street litter. Director Curry stated to keep in mind these events are not a hazardous waste drop off site either. City Cleanups are also happening on May 4th at 44 Wanoosnoc Road and May 11th at Stanley Park on Westminster Street. The cleanups are meant to address mainly public litter, no home garbage. The main purpose is to collect street litter, people will be assigned to distinct sections. Tires will be collected, where Mosquito Control will accept them free provided they are off the rim. There will be a mattress dumpster and require a fee for disposal. Mattresses and TV’s are accepted from individuals at a cost of $20 for the mattress and $10 for the TV. These items can also be disposed of anytime the landfill is open, but do come with disposal fees. Dr. Bogdasarian shared that the City of Fitchburg received a Proclamation from Mayor Samantha Squailia on April 1st, 2024 during the National Public Health Week. In this Proclamation, they recognized the work of the Fitchburg Board of Health to which the Board appreciated the Mayor and the city for recognizing them. Dr. Bogdasarian also expressed his recognition to the other Board Members who assisted without compensation for devoting their time to the well-being of the health of Fitchburg. Mrs. Diane Tousignant made a motion to adjourn the meeting. Motion was 2nd by Ian Murray. All were in favor, motion carried. Meeting Adjourned at 6:15pm. 9