The wastewater disposal systems at 248 – 270 Great Road, known as Gould’s Plaza, have been on the Acton Board of Health’s radar for many months now. As previously reported, the shopping plaza is located within Zone 1 and Zone 2 groundwater protection zones. The site is served by seven separate subsurface sewage disposal systems (SSDS), one of which is in failure.
At their April 14 meeting, the Board voted to issue a notice of noncompliance and call for a show cause hearing to address why a total facility system upgrade should not be required.
The Board’s position is that, to be in compliance with regulations safeguarding a public water supply, the facility needs an overall upgrade. This would mean adding nitrogen removal technology (i.e., recirculating sand filters) to all seven SSDS or installing a centralized wastewater treatment plant.
At the Board’s most recent meeting on May 26, Board Chair Mark Conoby said that, according to the Massachusetts Department of Environmental Protection, “If one system fails, the whole facility fails. The Board can order a recirculating sand filter for a system discharging more than 2,000 gallons [per day] in a nitrogen-sensitive area.”
Brian Lafferty and attorney Matthew Whatley, representing East Acton Plaza, LLC, which owns the site, argued against the need for a total facility upgrade, instead suggesting that regulations (Title 5 [310 CMR 15.000]) and the volume of wastewater flowing from the facility require only repairing the components that are in failure.
“There is nothing wrong with the existing septic systems that can’t be repaired,” said Whatley. He further indicated that to upgrade the entire facility’s systems would cost more than $1 million and would disrupt the businesses at the site, putting the owner in danger of damaging his tenants monetarily.
Kelly Durfee Cardoza of Avalon Consulting, spoke on behalf of East Acton Plaza, LLC. Citing communication with Massachusetts DEP, she agreed with Whatley’s position.
The Board had previously approved use of an Innovative/Alternative (IA) system (which uses newer technology) as a replacement for the SSDS in failure. Cardoza said the IA system had been ordered, with delivery expected in mid-June and installation within a month after that.
Board member Bill McInnis suggested installing groundwater monitoring wells. “If all is fine and you’re making the repairs, maybe we’re on a good path,” he said. “I understand the costs, but my goal has always been that the health of the citizens of Acton is protected as the law requires.”
Whatley requested, and the Board granted, that the hearing be continued to the next Board meeting to allow time for Whatley, Lafferty and the owner of the property to discuss installing monitoring wells.
Repairs in process
Also at the May 26 meeting, the Board members and East Acton Plaza, LLC, representatives addressed two other areas of noncompliance at the site:
Last year the Board ordered the owner to install industrial holding tanks (“tight tanks”) to accept wastewater flowing from two hair salons at the complex. Although tanks were installed last December, the salons remained unconnected to them as of the Board’s April 14 meeting. At that time, the Board voted to issue an order requiring connection to be completed within 10 days.Cardoza confirmed that the tanks had been installed and inspected. She said that once the compliance certificate was received from Massachusetts DEP, a copy would be submitted to the Board.
The Board had previously reviewed evidence of failed distribution boxes,which divide and direct wastewater. Cardoza said that three distribution boxes in need of repair would be replaced within days.
Other news
Health and Family Services Director Penny Funaiole reported that both the director and the assistant director of Acton’s Council on Aging are retiring; her department is actively recruiting and interviewing for those critical roles.
Funaiole recently completed a 12-week course about hoarding that provided tools and addressed ways to support individuals dealing with hoarding. Board Chair Conoby asked about the scope of the issue in town, and Funaiole said the department is working on establishing data to be collected to better answer the question.
Board member Bill McInnis asked Funaiole about mental health in the community and how the Health Department coordinates with the Police. “We are working across departments…to build a coordinated system together,” Funaiole said. She noted that existing models for addressing mental health needs have shown good results in other communities in the Commonwealth.
Funaiole told the Board that Health and Family Services, the Acton Fire Department and the Acton Sustainability Office are sponsoring an Emergency Preparedness Fair to be held at NARA Park from 5 pm to 7 pm on Tuesday, June 16.
The next BOH meeting is scheduled for June 9 at 7:30 pm.
Patricia McTiernan is one of the Acton Exchange’s beat reporters for the Board of Health and Health Department. She previously worked as a communications professional in the non-profit healthcare sector.
