Now that the heat is apparently off south-coast homeowners to budget for a state-legislated upgrade to their Title 5 septic systems to costly denitrification technology, Marion Board of Health founding member Albin Johnson wants to take it a step further and find out if the board can repeal the recently approved town bylaw requiring that Marion property owners performing any new construction upgrade their septic systems to include denitrification technology.
Having been approached by some constituents regarding alternative septic systems in Marion, Johnson indicated that the state’s effort to leverage upgrades to denitrification technology will not succeed on the mainland side of the Cape Cod Canal. He said the new technology being pushed by state government through incentive programs is time consuming and not cost effective.
“Be that as it may, it appears that … at the state level, the (Massachusetts Department of Environmental Protection) was unable to convince enough state legislatures that the program that they put the cape on is sufficient for this area of Buzzards Bay,” said Johnson during the December 7 public meeting of the Marion Board of Health. “So we were left off the mandate that we have everybody upgrade immediately. We’ve been left dangling out there with the Marion Sanitary Code, and where it is just the Marion Sanitary Code, I’d like to look into the ability of the Board of Health to go back to our relying on Title 5 for the septic systems of the town before we get too many of these sewer-treatment plants in private houses. Because that’s basically what they are, sewer-treatment plants.”
Johnson has always been skeptical of the associated studies, especially in Marion.
“I question some of the studies that have been done, not so much down cape, but we are a completely different geological area, and we couldn’t find any nitrogen leaking from the town (Wastewater Treatment Plant lagoon) up there on Benson Brook Road, and yet they continue to insist that that was where most of the nitrogen was coming from. And it cost us $13,000,000 (for the sludge cleanup.) So I’d like to save some of the residents of the town who might not be as close to the harbor,” he said. “I question the … efficacy of putting these (denitrification septic) systems up in the north end of Marion.”
During her tenure on the Board of Health, scientist Dot Brown authored and gotten passed a Marion bylaw requiring any new construction in town needing septic to include an upgrade to denitrification technology. Cost estimates for such installations in single-family homes have ranged from $20,000 up beyond $30,000. In order to operate efficiently, the systems also call for consistent maintenance and management by the homeowner.
“Well I think it is reasonable to try to find out what the evidence base is, and it’s always nice to know if you have facts as opposed to opinions,” said Dr. Ed Hoffer, the current chairman of the board. “I would suggest that maybe both you and I can do a little interrogation of those that are pushing it and see if we can find facts.”
“That would be fine with me,” said Johnson, who questioned MassDEP as to why Marion was not notified and informed of a November 28 meeting the state agency held with the Town of Wareham, with which Marion shares the Weweantic River.
The IA database annual user fee will increase from $50 to $60.
Hoffer suggested the matter go on the first agenda of the 2024 season; in the meantime, he and Johnson will conduct a fact-finding mission as a prelude to any decision regarding how to henceforth regard the denitrification bylaw.
In her Public Health Director/Nurse Update, Lori Desmarais reported that Marion has administered 533 flu vaccines and 105 COVID-19 vaccines in 2023 and has only five Covid vaccines left. “We still have flu vaccines if people need them,” said Desmarais.
Marion’s association with Dementia Friendly Massachusetts led to an informational meeting on December 6, and the town is now working on a pamphlet with information for citizens.
In a review of correspondence, Hoffer said the Health Department’s FY25 budget only reflects cost-of-living increases.
The board discussed a letter sent to the owner at 15 West Avenue, denying permission of an application and a memo copying the decision to Building Commissioner Bob Grillo. The address “is not a single-family dwelling but a rental property at this point,” according to Hoffer, who anticipates the matter falling into the purview of the Zoning Board of Appeals. Desmarais also suggested sending the decision to the Planning Board.
Health Agent Shallyn Rodriguez reported that 38 Rockey Knook Lane now has a new Title 5 septic system.
In discussing the Massachusetts Transient Noncommunity Drinking Water Systems – 310 CMR 22.00, it was noted that the Ansel Gurney House, 403 County Road, has been serving water from a well under the purview of MassDEP. Hoffer said that tying into Wareham water was found to be “ridiculously expensive” for another Marion-based interest. Desmarais researched other towns for protocols and found that extensive testing is being done, especially in wells that are not managed by MassDEP.
The board has decided to return its public meetings to the Marion Town House, necessitating a change in meeting time from 4:00 pm to 4:30 pm. Given the holidays and scheduled vacations, the board agreed to meet on December 28 and hold its first meeting of 2024 on January 18.
The next meeting of the Marion Board of Health is scheduled for Thursday, December 28, at 4:30 pm at the Town House.
Marion Board of Health
By Mick Colageo