Robbins Report

Bookstore Restaurant Plan Denied by DEP

Contamination to Continue
Bookstore Restaurant Plan Denied by DEP

Story and Photographs by Peter Robbins

For almost twenty years the Bookstore was on record that its seating capacity exceeded the septic requirements.Just when you thought it couldn't get any worse, it did.  Since December 11, 1989, the Bookstore was on record that its seating capacity exceeded the septic requirements as outlined in a file obtained from the Wellfleet Health Department.

No enforcement under that regime has led us to where we are today.  A failed system that for all intents and purposes should be operating as a tight system, which it kind of is.  The leaching system has failed and continues to do so, and it is monitored by East Cape Engineering and pumped as needed (weekly). But remember, a failed leaching system means the waste backs up and has to go somewhere.

Finally, during the period this writer researched the story, there was hope of a resolution in the best interest of the fragile marsh as well as the people possibly affected by the failing system. The problem was re-identified, a solution was designed, approved by the town and sent off to the DEP for review.   A surprise arrived at the Wellfleet Board of Health today.

A letter dated June 13th, 2008 from the Department of Environmental Protection (DEP), to the Wellfleet Board of Health and Carol Parlante contains an opinion of the design and the goings on in town.  In part it reads,

...".the letter constitutes a denial in that the applicant has not demonstrated that approval of the proposed variance(s) will provide the same degree of environmental protection as required under title 5."

The notice went on to say, "the proposed soil absorption system is located in Zone I of a public water supply well.  Mass DEP will not approve the requested variance for reduced setback to the water supply well until the applicant has secured a decision from the Town of Wellfleet as to whether the Town will allow the facility to connect to the municipal water system which runs in front of the property."

"Mass DEP believes that the public health is better protected with the restaurant connected to the municipal water supply system rather allowing continued effluent into the Zone I of the existing on-site public water supply well." Come on now, you don't have to be a rocket scientist to figure out what that means.

The letter continues, "The current plan proposes an increase in flow from the original approved flow of 3,325 gallons per day (gpd) to 3,380 gpd. The design flow from the original facility cannot exceed 3,325 gpd. Mass DEP records show the existence of another water supply well on-site. The plans must show the location of the well and provide information of its current status."

Now that is an entirely new can of worms--open and deserving of a follow-up story.  It's been written and there are good reasons why it will be posted at a more appropriate time.

Further, "The Septi-Tech unit will have to operate under Mass DEP's Provisional Use Approval and not the General Use Approval as stated on the plans. The existing grease trap should be relocated to maximize separation from the public water supply... The applicant is also advised that if she elects to proceed on the record as it now stands, this letter constitutes a denial of the variance."

According to the DEP," the applicant has 60 days from the date of this letter to address the listed deficiencies. Within that 60 day time frame, the applicant is advised to allow for appropriate Board of Health action on the revised submittal since the DEP's action may be its final action, and, therefore, any further filing in this matter would be considered a NEW application."

More importantly it puts the well supplying the restaurant 30' from the grease trap and 52' from the failing septic system tank.When looking at the present system of record there are two wells indicated. Personally, I think at the time that was to indicate the general area of the well location. Using a scale of 1" = 20', that puts the Bookstore's well of record within 5' to 20' of the street. More importantly, it puts the well supplying the restaurant 30' from the grease trap and 52' from the failing septic system tank.  I'm merely reporting what was brought to my attention as a result of the DEP denial letter.  Both the letter and the copy of the plan I measured from are public information.

Are you concerned?  Check it out for yourself.  As the leaching field and system have failed, it might not be a bad idea for the Town of Wellfleet to order a tight tank system immediately to avoid additional contamination of this fragile area, as well as a potentially dangerous water situation that may have long reaching tentacles in any possible civil action.

There is one more thing to consider.  Once upon a time I contacted people who informed me there would not be sufficient volume for the Bookstore to tie into.  Obviously the town needs a water tower (can't wait for that NIMBY story) but now the decision rests on the Wellfleet Water Commissioners. They have been supplied with the flow and usage numbers by the experts, and now comes the politics.  If the Water Commissioners bump the Bookstore to the top of the list, what happens to the seventeen other locations ahead of them that have been waiting since 2004 to be tied into the same supply?