THE STERLING MUNICIPAL LIGHT DEPARTMENT DISTRIBUTED THE LYING BOARD OF HEALTH’S “DEEP OBSERVATION HOLE” TESTING REQUIREMENT PROPAGANDA IN THE SMLD’S LATEST MAILING. FORMER BOH MEMBER GARY MENIN RESPONDS IN HIS OPEN LETTER, BELOW

The Sterling Municipal Light Department did Sterling Board of Health dirty work by distributing the BOH’s false “deep observation hole” testing propaganda in the SMLD’s latest town-wide mailing. Former BOH member Gary Menin, fully licensed in Title V septic matters, responded in his open letter re-printed hereinbelow—

AN OPEN LETTER TO THE STERLING MUNICIPAL LIGHT DEPARTMENT

July 25, 2023

I was disappointed to find an insert in my monthly electric bill that: (1) Has nothing to do with the business of the SMLD and (2) Ironically further promulgates the misinformation (precipitated/promulgated by the BOH itself) surrounding the Sterling Board Of Health’s December 8, 2022 decision to require a Deep Observation Hole (DOH) based Soil Evaluation for all homes sales since that date.

FACT – This is the specific decision of concern:

FACT – The DOH is codified terminology of the Title 5 statute:

“Deep observation holes shall be excavated in two adjoining segments, the first ending at approximately the five-foot level to allow detailed examination by the Soil Evaluator without need for shoring, and an adjoining segment which shall extend to a minimum depth of four feet below the bottom elevation of the proposed soil absorption system but in no case less than ten feet below existing/natural grade …”

FACT – In order to perform a code compliant soil evaluation via the DOH process, excavation in accordance with the governing statute (310 CMR 15.000 per above quote) must be accomplished.   In this regard Title 5’s Form 11 (all five pages thereof) is the statutory working document that covers details the necessary observations of the DOH.  As per a preeminent MA-DEP Soil Evaluation instructor:

“(Soil Evaluators) need to completely fill out the form 11 sections A-E.”

FACT – When I forwarded all accepted/filed (though incomplete) Soil Evaluations that were available from January through June for pre-1996 home sales to the MA-DEP this was that MA-DEP Soil Evaluation instructor’s response:

  “ That (a completed Form 11) is what is required in Title 5 so they need to submit them.  I would ask for completed Form 11’s for all of these..“

Thus all those filed aforementioned “Soil Evaluations” are invalid.

FACT – With this SMLD insert the BOH is now apparently defining their own DOH.  If so they should once again revise their requirements since the previously depicted 120822 revision excerpt still stands.  

FACT – The aforementioned discussion of the specifics of what a DOH is and when it’s required notwithstanding – all that should be irrelevant – as the DOH is DEP statutorily intended ONLY for new construction. Further, for existing homes (as noted above) there are numerous other less invasive ways to determine the Seasonal High Ground Water level – and towards that end the MA-DEP indicates that the LEAST INVASIVE method should be chosen.  The DOH is the MOST invasive !  Those other methods have worked fine for decades in Sterling and in all other of the 350 Massachusetts Cities and Towns as I have not found one that requires a DOH for existing homes as a matter of course.*  Why should Sterling be singled out ?  There’s simply no data showing pre-’96 constructed homes are contaminating groundwater in Sterling as the linked letter alleges. 

*FACT –  Such onerous changes to bylaws/requirements affecting tenets that would normally be grandfathered should be offered greater public scrutiny than being  surreptitiously rushed through in an early December meeting that saw no citizen attendance and only two Board members present.  *RE:  The other 350 cities and Towns – Because of the preponderance of estuaries and embayments on Cape Cod and apparent water quality degradation thereon – Title 5 requirements for Cape Cod have been revised.  However these location specific revisions only took place after an extensive comment period for public input unlike in Sterling.

FACT – None of the Board members are either Title 5 Inspection or Soil Evaluator certified. 

FACT – A petition is currently being circulated and will continue (through the summer) towards the holding of a Special Town Meeting this fall to request that the Board rescind their ill-advised decision. To date nearly 500 signatures have been collected.  

In fairness to these many tax paying citizens and certainly SMLD customers and to the debate at hand – and to STOP the misinformation once and for all – it would appropriate for the SMLD to include in their next billing – this letter as a public service.

Regards,

Gary Menin, Sr.

MA-DEP T5 Soil Evaluator and System Inspector

MANY THANKS TO TRUTH-TELLER GARY!

J.G.