April 28,2004

The Provincetown Board of Health will hold an emergency public hearing on Wednesday April 28,2004, at 2:00 p.m. in the Caucus HaU at the Town Hall, 260 Commercial Street

AGENDA

179 Commercial Street - Szucbuan Restaurant

Emergency Closure for failure to pump external grease trap as ordered by the Board of Health. The Board of Health, at its April 22, 2004 meeting, ordered Mr. Tran to have his grease trap pumped by 5:00 pm on Monday April 26,2004.

Mark Baker, Chair

Posted by the Town Clerk, DJ, Date of posting:

Board of Health Wednesday, April 28, 2004

Caucus Hall, Town Hall, Provincetown

Present: Mark Baker, Chair (absent) Cynthia Gast

Duane Gregory, Vice Chair David McLean Ken Jansen Dan Brown, alternate (absent)

Jane Evans Raasch, Health Agent Patricia Pajaron, Health Inspector

Convene: Adjourn:

179 Commercial Street - Szechuan Restaurant Show Cause Hearing

Jane Raasch and Wayne Perry explained there were complaints of odor from the area. Upon investigation they showed the odor was coming from a buffer tank of Bayside Betsy's and Szechuan Restaurants. Samples from the pipes and photos were taken, both showing black mucky buildup on one and clean pipes in the other. This has the potential to cause big problems in the sewer system for everyone down flow of this tank. Jane Raasch felt Mr. Tran did not feel the need to do the required pumping and monitoring which is in the State Regulations and applied to everyone. Mr Tran is also required to have documentation of weekly or biweekly checks on his grease trap, which he does not have.

Duane Gregory asked if monitors were the financial responsibility of the town or property owner. Mr. Perry answered it is mandatory installation, billed to the owner,

Mr. Tran, property owner explained that the time of sampling his tank was questionable. After construction on his property he went on vacation in the winter and reopened less than 30 days before he was forced to pump his grease trap. The street sewer is connected to the outside grease trap, and a grease trap under his sinks does 95% of the job. He did not believe that the exterior grease trap also needed cleaning, since the internal one was so efficient.

Jane Raasch responded that the complaints were received recently and that's why action was taken. Also it is the plumbing code that requires the internal grease trap and that the state sewer regulations also require an external grease trap.

State and local regulations were discussed between the board and property owner. Clarifications were made about the samples and photos taken at the property, and how the buffer tank shared by Bayside Betsy's related. After discussion Jane Raasch, Mr. Perry and Mr. Tran had agreed to each do their part to remedy the problem.

Motion made by Duane Gregory regarding 179 Commercial Street unit 1, Szechuan Restaurant. By Monday April 26, 2004 at 5pm the grease trap be pumped by the owner and a record given to the Health Agent, in conjunction with the Town of Provincetown cleaning the buffer tank with Clorox with the intent this will make a clear slate to asses this grease problem. Further, on a weekly basis as needed the sewer department will monitor grease levels and Mr. Tran will monitor the grease trap biweekly with a written record, as required by the town. The owner must comply with all water and sewer regulations on grease traps, pumping every 3 months or when it reaches 25% capacity, whichever is first. Failure to comply with these conditions may lead to the Board of Health acting to revoke the Food Service Permit. Cynthia Gast seconded the motion and it passed 5/0/0.