Key Municipal Initiatives, Infrastructure Updates, and Administrative OversightFebruary 10, 2026 at 7:51 AMOlder meeting →
Hardwick Select Board: Boiler Crisis, Grants, and RecordsJanuary 29, 2026 at 7:49 AM
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Aquifer Protection, Landfill Contamination, and Public Health Initiatives
Original title: 02/05/2026 Hardwick, MA. Board of Health Meeting
Summary
The Hardwick Board of Health convened on February 5, 2026, addressing critical public health and environmental concerns. Key discussions included the development of Nicotine Free Generation (NFG) regulations, with a public hearing suspended to allow for an updated draft incorporating NFG language and aligning local fines with state standards. A significant portion of the meeting focused on confirmed groundwater contamination at the Hardwick Landfill, specifically with PFOA/PFAS and 1,4-dioxane, impacting the Muddy Brook Aquifer. The Board decided to hire a Licensed Site Professional (LSP) for data interpretation, is actively pursuing legal counsel, engaging the DEP, and drafting comprehensive aquifer protection regulations. Other agenda items covered Lower Road Landfill monitoring, rural health initiatives, and administrative reports, all aimed at safeguarding community health and resources.
Discussion Highlights
- A new draft of the Nicotine Free Generation (NFG) regulation was requested to include NFG language and consider a 24-month review period.
- The hearing for the NFG regulation will be continued to next month to allow for an updated draft, including both redline and clean versions.
- Significant amounts of vape and cigarette litter were noted in public spaces, highlighting their environmental impact.
- Concerns were raised about nicotine's impact on individuals, particularly those with mental illness or on medication, citing strong scientific and medical reasons for protecting vulnerable populations.
- Discussion occurred on setting a specific 'born on or after' date for the NFG, such as January 1, 2005.
- Consideration was given to aligning local fines for selling to minors with state fines ($1,000 for first offense, $2,000 for second, $5,000 for third with suspensions), with legal consultation recommended.
- The importance of local regulations was emphasized, as they encourage neighboring communities to adopt similar policies, contributing to better regional health.
- Licensed Site Professional (LSP) Scott Parker was introduced to provide expertise on the Hardwick Landfill issues.
- Concerns regarding the Muddy Brook Aquifer were raised by the Ware Board of Health and Hardwick residents (Hardwick Pond Area, HPPA).
- The September 2025 annual groundwater test well results confirmed multiple contaminated wells at the Hardwick Landfill, with chemicals like PFOA/PFAS and 1,4-dioxane exceeding drinking water standards.
- The landfill sits on a priority high-production aquifer, with water flowing southward towards Ware and Hardwick Pond wells.
- The situation involves both Solid Waste Regulations and Waste Site Cleanup Regulations, with the latter requiring LSP oversight.
- Concerns were raised about the DEP's inaction on contamination data, some dating back to 2009, and the lack of direction for further assessment.
- There are currently no down-gradient points of compliance for PFOA/PFAS, leaving the extent of contamination spread unknown.
- Data gaps and undersampling were noted, particularly around wetlands surrounding the landfill.
- Climate change, leading to more violent storms and increased water events, is expected to exacerbate risks from unlined portions of the landfill.
- A 30-year clock is ticking until the town takes over the landfill, creating urgency to resolve these issues.
- An LSP is required only if an issue triggers a 'waste site cleanup' designation.
- Evidence of downgradient contamination was noted, with upgradient test wells also showing contamination.
- The current landfill operator (Casella) monitors wells around the landfill perimeter but not outside this area.
- Monitoring costs for a similar site (Lower Road Landfill) are approximately $40,000-$50,000 annually, with PFAS testing adding $6,000.
- Concerns were raised about homeowner wells, particularly within a 500-foot radius, and the cost of private testing.
- Contamination includes not just PFAS but also dioxins, toluene, butane, lead, and heavy metals.
- Existing regulations are sufficient; the key is ensuring the DEP enforces them, as the landfill owner will not act unless compelled.
- PFAS compounds have a high affinity for water, dissolve readily, migrate with groundwater (estimated one foot per day), and do not break down easily.
- Stopping the PFAS plume is considered 'very difficult, if not impossible,' with cleanup regulations focusing on risk-based assessment and response actions.
- Treatment at the drinking water well (point-of-entry systems) is the likely response for affected properties, citing Westminster's example with 200 systems.
- Landfill expansion or converting it into a regional landfill for New England was considered 'not a good idea'.
- Current sampling maps are problematic because the plume exists under water where there are no wells, creating a 'huge hole in our knowledge'.
- The landfill owner (Tycon) is responsible for defining the problem in three dimensions.
- The Board of Health is empowered by Mass General Law 111, Sections 31, 122, and 123, to develop and adopt regulations for water supply protection.
- The Lower Road landfill's contamination level is significantly lower than Muddy Brook's.
- Post-9/11, Homeland Security is reportedly in charge of drinking water, leading to new requirements like fencing around water sources.
- The Board of Health rejected Casella's proposal regarding the landfill, which could require the DEP to conduct a 'big study'.
- The Town of Orange's experience of incurring $50,000 in legal fees after denying a special permit for a battery installation on Zone 2 of their public water supply was noted.
- Draft aquifer protection regulations have been developed, focusing on large-scale contamination threats such as landfills, transfer stations, battery energy storage systems (BESS), petroleum depots, and expanding junkyards.
- Agriculture is explicitly excluded from these aquifer protection regulations due to existing compliance with USDA farm plans and NRCS guidelines.
- The aquifer protection regulations are health regulations, distinct from but intended to complement planning board zoning, and were developed over six months with input from various stakeholders.
- The regulations were developed in conjunction with and modeled after the Town of Ware's bylaws for protecting the Muddy Brook Aquifer, as well as DPH model regulations.
- Concerns were raised about farmland being destroyed by biosolids fertilizer and the presence of PFAS in certain products and local produce.
- It was suggested that the Board of Health has a responsibility to educate the public about contaminants like PFAS.
- The Board of Health reviewed a draft of the Earth Removal/Importation Bylaw and found no specific public health impact, deeming it 'very reasonable' and 'prudent'.
- Three proposals were received for the continued monitoring of the Lower Road Landfill, with discussion on cost differences and procurement laws.
- The Health Agent reported on inspections (D-box, Title 5 witness, septic tank install, perk test) and ongoing work drafting regulations and updating the town charter.
- A recurring issue was noted regarding checks for services being made out to the 'Board of Health' instead of the 'Town of Hardwick'.
- The Police Department recommended acquiring a compatible all-band radio for the Board of Health to enhance emergency communications, estimated at $10,000.
- Shelving for the school container has been acquired.
- The Lester Regional Public Health Coalition (LRPHC) provided an update on applications, food handler/manager certificates, and an open water damage/mold issue related to a water damage complaint.
- A 'Meeting of the Minds' was held on rural health issues and 'healthcare deserts' in the Quabbin and Lester regional areas, organized by 'Friends of Mary Lane'.
- Baystate has publicly announced plans to establish a 'convenient care and primary care' clinic in Ware.
- An initiative is underway to create a cohesive coalition of Boards of Health in seven communities around Hardwick to advocate for rural health.
- Arrangements have been made to collaborate with UMass to explore leveraging their digital health enterprise projects for rural health and telemedicine in the area.
- A citizen expressed excitement and frustration, stating she had been working on a similar initiative independently, including a petition concerning the rebuilding of Mary Lane Hospital.
Decisions
- Local fines for violations will be progressive and align with the state's fine structure.
- In November 2025, the Hardwick Board of Health voted to hire a consultant LSP for professional assistance in interpreting data from the 2024 and 2025 annual Time Bond reports.
- The Board of Health allocated funds for an initial consultation with the LSP.
- In December, the Board of Health voted to proceed with writing regulations to protect groundwater.
- The Finance/Executive Board (FEB) rejected the Police Department's request for an all-band radio.
- A public hearing will be continued next month.
- Review of 'Apple for regulations' (or similar) will occur next month.
- The 'Green Burial' discussion will be postponed until April or May.
Motions and Votes
- To suspend the current hearing.
- To hire Mark Poppam for the Lower Road Landfill monitoring.
- To adjourn the meeting.
Action Items
- StaffPrepare an updated draft of the regulation including NFG language, redline, and clean versions for the next hearing.
- UnassignedConsult on the most desirable fine structure to ensure legal compliance and effectiveness.
- UnassignedNotify retailers by mail regarding the MGOs (Minimum Gross Operating Profit) for tobacco products.
- LSP (Scott Parker)Discuss the landfill reports and provide interpretation and guidance.
- UnassignedFormally approach both the Solid Waste department and the DEP, stating that current standards are not being met.
- TownDraft a well-worded letter to the state regulators, potentially with professional assistance.
- Board of HealthStrongly advocate for the state to implement increased 3D monitoring of the landfill, especially given climate change impacts.
- Capital Planning CommitteeFund the replacement of a failed monitoring well.
- TownEngage legal counsel to force the delineation of the problem and ensure regulatory enforcement.
- Responsible partiesDelineate the full extent of the contamination problem.
- CitizenProvide limited funding to test some private wells.
- BoardSpeak with their municipal attorney about PFAS contamination issues.
- BoardEngage with the Department of Environmental Protection (DEP) regarding PFAS contamination.
- MikeRaise the PFAS contamination issue with the DEP Commissioner at their next meeting.Due: Next Monday
- Town CouncilReview relevant contracts (e.g., closure/post-closure contracts from 2000) related to the landfill.
- Municipal AttorneyBe put on notice that the landfill contamination issue is happening.
- Board of HealthSchedule a joint meeting with the Select Board or get the item on their agenda to formally discuss the landfill issue and request access to Town Council.
- ProfessionalsDetermine the precise locations for PFAS testing in Mighty Brook and Hardwick Pond outflow.
- BoardCompel the landfill owner to conduct testing for the benefit of downstream residents and taxpayers.
- BoardCall to Waste Site Cleanup / Solid Waste to get the board 'in the loop' on ongoing conversations and actions.
- UnassignedConduct testing to officially make the contamination problem 'known'.
- BoardFormally ask the DEP to conduct the 'big study' regarding the Casella landfill.
- ScottCall the DEP tomorrow morning (Friday) to inquire about their actions regarding Casella's compliance and to review any relevant files.
- Board of HealthContinue drafting regulations for water supply protection.
- Board of HealthEducate the public on issues like PFAS in products.
- UnassignedGather feedback on the Earth Removal Bylaw draft.
- Mark PoppamProceed with the coming year's Lower Road Landfill monitoring, beginning July.
- UnassignedEnsure all checks for town services are made out to the 'Town of Hardwick'.
- MattReview applications provided by the Administrative Clerk.
- UnassignedRevisit the emergency communication issue with Police and Fire departments to determine how to handle emergency scenarios.
- UnassignedRetrieve shelving for the school container from Worcester.
- Neil and Judy KorzecOrganize meetings with Boards of Health in seven communities around Hardwick to create a cohesive coalition to advocate for rural health.
- Neil and Judy KorzecArrange collaboration with UMass to explore leveraging their digital health enterprise projects for rural health and telemedicine in the area, starting with demonstration projects in Hardwick.
- ChairFacilitate a private discussion between the citizen and Neil regarding the petition after the meeting.
- BoardRevise the current draft aquifer protection regulations.
- BoardPresent the revised draft aquifer protection regulations to the Town Council for their review.
- BoardSchedule and properly post a public hearing to finalize the aquifer protection regulations.
- BoardMake the draft aquifer protection regulations publicly available.
- BoardIncorporate feedback and modifications from specific individuals (e.g., 'Paul') into the aquifer protection regulations.
- BoardWork on coordinated permitting and review processes across different committees for aquifer protection.
Topic Timeline
- Nicotine Free Generation (NFG) LanguageRequest for new draft regulation.
- Hearing ContinuationHearing to be continued to next month for updated draft.
- Environmental Impact of LitterDiscussion on vape and cigarette litter.
- Medical Impact of NicotineConcerns about nicotine's impact on vulnerable populations.
- NFG Implementation DateDiscussion on setting a 'born on or after' date.
- Fine Structure for ViolationsConsideration of aligning local fines with state fines.
- Legal Consultation RecommendedSuggesting consultation on fine structure.
- Importance of Local RegulationLocal regulations encourage regional health policies.
- Motion to Suspend HearingMotion made, seconded, and passed unanimously.
- Next Hearing Date & TimeScheduled for March 12th at 6:45 PM.
- Introduction of Licensed Site Professional (LSP)Scott Parker introduced for landfill expertise.
- Background on Landfill ConcernsWare BOH request to protect Muddy Brook Aquifer.
- Contamination ConfirmedGroundwater test results confirmed multiple contaminated wells.
- Decision to Hire LSPHardwick BOH voted to hire consultant LSP in November 2025.
- Regulatory OversightInvolves Solid Waste and Waste Site Cleanup Regulations.
- Lack of Down-Gradient MonitoringExtent of contamination spread unknown for PFOA/PFAS.
- DEP InactionConcerns raised about DEP not acting on contamination data.
- Comparison to Other SitesParallels to Charlton and Southbridge landfill issues.
- Permit & StandardsDiscussion on landfill's 2009 permit and GW1 classification.
- PFAS TestingPFAS was not tested until the last couple of years.
- Upstream TestingQuestion about testing above the landfill for other sources.
- Contract Duration & LiabilityQuestions about 30-year contract and town's long-term liability.
- Monitoring CostsCosts for similar sites and PFAS testing.
- Failed Monitoring WellReplacement needed, costs to Capital Planning Committee.
- Homeowner WellsConcerns about private wells within 500-foot radius.
- PFAS Origin ExampleAnecdote about fire department foam causing contamination.
- Multiple ContaminantsContamination includes PFAS, dioxins, toluene, etc.
- Regulatory EnforcementExisting regulations are sufficient; DEP enforcement is key.
- PFAS ContaminationPrimary topic was PFAS contamination, likely from landfill.
- PFAS Testing UrgencyCritical need to test PFAS levels in Mighty Brook and Hardwick Pond outflow.
- Remediation OptionsDiscussion of bottled water or municipal water line extensions.
- Containment vs. RemediationMethods to minimize spread vs. expensive treatment.
- Landfill Expansion ConcernsExpansion or regional conversion deemed 'not a good idea'.
- Knowledge Gaps in Plume MappingPlume exists under water where there are no wells.
- Proactive SamplingAdvocating for homeowner well sampling now.
- Regulatory FrameworkDEP sets performance standards; Tycon acts on mandates.
- LSP DefinitionLSP certification established by the state for cleanup.
- Environmental Cleanup ProcessOwner hires LSP to identify problem, develop plan, submit to DEP.
- Landfill Contamination ComparisonLower Road landfill contamination significantly lower than Muddy Brook.
- Private Well ResultsDiscussion on providing private well results to the town.
- PFAS Contamination LawsuitConnecticut sued Massachusetts for PFAS from Bradley Airport.
- Homeland Security and Drinking WaterPost-9/11, Homeland Security reportedly in charge of drinking water.
- Casella Landfill DisputeBoard rejected Casella's proposal, potentially leading to DEP study.
- Town of Orange's ExperienceDenied special permit for battery installation in Zone 2.
- Muddy Brook Valley Water ProtectionBoard working to protect groundwater resources.
- Drafting RegulationsRegulations being drafted with hydrologist assistance.
- Aquifer Protection RegulationsDraft regulations and map developed for aquifer protection.
- Exclusions from RegulationsAgriculture explicitly excluded.
- Development Process of RegulationsSix months of due diligence, panel discussions, input.
- Nature of RegulationsHealth regulations, distinct from but complementing zoning.
- Modeling and PrecedentModeled after Ware's bylaws and DPH regulations.
- PFAS in FertilizersQuestion about banning organic fertilizers with PFAS.
- Biosolids and FarmlandConcerns about farmland destroyed by biosolids fertilizer.
- PFAS Contamination in ProduceResident concern about local produce due to PFAS.
- Board of Health's Educational RoleSuggested responsibility to educate public about contaminants.
- Earth Removal/Importation Bylaw DraftReview of updated bylaw draft; no public health impact found.
- Lower Road Landfill MonitoringReview of proposals for continued monitoring.
- Health Agent ReportInspections, drafting regulations, charter updates.
- Administrative Clerk's ReportJanuary was a quiet month; first recycle pickup Jan 14th.
- Police Department Communication Enhancement RequestRequest for all-band radio rejected by FEB.
- School Container Shelving & GeneratorShelving acquired; difficulty moving heavy generator.
- Lester Regional Public Health Coalition (LRPHC) UpdateApplications, food certificates, water damage/mold case.
- Unanticipated BusinessItem on agenda, but visitor did not appear.
- Neil's Report: Rural Health Initiatives'Meeting of the Minds' on rural health issues.
- Rural Health Initiative UpdateIssue described as having 'really exploded' recently.
- Citizen Petition on Mary Lane HospitalCitizen working on similar initiative, gathering signatures.
- Upcoming Agenda ItemsDiscussion on next month's look ahead and Green Burial.
Uncertainties
- The specific 'born on or after' date for the Nicotine Free Generation was discussed but not finalized.
- Has the state (Solid Waste/DEP) communicated any directives or responses to the landfill owner regarding the September report or the need for action?
- What is the full, 3D extent of the contamination plume?
- What specific actions can the town take to 'stop the clock' on the 30-year landfill ownership transfer?
- What is the relevant radius for homeowner well testing (e.g., 500, 600, or 800 feet)?
- What are the specific levels of PFAS in the Mighty Brook and Hardwick Pond outflow?
- What is the current 'mass impact' on actual residences, if any?
- Will the aquifer protection regulations incorporate a ban on organic fertilizers (biosolids) known to contain PFAS?
- The exact nature and scope of the 'Apple for regulations' to be reviewed next month.
- The specific date for the 'Green Burial' discussion in April or May.
- It is not yet confirmed if the water damage/mold issue in 'States' has been corrected.