January 2025 Construction Outlook by Ucane

STOPPABLE ROAD BUILDERS

Years of Excellence 1954-2025

OFFICERS

President

BRIAN COONEY

C. C. Construction, Inc.

President Elect

CHRIS VALENTI

GVC Construction, Inc.

Treasurer

QUERINO PACELLA

RJV Construction Corp.

Secretary

LISA FRENCH KELLEY

W. L. French Excavating Corp.

BOARD OF DIRECTORS

MARCELLA ALBANESE

Albanese Brothers, Inc.

CALVIN BRANDFORD

CHB Excavating

GERRY CARNEY, JR.

C. N. Wood Company, Inc.

JULIA D’ALLESSANDRO

D’Allessandro Corp.

JERRY GAGLIARDUCCI

Gagliarducci Construction, Inc.

MARCO GIOIOSO

P. Gioioso & Sons, Inc.

JUSTIN GOODHEART

J. F. White Contracting Co.

DAN HORGAN

R. H. White Const. Co., Inc.

MARK LANGEVIN

Phoenix Communications, Inc.

WILLIAM LEONARD

Aqua Line Utility, Inc.

KARIN MARSHALL

Boston Concrete Corp.

MIKE McCARTHY

J. Derenzo Co.

RYAN McCOURT

McCourt Construction Company

JOHN McGRATH

Methuen Construction Co.

MICHELE NORTON

HUB International New England

ROBBIE OUR

Robert B. Our Co., Inc.

RICHARD PACELLA, JR.

R. M. Pacella, Inc.

MARK SZELA

Insituform Technologies LLC

JOSEPH NOLAN

Executive Director

JANUARY, 2025

5 President’s Message: Building the Future: Turning the Page to 2025 and Working Together to Strengthen Our Collective Impact

7 Legislative Update:

• Vulnerable User Regulations Released by MassDOT; Enforcement to Begin December 2025

• UCANE Testifies on Emissions Rules before MassDEP

• Legislature Ends 2023-2024 Session in a Flurry; Kicks Off New Session

• Healey-Driscoll Administration Grants $246,000 to Cities and Towns for Water Quality Protection

• CDL Reform Law Aligning Federal and State Law for Past Infractions Passed

23 Legal Corner: Settlement of Alleged Interstate Conspiracy to Rig Bids

27 Public Works Pipeline: A n Interview with Michael P. Collins, P.E., Commissioner/Director of Public Services & Engineering, City of Beverly, MA

32 OSHA Releases FY24 Top 10 Violations List

35 EEOC Highlights How Wearable Technologies May Implicate Employment Discrimination Laws

37 Woman Rescued After Falling into Manhole and Spending Night Trapped Inside

39 UCANE Welcomes New Members

41 Insurance Perspective: Natural Disasters Impact Property Insurance Rates

45 Construction Safety & Compliance: An Interview with Rick Liscio, Senior Environmental, Safety, & Health Manager, J. Derenzo Co.

UCANE’s 13th Annual Trade Show

53 2025 Scholarship Applications Now Available

54 UCANE’s 2024 Online Christmas & Holiday Auction

57 Governor Healey Issues Executive Order to Promote Participation by Women and Under-Represented Groups in the Construction Industry

59 UCANE’s Safety Corner: The Importance of OSHA-Compliant Emergency Action Plans: Protecting Workers in Every Environment

63 Federal Appeals Court Ruling Allows Rhode Island to Resume Truck Tolls

65 Ohio City Sues Unknown Thief After Sophisticated Cyber-Heist

66 UCANE’s Updated Employee Safety Manuals Now Available

67 Spotlight on Cape Cod:

• Water Quality Report: 90% of Cape Cod’s Tested Coastal Embayments are ‘Unacceptable.’

• Cesspools, Failed Septic Systems Must be Replaced in Wellfleet Under New State Regs

Editors: Joseph F. Nolan & Anne Klayman, Associate Editor: Suzanne Hatch

Magazine Designer/Associate Editor: Sherri Klayman, Head Writer/Assistant Editor: Mike Lenihan

Construction Outlook Chair: Brian Cooney

Editorial Board: Brian Cooney, Chris Valenti, Querino Pacella, & Lisa French Kelley

JOINING FORCES TO BETTER SERVE YOU

The Jack Farrelly Company, Putnam Pipe and HR Prescott have united, as part of the Core & Main family.

• W. Boylston, MA 508-835-4431

• Bloomﬁeld, CT 860-769-6760

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• Hopkinton, MA 508-435-3090

• North Haven, CT 203-777-5548

• Westbrook, ME 207-464-0585

• N. Billerica, MA 978-459-6701

• Norwood, MA 781-407-9133

• Taunton, MA 508-880-8736

• Worcester, MA 508-752-7473

• Loudon, NH 603-263-7350

• New Milford, CT 860-210-6262

• Springﬁeld, MA 413-732-8400

• Johnston, RI 401-725-0140

We’re still the dependable experts you’ve always known, but now as one team, continuing to handle all your water, wastewater, fusible, and storm drainage material

Building the Future: Turning the Page to 2025 and Working Together to Strengthen Our Collective Impact

As we turn the page to 2025 and I begin my second year as UCANE President, I want to take a moment to reflect on the progress we have made together in 2024 and share my thoughts on the opportunities and challenges we may face in the year ahead.

2024 was a milestone year for UCANE as we celebrated our 70th Anniversary. This legacy of excellence, built by generations of contractors, has strengthened our industry’s effectiveness and has underscored the importance of clean, safe drinking water and utility infrastructure investment to the Commonwealth’s leaders. UCANE’s Board of Directors and our management team remain steadfast in our commitment to investments in water and wastewater infrastructure and all aspects of utility construction.

With ARPA (American Rescue Plan Act) funds set to end in 2026, competition for federal, state, and municipal funding will intensify in 2025. Federal funding from the IIJA (Infrastructure Investment and Jobs Act) is also expected to diminish over the next few years. As these federal commitments to heavy construction infrastructure programs wane, it will be incumbent upon the incoming administration to strongly support the State Revolving Loan Fund Program (SRF) to sustain investments in water and sewer programs critical to our state’s well-being. UCANE will continue to work closely with our Federal congressional delegation through regular meetings involving our Board of Directors and Executive Director Joe Nolan. Joe and our team consistently remind leaders in Washington and Massachusetts that without continued support, utility, water, wastewater, and resiliency projects across the state and nation will face jeopardy.

At the state level, UCANE is strongly advocating for increased investment in the Massachusetts Clean Water Trust to address the projected $20 billion plus gap in water infrastructure funding over the next 20 years. Our staff and members collaborate closely with the MassDEP to ensure their annual Intended Use Plans (IUP) allocate over $900 million for clean water and drinking water projects across the Commonwealth. Additionally, the 2024 Housing Bond Bill was expanded at UCANE’s urging to include an additional $175 million to support infrastructure needs associated with new housing, including water, wastewater, and electric service upgrades.

As we enter 2025, two new regulations adopted at the state level in 2020 will come into effect in January. The first is the Advanced Clean Truck (ACT) Rule, which includes Heavy-Duty Omnibus (HDO) truck regulations. The second relates to new Side Guard requirements on trucks and vehicles used under state contracts. UCANE has partnered with peer associations and agencies to lobby for modifications and delays in the implementation of these regulations. We’ve successfully narrowed the scope, and delayed the Side Guard requirements, and postponed the HDO ruling to January 2026. However, much work remains, and UCANE continues to lobby strongly for continued revisions to these regulations.

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President’s Message continued from page 5

At the municipal level, UCANE remains a trusted partner, working with local officials to get much-needed projects out to bid. We know that without continued investment, Massachusetts risks falling further behind in updating aging water infrastructure, increasing costs for taxpayers and jeopardizing public health. We work tirelessly to assure that our leaders know how important utility and water infrastructure is, especially as some large federal government funding programs end.

UCANE’s strength lies in the willingness of its members to stay involved. Your engagement on our boards and committees, as well as your financial support through events and sponsorships, provides the tools our leadership needs to fight for a level playing field and funding for these critical construction programs.

We appreciate your continued commitment to UCANE. On behalf of your Board of Directors and the UCANE staff, please accept our heartfelt best wishes to you and your families for a healthy, happy, and productive New Year in 2025. n

Vulnerable User Regulations Released by MassDOT; Enforcement to Begin December 2025

After a variety of advocacy from stakeholder groups, in early January, the Massachusetts Department of Transportation (MassDOT) released its revised regulations on 540 CMR 4.00 et. seq., relative to mandatory safety equipment for trucks on state contracted jobs. The proposed regulations are based on Chapter 358 of the Acts of 2022, which established a series of safety measures designed to protect vulnerable users of the Commonwealth’s roads and bridges. In enacting these safety measures, the Massachusetts legislature worked to establish a balance between the needs of all stakeholders who use the Commonwealth’s roads on a daily basis, including vulnerable users and general contractors. As explained to stakeholders throughout the legislative process, the requirement to install convex and concave mirrors, lateral protective devices (i.e. sideguards) and back-up cameras were to be balanced with mechanisms to ensure those entities contracting with the Commonwealth had reasonable means to comply with the new law.

Under the now final regulations, a registered motor vehicle, trailer, semi-trailer or semi-trailer unit classified as a class 3 or above by the Federal Highway Administration, with a gross vehicle weight rating of 10,001 pounds or more, that is leased or purchased by the Commonwealth on or after January 1, 2023, or operated under a contract entered with the Commonwealth on or after January 1, 2025, must be equipped with truck safety devices including a lateral protective device, convex mirrors, crossover mirrors and back up camera. However, UCANE, with a wide variety of other stakeholder groups, was able to successfully advocate for a series of changes to the initial proposed regulations. Of note, contractors will not have to certify compliant vehicles until December 31, 2025. At that date, “starting December 31, 2025, [a] contracting Commonwealth agency that identifies

non-compliance with respect to a vehicle that is subject to this section may enforce these regulations”. This one-year enforcement delay will allow both the Commonwealth and stakeholders to ensure compliance in a reasonable manner as contractors must upload information about compliant trucks into a new Registry of Motor Vehicles (RMV) web portal.

In addition, UCANE, working alongside the Massachusetts Municipal Association, Construction Industries of Massachusetts and others, was able to ensure that the regulations do not apply to municipal projects just because they utilize state funding. Specifically, the regulations do not apply to “[h]eavy [v]ehicles operating under a municipal contract and grant program funded with state aid through Commonwealth Agencies, such as a Chapter 30 Program, Municipal Small Bridge, and Complete Streets.” Finally, the regulations specifically state that the regulations do not apply to heavy vehicles responding to a federal, state or local emergency. Finally, in a change from the proposed regulations, the new regulations do not apply to contracts with the Commonwealth in effect before January 1, 2025.

UCANE is pleased that MassDOT has included a robust waiver process for contractor vehicles that simply cannot accommodate some of these required pieces of equipment. Owners of motor vehicles that are subject to the truck safety devices may apply for a waiver from any or all of the requirements listed above. Waivers may be granted if: (a) a vehicle cannot comply with the requirements in this section due to the design, operation or other safety considerations relating to the vehicle; or (b) a vehicle is designed such that its shape, characteristics or component parts can be regarded as an adequate replacement or a functional equivalent substitute for the requirements herein.

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Mark Molloy, Esq.

With over two decades of experience across diverse industry sectors, Je brings his insights and experience with complex transactions, as well as an extraordinary ability to resolve disputes to Hinckley Allen’s nationally ranked Construction & Public Contracts Group.

CONTACT: Je D. Bernarducci

617-378-4155

JBernarducci@hinckleyallen.com

Update continued from page 7

As you may recall, a variety of organizations submitted testimony to MassDOT relative to their support for, or specific concerns about, the proposed regulations in July 2024. To the aforementioned point, UCANE submitted written testimony acknowledging the importance of the regulation’s efforts to promote public safety but also requesting clarifications on a variety of inconsistencies between the law and proposed regulations. Specifically, UCANE noted that the initial regulations impermissibly tried to extend the responsibility to equip subject vehicles to municipal contracts which is not supported under the law. Further, UCANE sought clarification that delivery persons, who have no privity of contract with a general contractor in the same manner a subcontractor does, are not subject to this new regulatory scheme. Finally, in addition to a variety of more technical observations and suggestions, UCANE asked that MassDOT create an “exempted vehicle list” or “waiver list” for certain types of motor vehicles to prevent the potential for creating an administrative logjam within MassDOT, something that UCANE will continue to work towards.

To review relevant information about this issue, please visit MassDOT’s information page at: https:// www.mass.gov/info-details/truck-safety-devices.

continued on page 11

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UCANE Testifies on Emissions Rules Before MassDEP

UCANE Executive Director Joe Nolan testified before the Massachusetts Department of Environmental Protection’s (MassDEP’s) public hearing relative to the agency’s decision to delay the heavy-duty omnibus (HDO) rule. The MassDEP held two virtual public hearings on Monday, December 9 at 1PM and 5:30PM to hear testimony about their decision. The first hearing saw 93 attendees although most of those individuals simply observed the proceedings. The early hearing had a strong showing for those looking to delay the HDO and Advanced Clean Truck (ACT) rule when the Massachusetts Municipal Association started with a presentation from four or five towns, ranging from the Mayor of the City of Newton to the DPW Directors from the Town of Wilbraham, Town of Lexington and Town of Andover. From industry, UCANE as well as representatives from associations like the Massachusetts Energy Marketers Association, New England Bus Association, Massachusetts Regional Transit Authority Association as well as individual companies from companies like J.F. White Contracting Co. and Flynn’s Truck Plaza

weighed in. At the late day hearing, significantly less people attended (21 people), but the Trucking Association of Massachusetts presented testimony on behalf of industry while the Sierra Club did the same for the environmental community. Testimony was consistent: industry groups and companies talked about realistic day-to-day problems with the HDO and ACT rules while the environmental groups focused on general facts related to air quality mixed with comments about truck manufacturers.

In addition to Executive Director Nolan’s oral testimony, UCANE submitted written comments on the regulatory change. In part, UCANE’s written testimony indicated the following:

“As UCANE has indicated to your agency prior to this hearing, the upcoming implementation of the HDO and ACT rules will have a substantial and negative impact on the construction industry due to a lack of technological advancements, a lack of needed infrastructure

improvements and, realistically, a lack of compliant medium and heavy-duty trucks for purchase at this time.

With respect to the delay of the HDO rule, many manufacturers have yet to produce enough engines that comply with these regulations while others have simply foregone trying to do the same. Massachusetts’ early adoption of the HDO rule means that Massachusetts state agencies, municipalities and businesses are all competing against each other for an extremely limited supply of compliant trucks. As it stands, the market for medium and heavy-duty electric trucks is significantly less advanced and, in fact, much smaller than that which exists for passenger vehicles. As such, there are simply no HDO compliant medium- and heavy-duty trucks available for purchase. In all reality, there will not be enough HDO compliant vehicles available next year – notwithstanding the lack of the rules waiver from the federal Clean Air Act from the United States Environmental Protection Agency (EPA).

Further complicating this calculus is the planned implementation of the ACT rule on January 1, 2025. While the HDO rule reduces the types of available engines for medium and heavy-duty diesel trucks, the ACT rule is essentially a bar to accessing necessary medium- and heavy-duty diesel trucks anyways. No one is currently buying electric medium- and heavyduty trucks. Why? The currently available electric medium and heavy-duty trucks do not have the same range or carrying capacity as their diesel counterparts. Further, if an electric truck is actually available for purchase, it is prohibitively expensive. Construction companies cannot absorb the purchase of one, non-standard truck for $500,000 to $600,000 in an extremely competitive industry that relies on competitive bidding. Working as closely as we do with municipal Department of Public Works (DPWs) and water departments, we know most cities and towns cannot afford to purchase electric medium- and heavy-duty trucks either. Like our construction company mem -

bers, municipalities also rely on the regular turnover and replacement of medium and heavy-duty trucks within their fleets; meaning that acquiring the necessary vehicles post-January 1, 2025, will be extremely challenging, if not impossible.”

Wales Avenue-Rear Avon, MA 02322

508-587-6953

continued on page 15

While the MassDEP has pushed implementation of the HDO rule until January 1, 2026, the ACT rule has gone into effect as of January 1, 2025. The end-user stakeholder coalition pushing for a delay in this rule will continue to advocate for the same. Stay tuned for more information and potential action from the federal government impacting the same in the new year. 226 Nicks Rock Road Plymouth, MA 02360 Scale House: 508-732-9148 Asphalt Plant: 508-732-9140

Legislature Ends 2023-2024 Session in a Flurry; Kicks Off New Session

The end of the 2023-2024 legislative session was full of activity as the Massachusetts legislature sent over 100 bills to the Governor for her approval in the last week of activity. Among the highlights of legislating frenzy was the passage of two omnibus health care bills addressing private equity in health care and the regulation of pharmacy benefit managers. While the vast majority of the hundred or so bills were local, home rule petitions, there was a variety of policies passed in the session’s waning days.

Bills that flew through the branches Monday ranged from matters affecting single communities to proposals with statewide implications such as a bill to prevent professional license revocation over unpaid student loan debts, automated enforcement on school buses, and dental hygienist related legislation. The most notable part of this session’s informal session season was the passage of numerous conference committee reports that normally would not have been processed post-July 31 of the second year of the two-year session. According to the State House News Service, House Speaker Ron Mariano and Senate President Karen Spilka have signaled some

interest in changing the way they structure their two-year terms, a task influenced by the work they completed this fall and winter. Matters that advanced during informal sessions included an omnibus economic development bill, a substance misuse bill, a maternal health bill as well as the aforementioned health care bills.

There was no rest for the weary despite the end of session flurry as the Massachusetts legislature was sworn in on January 1. The start of the 2025-2026 legislative session saw the re-election of House Speaker Ron Mariano and Senate President Karen Spilka as their respective chamber’s leader. Representative Brad Jones won a contested race for House Minority Leader while Senator Bruce Tarr will again assume the mantle of Senate Minority Leader. In the House of Representatives, there will be 19 new Representatives while the Senate will see three new Senators, two of whom previously served in the House. Early areas of work will likely include rules reform to reflect the new reality of being able to pass larger bills past July of the second year, the filing of the Governor’s FY26 budget proposal, and assignment of leadership and committee assignments in both branches.

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Towards the end of December, the Healey-Driscoll Administration announced awards of $246,000 in grants to four regional watershed coalitions and planning collaboratives in Massachusetts. It is hoped the funding will spur innovation and information-sharing to assist local cities and towns in reducing pollution in stormwater that harms water quality. The DEP selected and awarded projects from the Massachusetts Statewide Municipal Stormwater Coalition, the Charles River Watershed Municipal Stormwater Collaborative, the Town of Brookline, the City of Waltham and Northern Middlesex Council of Governments.

The programs funded by these grants will assist municipalities in meeting the requirements of the Municipal Separate Storm Sewer System

(MS4) Permit. The MS4 Permit, issued by the EPA under the Clean Water Act National Pollutant Discharge Elimination System (NPDES), aims to reduce harmful pollutants from being washed into waters of the Commonwealth by storm drains. Municipalities are required to develop stormwater management programs that include public education and outreach, public participation, illicit discharge detection and elimination, management of construction site runoff, management of post construction site runoff, and good housekeeping measures to reduce pollution.

The groups receiving funding are:

• Charles River Watershed Municipal Stormwater Collaborative ($57,900):

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Legislative Update continued from page 17

Stormwater Control Measure Inspection & Maintenance Toolkit Phase II. This project will build on the Fiscal Year 2024 SCM inspection and maintenance (I&M) Storymap by adding graphics for up to four SCM types, highlighting key areas for inspection and providing guidance on communicating maintenance needs. Additionally, videos will be produced to demonstrate best practices for maintaining up to two SCMs.

• Massachusetts Statewide Municipal Stormwater Coalition ($48,000): Think Blue Massachusetts Phase VI. Develop and produce a new video that focuses on actionable steps and solutions to common stormwater pollution issues. Develop a social media toolkit, expand available resources and educational materials on the Think Blue MA website by creating a resource library; and update the Think Blue MA website which is publicly accessible.

• Town of Brookline and City of Waltham ($70,000): Catch Basin Cleaning Alterna-

tive Phosphorus Credit Study. This study will develop recommendations for an alternative catch basin cleaning phosphorus credit for communities in Massachusetts with Phosphorus Control Plan requirements. The study will evaluate the Chesapeake Bay TMDL credit as a potential alternative. This credit is based on mass-removal of catch basin sediments.

• Northern Middlesex Council of Governments ($70,500): Northern Middlesex Comprehensive Watershed Study: Phase 1- Stormwater Asset Inventory and Collaborative Mapping. This project will create a comprehensive GIS-based inventory of stormwater assets. The focused approach will enhance collaboration, streamline MS4 compliance, and improve water quality and the lesson can be more broadly applied throughout Massachusetts.

For more information about the Commonwealth’s stormwater management program and related grant programs, please visit: https://www. mass.gov/info-details/stormwater-permitting.

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CDL Reform Law Aligning Federal and State Law for Past Infractions Passed

In an effort to align state and federal standards for commercial driver licenses (CDLs), Governor Healey signed legislation intended to protect the pool of qualified candidates for commercial driver’s licenses and provide relief to hundreds of CDL holders who were recently deemed disqualified.

Under the terms of the law, individuals who have experienced up to two disqualifying events prior to September 30, 2005, would still be able to hold a commercial driver’s license provided they meet certain standards. The new law requires the RMV to draft regulations to establish guidelines and conditions under which a lifetime disqualification may be reduced to 10 years. Massachusetts law previously had a longer look back period.

Governor Healey filed the legislation in November in response to disqualification notices sent earlier in the year to approximately 485 individual CDL holders in Massachusetts. The bill was passed by the Legislature in the final hours of the session on December 31. Prior to passage, the RMV had notified the affected drivers that they would no longer be allowed to hold a CDL in Massachusetts due to disqualifying events, such as drug- or alcohol-related driving offenses, that occurred two decades or more ago. Soon afterward, the RMV instituted a process allowing a brief extension and appeal process for those receiving cancellation notices.

For more information about this new law, please visit: https://www.mass.gov/info-details/ an-act-relative-to-commercial-drivers-licenses. n

P.O. Box 913 • Falmouth, MA 02541

396 Gifford Street • Falmouth, MA 02540

PH 508-548-1800 • FX 508-457-1825

PH 508-693-0845 • FX 509-693-0312 Lawrence-Lynch Corp.

Visit our website @ www.lawrencelynch.com White Bros. – Lynch Corp.

P.O. Box 155 • Oak Bluffs, MA 02557 20 Vineyard Ave. • Oak Bluffs, MA 02557

Settlement of Alleged Interstate Conspiracy to Rig Bids

The United States Department of Justice (“DOJ”) recently announced a settlement of alleged False Claims Act violations in a case involving allegations of bid rigging in connection with federal defense equipment and supply contracts. The “Settling Parties” – an individual and his two companies – have agreed to pay $1 Million to settle the case.

According to the DOJ, the individual in question is a Florida resident who owns two companies: (1) a safety equipment sales company, based in Nevada; and (2) a general construction contracting company, based in Florida. Per the DOJ’s press release, both companies provide “third party logistics support,” including “product acquisition, receiving, warehousing, transportation, shipping and returns.” The DOJ stated that the Settling Parties allegedly “violated the False Claims Act by causing a prime vendor for the Defense Logistics Agency (DLA) to submit fraudulent contract bids to DLA that resulted in Department of Defense (DoD) customers being overcharged for goods and related services purchased under those contracts.”

The DOJ explained that the Defense Logistics Agency (“DLA”) issues “Maintenance, Repair and Operations” (“MRO”) contracts for various regions throughout the United States. These MRO contracts are held by “prime vendors” which are responsible to procure supplies and equipment – including “chemicals, electrical supplies, hardware, HVAC/refrigeration, prefabricated structures and a variety of small tools” – for Department of Defense (“DoD”) agencies. According to the DOJ, the “goal of the MRO program is to achieve favorable product pricing through leveraged buying, infrastructure savings, and inventory cost reductions.” To achieve these goals, the prime vendor is to “engage in a competitive bidding process” in order to procure the supplies and equipment. However, that

did not happen here due to the alleged conspiracy.

According to the DOJ’s press release, the Settling Parties allegedly conspired with a Massachusetts company that had served as a “prime vendor” on MRO contracts for the Northeast and Southeast regions of the country from 2016 through 2023. By executing the settlement agreement, the Settling Parties admitted that they knew that the Massachusetts prime vendor was required to engage in a competitive bidding process. Nevertheless, the Settling Parties admitted to “coordinat[ing]” with the prime vendor in two ways with respect to its procurements of supplies and equipment.

First, the Settling Parties apparently agreed to provide the prime vendor with “courtesy bids” or “comps” that were never intended to be competitive.

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Construction & Public Contracts Group, Hinckley Allen, LLP

Christopher Morog Partner

Robert T. Ferguson Partner

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Legal

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According to the settlement, the prime vendor would provide the Settling Parties with the price they should quote or a “price floor” to exceed when they submitted their artificially high quotes. The Settling Parties “submitted over 100 courtesy bids or comps” in response to the prime vendor’s solicitations, “and the procurements were awarded to other vendors.”

Second, the Settling Parties admitted that they “coordinated” with the prime vendor to “obtain quotes from the Settling Parties and other vendors on terms that permitted [the] Settling Parties to have a lower bid.” That is, the prime vendor apparently solicited quotes from both companies owned by the Florida resident, even after he had informed the prime vendor that “he owned and operated both” companies “and that they were not independently competing vendors.” The Florida man and his companies also paid other vendors to submit “quotes.” According to the settlement, the prime vendor solicited courtesy bids or comps from other vendors in order for the Settling Parties to receive contract awards.

In other words, the Settling Parties participated in an alleged scheme which – at first glance – made it appear as if the parties were engaging in a fair and open procurement process. In reality, the process was tainted with fake quotes, which enabled the Settling Parties to obtain dozens of federal contracts. The Settling Parties admitted to receiving at least 58 contract awards where other bidders had provided “courtesy bids” or “comps,” and another 15 contract awards where both of the Florida resident’s companies had “submitted a quote on the same solicitation.” All told, the Settling Parties “received not less than $14.7 in payments” from the prime vendor’s contracts.

According to the DOJ, “these contractors gamed the system to line their own pockets” by “manipulat[ing] and undermin[ing] the fair and open bidding process designed to save our military – and our taxpayers –money.” The DOJ added that contractors “should be scrupulous in dealing with the government, not coordinating with each other to pad their bottom line.”

Both the federal and state governments continue to enforce laws designed to protect the integrity of public procurement processes as well as the public fisc. While this case appears to have involving knowing and intentional conduct, the lines are not always so clear when it comes to allegations of collusion and bid rigging, particularly when competitors are considering partnering in connection with a particular procurement. It remains critical for contractors to be “scrupulous” when dealing with public contracts to ensure that their conduct and communications in connection with government procurements do not cross the sometimes fine line from lawful to unlawful conduct. n

An IntervIew wIth MIchAel P. collIns, P.e.

coMMIssIoner/DIrector of PublIc servIces & engIneerIng

cIty of beverly, MA

Will you please tell us a little bit about your professional training and background prior to attaining your current position?

I am a third-generation engineer. My grandfa ther was the first generation born here after his father came from Ireland. He worked his entire ca reer for the state DPW, which is now MassDOT, as an engineer building bridges and highways. My father worked as an aeronautical engineer and spent his career working with the Navy on their inertial navi gation systems. I never really considered anything other than engineering. I don’t remember even thinking about it. My mom always had us working on stuff growing up. I started building at 14 because of a job she found me as a carpenter. I worked in construction throughout high school and college.

I received my degree in Civil Engineering from Wentworth and began working for a private engineering firm in Boston. My first job in the Municipal sector was as Assistant City Engineer for the City of Salem in 1994. I learned so much there because I had unbelievable mentors. They were all legends who grew up running real steam shovels and doing things we would say are impossible today. I moved across the river to Beverly 24 years ago and have run the Public Works and Engineering Department here since then.

Please give our readers some information on the size and population of Beverly and some statistics on the various infrastructure that your department is responsible for maintaining?

miles of water main. Both Beverly and Salem get our drinking water from the Ipswich River Watershed and it is treated at the Salem/Beverly WTP here in Beverly. We have sewer throughout the city with 30 pump stations of varying size. All sewage is treated at the WWTP located in Salem and owned by the South Essex Sewerage District (SESD) The plant handles flows from Salem, Beverly, Danvers, Marblehead, Peabody, and parts of Middleton. With a capacity of 29 MGD, it is one of the largest treatment facilities in Massachusetts. We also maintain sewer laterals up to the property line, which is unusual. I represent the City of Beverly on both boards that manage the water and sewage treatment.

We are a full service DPW and we maintain all city buildings including schools. We maintain streetlighting, traffic signals and municipal fire alarm circuits. We also operate all public safety communication infrastructure. We even manage the citywide security and surveillance. Basically, if it needs fixing, Beverly Public Works will take care of it. I have a great staff of about 40 highly skilled tradespeople. Hiring has become a huge issue and we carry several vacancies at all times now.

Congratulations on your recent prestigious award from the American Public Works Associ-

Beverly is a coastal city about 20 miles north of Boston with a population of about 42,000. We are similar in size and population to our adjacent coastal neighbor Salem, and we share many concerns and even infrastructure assets with Salem. Beverly is 22 square miles with 16 of them being above the tide. There are 150 miles of roads and about that many continued on page 29

Public Works Pipeline continued from page 27

ation as APWA’s Public Works Emergency Manager of the Year. Please tell us a little about this award?

I was truly flattered to receive this APWA award last year, which is always a nationwide competition. I have always believed that at the core, what we do in public works is critical to keeping people safe and when it all goes wrong, the DPW is often the first call that the public makes. I have spent my whole career working to help those who need help. Sometimes our responses are routine but very often we are put into life-threatening situations.

I am proud to say the people I have worked with always answered the call and have done some really heroic things. As public works, we don’t get the same

recognition as police and fire but APWA is working hard to change that. The Public Works Emergency Manager of the Year Award helps to bring our good work to light. DPW’s are typically only staffed one shift a day and we better be working during that shift. That doesn’t leave much time for self-promotion.

Beverly is a coastal city with an extensive shoreline and, by all accounts, sea levels are slowly rising with storms becoming more intense. Has Beverly developed a long-term strategy to stabilize shorelines and protect valuable infrastructure assets from coastal flooding?

We are fortunate that a lot of our coastline is rock and not subject to erosion. Having said that, we are definitely going to have to make some tough choices in the future. Beverly has been very active in planning for sea level change. We actually share a Climate Action and Resiliency Plan with our neighbor Salem and have performed risk assessments and are focusing our resiliency efforts on the most vulnerable infrastructure. The planning also enables us to design new projects in a way that will ensure they are protected well into the future. We raised the grade of our new police station site six feet before we built the new building. In other places, we are having difficult discussions about retreating and letting nature take back the land. Change is inevitable. I love being on the coast because the power of nature is on full display every day.

How does Beverly normally fund water and sewer projects? Does the City utilize the SRF Loan Program through MassDEP for water infrastructure projects?

Most of the SRF money we have gotten over the years has been for sewer projects I have incredibly capable staff and it has gotten so expensive to put work out to bid that we self-perform as much as possible. Our crew just completed a job that would have cost at least $3M if we bid it out, but we did it for the price of the pipe. We fund the projects from the operating budget or from fund balance, if at all pos-

continued on page 31

sible, to avoid finance costs. We are taking advantage of the asset management SRF grant program currently. In the past we financed many projects through the program. We are struggling to keep up with the inflation in construction costs in recent years. Our water and sewer rates are low compared to our neighbors and that needs to change if we are to keep up with the many unfunded mandates like PFAS and MS4. MS4 is going to eat up some real money in coming years.

What do you see as the most pressing infrastructure needs for the City in the next year or two? Are there any projects coming out to bid in 2025 that UCANE Contractors might be interested in bidding?

We have a big water meter replacement project coming up soon. We will hopefully be putting out a couple sewer rehab projects this coming year as well. There are two MassDOT bridges in the city that are going to be replaced over the next few years. Those are massive projects. We have a lot to do. We are way behind on road paving. We need to replace miles of water main and hundreds of services. We are still engaged in the neverending struggle with I&I in the sewer system. It can be overwhelming when you sit back and think about it. We do the best we can and I think we do it pretty well. n

BRAINTREE

150 Grossman Drive

Suite 200

Braintree, MA 02184

(617) 773-9200

LEXINGTON

238 Bedford Street

Lexington, MA 02420

(781) 861-1800

Releases FY24 Top 10 Violations List

OSHA recently released its annual list of Top 10 OSHA violations for FY2024. Once again, for the 14th year in a row, Fall Protection was the most cited offense. FY2024 saw 6,307 Fall Protection violations, a 13% decrease in citations below FY2023. Hazardous Communications also had a 10% decrease in citations below 2023 but remained No. 2 on the list. Ladder citations repeated as the No. 3 most cited OSHA Regulation, but this year down 13% from the previous year. The balance of the 2024 Top 10 list are repeats from 2023, with a couple of them moving up or down the list.

Overall, the total number of Top 10 citations (26,207) showed an overall decrease of 12% from last year’s list.

FY 2022 Citations = 22,123 (Impacted by COVID 19)

FY 2023 Citations = 29,747

FY 2024 Citations = 26,207

Penalties in 2024 once again raised up automatically according to the Consumer Price Index. That raised all penalties by 3.2% with the most serious single offense going from a max. of $156,259 to a max. of $161,323. The FY2025 CPI adjustment has not been announced yet but is expected to be about 2%. That would put each OSHA violation in FY25 23% above 2020 levels.

The three Contractors receiving the largest OSHA fines in FY2024 were:

1. A Water Tower Painting Company in New Jersey: Fall Injury - $485,580

2. A Waterproofing Contractor in Massachusetts: Fatality - $451,694

3. A Site Contractor in Connecticut: Trench Fatality - $394,083

Multiple repeat and willful violations were observed during inspections at all three sites.

OSHA’s budget went from $635M in 2023 to $658M in 2024, a 4% increase. According to OSHA Director Doug Parker, the agency has about 2,200 Federal employees with about 1,000 being Compliance Officers. Twenty-two states have their own State OSHA Agencies that employ similar amounts of state personnel to manage the programs and inspect the workplaces in those 22 states. Vermont is the only New England state with their own state OSHA Plan. The other five New England states are subject to Federal OSHA jurisdiction - Region 1.

Since OSHA was established in 1970 it has played the major role in creating a safer working environment across all industries. Worker injuries and illnesses have dropped from 10.9 incidents per 100 workers in 1972 to 2.4 per 100 in the most recent survey done in 2022. During that same period the worker deaths in America declined as well, from about 38 worker deaths a day to 15 a day, despite the US (non-military) workforce rising from 140M to 164M.

In recent years construction has accounted for approximately 9% of all worker injuries but 20% of worker fatalities. The leading cause of workplace fatalities has overwhelmingly been motor vehicle accidents, with about 40% of work fatalities occurring in the transportation industry.

4 1 3 5 6 7 8 9 10

No. 1: Fall Protection (1926.501)

Violations: 7,261 in 2023 • 6,307 in 2024 = -13.1%

No. 2: Hazard Communication (1910.1200)

Violations: 3,213 in 2023 • 2,888 in 2024 = -10.1%

TOTALS: (2023) 29,747 vs. (2024) 26,207= -11.9% 2

No. 3: Ladders (1926.1053)

Violations: 2,978 in 2023 • 2,573in 2024 = -13.6%

No. 4: Respiratory Protection (1910.134)

Violations: 2,481 in 2023 • 2,470 in 2024 = -0.4%

No. 5: Lockout/Tagout (1910.147)

Violations: 2,554 in 2023 • 2,043 in 2024 = -20.0%

No. 6: Powered Industrial Trucks (1910.178)

Violations: 2,561 in 2023 • 2,248 in 2024 = -12.2%

No. 7: Fall Protection Training (1926.503)

Violations: 2,112 in 2023 • 2,050 in 2024 = -2.9%

No. 8: Scaffolding (1926.451)

Violations: 2,859 in 2023 • 1,873 in 2024 = -34.0%

No. 9: Eye and Face Protection (1926.102)

Violations: 2,074 in 2023 • 1,814 in 2024 = -12.5%

No. 10: Machine Guarding (1910.212)

Violations: 1,644 in 2023 • 1,541 in 2024 = -6.2%

EEOC

Highlights How Wearable Technologies May Implicate Employment Discrimination Laws

EEOC Highlights How Wearable Technologies May Implicate Employment Discrimination Laws

Wand also requires employers to safeguard medical records.

WASHINGTON – A new fact sheet titled “Wearables in the Workplace: The Use of Wearables and Other Monitoring Technology Under Federal Employment Discrimination Laws,” released today by the U.S. Employment Opportunity Commission (EEOC) addresses use of wearable technologies in the nation’s workplaces. These technologies can be used to track various physical factors, such as an employee’s location, heart rate, electrical brain activity, or fatigue.

ASHINGTON – A new fact sheet titled “Wearables in the Workplace: The Use of Wearables and Other Monitoring Technology Under Federal Employment Discrimination Laws,” released today by the U.S. Equal Employment Opportunity Commission (EEOC) addresses use of wearable technologies in the nation’s workplaces. These technologies can be used to track various physical factors, such as an employee’s location, heart rate, electrical brain activity, or fatigue.

The new fact sheet reminds employers that employment discrimination laws apply to the collection of information from wearables. It also addresses the need for employers to provide reasonable accommodations related to wearables.

fact sheet reminds employers that employment discrimination laws apply to the collection and information from wearables. It also addresses the need for employers to provide reasonable accommodations related to wearables.

The new fact sheet reminds employers that employment discrimination laws apply to the collection and use of information from wearables. It also addresses the need for employers to provide reasonable accommodations related to wearables.

“With the increasing availability of wearable technologies, some employers may be considering implementing them in their workplaces. It’s important that employers keep in mind that some uses of wearables can violate federal antidiscrimination laws,” said EEOC Chair Charlotte A. Burrows. “If they do choose to bring this technology into the workplace, employers must be vigilant in following the law to ensure that they do not create a new form of discrimination. There is no high-tech exemption to the nation’s civil rights laws.”

Employer-mandated wearables, such as watches, rings, glasses, or helmets which collect information worker’s health and biometric data may be conducting a “medical examination” as defined by the Americans with Disabilities Act (ADA). If the wearables require employees to provide health information (including in the setting up of the device), the employer may be making “disability-related inquiries.” limits the use of medical examinations or disability-related inquiries by employers and also requires employers to safeguard medical records.

Employer-mandated wearables, such as watches, rings, glasses, or helmets which collect information about a worker’s health and biometric data may be conducting a “medical examination” as defined by the Americans with Disabilities Act (ADA). If the wearables require employees to provide health information (including in the setting up of the device), the employer may be making “disability-related inquiries.” The ADA limits the use of medical examinations or disability-related inquiries by employers

In addition, an employer’s improper use of information that wearables collect may raise concerns under other federal anti-discrimination laws. Employers should be careful about using data collected by wearable devices to determine sex, age, genetic information, disability, or race to take an adverse action against an employee. The new resource provides a number of examples to avoid.

-mandated wearables, such as watches, rings, glasses, or helmets which collect information worker’s health and biometric data may be conducting a “medical examination” as defined by the Americans with Disabilities Act (ADA). If the wearables require employees to provide health information in the setting up of the device), the employer may be making “disability-related inquiries.” The use of medical examinations or disability-related inquiries by employers and also requires employers to safeguard medical records.

“With the increasing availability of wearable technologies, some employers may be considering implementing them in their workplaces. It’s important that employer keep in mind that some uses of wearables can federal antidiscrimination laws,” said EEOC Chair Charlotte A. Burrows. “If they do choose to bring technology into the workplace, employers must be vigilant in following the law to ensure that they do create a new form of discrimination. There is no high-tech exemption to the nation’s civil rights laws.”

Lastly the new document reminds readers that employers using wearables may need to provide reasonable accommodations for workers under the Pregnant Workers Fairness Act, or as a religious or disability accommodation. n

increasing availability of wearable technologies, some employers may be considering implementing their workplaces. It’s important that employer keep in mind that some uses of wearables can violate antidiscrimination laws,” said EEOC Chair Charlotte A. Burrows. “If they do choose to bring this technology into the workplace, employers must be vigilant in following the law to ensure that they do not new form of discrimination. There is no high-tech exemption to the nation’s civil rights laws.”

In addition, an employer’s improper use of information that wearables collect may raise concerns under federal anti-discrimination laws. Employers should be careful about using data collected by wearable to determine sex, age, genetic information, disability, or race to take an adverse action against an employee.

Privately held and family owned businesses often face unique issues and challenges. Hinckley Allen attorneys have been advising such businesses for decades and have accumulated deep expertise.

We understand that the issues faced by a privately held or family owned business often reverberate through the broader family dynamic, and that a clearly defined strategy for running and transitioning the business is essential for both corporate and familial harmony.

Our attorneys can assist with a variety of legal issues: including succession and tax planning issues, employment-related issues, retaining quality outside directors and advisors, and managing exit transactions.

Learn more about our offering at www.hinckleyallen.com

Jennifer V. Doran Chair, Privately Held & Family Owned Businesses

617-378-4128

jdoran@hinckleyallen.com

Woman Rescued After Falling into Manhole and Spending Night

Trapped Inside

The woman's screams caught the attention of a passerby,

Firefighters rescued a woman who was trapped in a manhole in San Bernardino, California, on Wednesday, November 20, 2024. PHOTO: SAN BERNARDINO COUNTY FIRE

Awoman who fell 15-20 feet into a San Bernardino, California, open manhole was found alive and rescued by authorities.

In a news release posted on Facebook, San Bernardino County Fire was notified around 11 a.m. on Wednesday, November 20, about a woman who fell into the manhole located at 295 Carousel Mall.

The first fire engine that arrived at the scene confirmed the woman was trapped inside, according to the department, and preparations for the rescue operation began with using a 100-foot aerial ladder to serve as a lifting crane.

“The Urban Search & Rescue team arrived and assisted in completing set up of a high point rope rescue system,” said San Bernardino County Fire in the news release. “A rescuer was lowered down to the patient to assess for injuries and begin treatment. The patient was then placed into a rescue harness and raised to safety.”

“The patient was suffering from multiple musculoskeletal injuries and transported to a local trauma cen-

ter with moderate condition,” the department added.

The adult woman told authorities that she fell into the manhole the night before. It was the woman’s scream for help that caught the attention of a passerby, San Bernardino County Fire said in its statement.

The rescue operation, which was recorded on video and posted on San Bernardino County Fire’s Facebook page, took about 90 minutes. No firefighters were injured, the department added.

The manhole is located on the site of what was once the Carousel Mall, CW affiliate KTLA reported. The mall, which was constructed in the 1970s, shut down in 2017 and was demolished six years later. ABC affiliate KABC reported that the site will be redeveloped for affordable housing and commercial and office buildings.

Crews from the San Bernardino Municipal Water Department remained on-scene until the manhole was secured,” the department concluded its statement.

Courtesy of Municipal Sewer & Water Magazine by David Chiu n

Blue Collar Customs

1145 Bedford Street

Abington, MA 02351

Rep: Kyle Fonseca

Tel: (781) 421-6381

Email: info@bluecollarcustomsMA.com

Website: www.bluecollarcustomersma.com

Contractor

Insituform Technologies LLC

253F Worcester Road

Charlton, MA 01507

Rep: Mark Szela

Tel: (508) 817-6490

Email: mszela@azuria.com

Website: www.azuria.com/Insituform Contractor

Merge-Tek

26 Falcon Ridge Drive

Hopkinton, MA 01748

Rep: Angela Sanchez

Tel: (781) 492-8228

Email: angela.sanchez@merge-tek.com

Website: www.merge-tek.com

Associate

Methuen Construction Co., Inc.

144 Main Street, P.O. Box 980

Plaistow, NH 03053

Rep: John McGrath

Tel: (603) 328-2222

Email: john.mcgrath@mwhconstructors.com

Website: www.methuencontstruction.com

Contractor

Old Republic Surety Co.

1000 Franklin Village Drive

Franklin, MA 02038

Rep:Jack Marzec

Tel: (774) 276-6569

Email: jmarzec@orsurety.com

Website: www.orsurety.com

Associate

ST Materials & Equipment Supply Co.

P.O. Box 3673

Plymouth, MA 02361

Rep: Shelley Webster

Tel: (508) 719-7869

Fax: (508) 224-8581

Email: shelley@stmaterialsequipment.com www.stmaterialsequipment.com

Associate

TransCOR

124 Jewett Street

Georgetown, MA 01833

Rep: Brandon McCarter

Tel: (978) 352-3100

Fax: (978) 352-9199

Email: heidi@transcor-it.com

brandon@transcor-it.com www.transcor-it.com

Associate

Christopher Clark World Insurance Associates, Inc.

Natural Disasters Impact Property Insurance Rates

In the 1980s there was an average of three weather events per year with damage surpassing a billion dollars. Today, we see nearly three times as many, and if growth follows the same trajectory, there could be as many as 42 separate billion-dollar weather events annually by 2030.

2023 was a record-breaking year for natural disasters with 28 events that caused more than $1 billion in damages, and 2024 shows potential to surpass those numbers. Disasters that cause billions in damages change the landscape for property insurance and building values. As risk assessments change with increasingly dangerous weather, the impact of evolving regulations extends beyond residential and commercial property owners to impact construction firms handling the rebuilding process.

So far in 2024, the U.S. has had 24 separate billiondollar extreme weather events. From flooding and high winds caused by hurricanes to increasing numbers of wildfires, states across the nation are experiencing record losses in unexpected areas. Damage from Hurricane Helene alone resulted in insured losses topping $6 billion and uninsured losses even higher. Properties in North Carolina were among the hardest hit. Only 4% of the homes in the state are in FEMA-designated flood zones, lulling many property owners into a false sense of security and leaving them uninsured when disaster struck. New risk assessment technology that considers the impact of climate change shows that nearly three times the number of homes designated by FEMA are at risk of flooding. Yet, floods aren’t the only threat. Wildfires have become more destructive, burning millions of acres in 2024.

Increasing Disasters Elevate Property Insurance Premiums

As storms, floods, and wildfires increase in fre -

quency and severity, insurance underwriters are forced to reassess risks when calculating premiums. In the last four years, these events have caused annual insured losses of more than $100 billion globally. Rising insurance rates across the country reflect these losses. The average annual premium for homeowners’ insurance increased by nearly 20% between 2021 and 2023. Commercial property owners face similar increases, with projections suggesting the monthly cost of insurance for a commercial building in the U.S. could increase from $2,726 in 2023 to $4,890 in 2030. For states with the greatest weather risk, current costs of $3,077 could almost double to hit $6,062 by 2030.

Disasters that affect an entire state or even multiple states require massive rebuilding efforts that create a spike in demand for construction materials. At the same time, supply chains are slowed by damage to roads, bridges and infrastructure. Increased

continued on page 43

demand for building supplies drives up prices, further raising property values and related insurance rates.

Changing Regulations for Builders’ Risk and Pollution Liability

Natural disasters impacting buildings, roads and infrastructures increase demands for new construction. However, the changing landscapes come with evolving regulatory requirements and new insurance requirements for construction firms. Builders’ risk insurance is more important than ever to protect projects in construction. Despite the changing climate in the insurance industry and increased risks, the builders’ risk market has experienced overall rates flattening and increased capacity in the market. As the market evolves, agents play a vital role in protecting the assets of the insured.

And as if weather destruction wasn’t enough to deal with, severe storms, floods and wildfires contribute to the release of pollutants, including fuel spills, hazardous chemicals and wastewater. Companies are often held responsible for pollution mishaps tied to these disasters. Governments are boosting environmental regulations for commercial buildings, leading to more fines and penalties for businesses that

don’t meet the new standards. Pollution insurance can help in these situations and most policies include legal defense and regulatory liability coverage, making it a vital part of a complete insurance plan.

Preparing for the Future

As climate change-related disasters impact property insurance rates and coverages, and ultimately, the construction industry, it is important to stay abreast of your options and ensure your current program adequately covers your needs. Construction firms and business owners can better prepare for changing regulations by working with an insurance advisor who will assess your specific risks and tailor a program that stays in lockstep with our ever-changing environment.

Sources:

1. https://www.iamagazine.com/markets/preparing-builders-risk-clients-for-extreme-weather

2. https://www.foxweather.com/weather-news/us-billiondollar-weather-climate-disasters-2024

3. h ttps://nypost.com/2024/10/09/real-estate/flood-riskmap-leaves-homeowners-drowning-in-debt/

4. h ttps://blog.ucsusa.org/juan-declet-barreto/dangerseason-2024-deadly-heat-waves-wildfires-hurricanes-and-flooding-become-more-frequent-as-climate-crisis-advances/

5. https://blog.ucsusa.org/juan-declet-barreto/dangerseason-2024-deadly-heat-waves-wildfires-hurricanes-and-flooding-become-more-frequent-as-climate-crisis-advances/

6. https://themortgagereports.com/115255/severe-weather-soaring-insurance-premiums n

IS YOUR INSURANCE PROGRAM KEEPING PACE IN TODAY’S MARKET?

Let us review your programs and recommend improvements to ensure you are fully protected should the unexpected happen.

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• All forms of liability and property coverages • Bonds including Express Bond Program • Competitive terms • Personalized service • Highly experienced with Construction programs CHRISTOPHER CLARK, PRINCIPAL, CLIENT ADVISOR World Insurance Associates LLC, 50 Prospect Street, Waltham, MA 02453 O 781-642-9000 | D 781-398-9318 | M 508-400-4010 | christopherclark@worldinsurance.com worldinsurance.com

Construction Safety & Compliance: An Interview with Rick Liscio

Senior Environmental, Safety, & Health Manager J. Derenzo Co.

UCANE’s Construction Outlook magazine editors recently caught up with Rick Liscio at a busy construction site in Boston. Rick is the Senior Environmental, Safety, & Health Manager for UCANE member J. Derenzo Co. We were able to get a few minutes of Rick’s time to speak with him about the importance of safety in today’s heavy civil construction industry and about his role at Derenzo.

Will you please tell us a little about your background, why and how you chose to get into the field of Construction Safety, and how you arrived at J. Derenzo Co.?

First and foremost, I want to thank UCANE and its members for the opportunity to interview and be a part of UCANE’s Construction Outlook maga zine.

I was brought up in a blue-collar family and had the benefit of being exposed to multiple trades at a young age. Both building construction and heavy civil work always intrigued me and ultimately, I decided to further my education and my knowledge about the construction industry by enrolling at Keene State College. During my course studies, I became more interested and focused on learning about the excava tion and the utility side of the construction business. I graduated with a BS in Safety and Occupational Health Applied Sciences.

After graduating I started as a Safety Coordinator for an Electrical Contractor that specialized in maintaining and installing underground transmission and distribution lines and substations. I then transitioned into an EHS position with a Safety Consultant working for the MBTA where I supervised the safety department for the transmission and substation projects.

While working with these companies and gaining valuable experience in the safety industry, I still had a desire to find my way into an excavation/utility company. I was fortunate enough to find the perfect fit

with J. Derenzo Company, where I have been for over five years now. I am currently serving as their Senior EHS Manager for all the J. Derenzo Companies.

Please tell us a little about J. Derenzo Co. What type of projects does the company construct and in what regions do they pursue work?

J. Derenzo Co. has been one of New England’s premier site work contractors for over 75 years. Our team of employees’ experience ranges from large scale rural site clearing to some of the most complex,

continued on page 47

tight-site, deep hole excavations within downtown Boston. Our diversity and scalable expertise has been the key component in amassing an impressive portfolio of challenging work that is second-to-none in the industry.

J. Derenzo Co. primarily performs work in Massachusetts with a portion of work in New Hampshire. As of 2024 we have begun to expand into Providence Rhode Island and are currently working two mass excavations for Brown University.

J. Derenzo Co. is known to have one of the strongest commitments to jobsite safety in the industry. Please give us an idea of the makeup of the Derenzo Safety Team and your responsibilities as Senior EHS Manager.

J. Derenzo Co.’s philosophy on safety is founded on the principles that jobsite safety is the responsibility of each employee. As a Senior EHS Manager, I act as a resource for my fellow EHS Managers, along with our onsite employees. We are continuously pursuing in-service safety training, which we perform weekly out in the field, Safety & Compliance continued from page 45

DigSafe.com or

involving employees through hands-on demonstrations and worker participation in the safety training activities.

Our EHS department recognizes the value of continuous staff development as a key part of its success, and the skills acquired during training is complimented through continued daily/weekly education with supportive supervision by myself and our Corporate Safety Director.

On a typical week how many J. Derenzo tradesmen and subcontractor workers might be working across the company’s active projects and will you describe the safety culture that exists throughout the company?

Typically, Derenzo performs as a subcontractor to large GC’s or developers. In a given week we may have 150 to 200 workers spread over 12 to 20 jobsites. Crew sizes vary based on the complexity or size of each project. In addition to a rigorous Site-Specific Safety Plan developed by Derenzo, our safety team and our employees might also be subject to additional safety rules imposed on us by the developer or owner.

continued on page 49

Call 811

Before You Dig

It’s smart. It’s free. It’s the law.

Follow these steps for a safe excavation:

• Pre-mark the location of intended excavation using white stakes, paint or flags.

• In MA, ME, NH, RI and VT, notify Dig Safe® at least 72 hours in advance, not including weekends and holidays.

• Notify non-member facility owners.

• Maintain the marks placed by underground facility owners.

• Use caution and dig by hand when working within 18” of a marked facility.

• If a line is damaged, do not backfill. Notify the affected utility company immediately if the facility, its protective coating, or a tracer wire is damaged.

• Call 911 in the event of a gas leak, or if a damaged facility poses a risk to public safety.

• Know your state’s excavation requirements.

• Go to digsafe.com for educational material and current laws.

COMPONENT

The primary focus of our safety culture is built on cultivating relationships with our tradesmen and field staff. We are not a general contractor safety department overseeing subcontractors. Each safety team member considers themself as a fellow employee looking after safe conditions and behaviors of our fellow employees. J. Derenzo’s safety culture and programs are continuously focused on each employee being “better today than we were yesterday.”

We are diligent and relentless when it comes to performing daily/weekly safety trainings with our crew foremen and field staff. So much so, that we administer biannual competent person quizzes to each of our Superintendents, Foremen, and random operators and laborers in the field. This competency quiz helps our safety department with actionable data, which allows us to determine focus areas where we need to coach up our staff to improve upon jobsite safety.

Many times J. Derenzo Co. shares a busy construction site with multiple independent subcontractors simultaneously doing both sitework and building construction. Please tell our readers how site safety efforts are coordinated on these large projects.

Crushed Stone & State Specified Dense Graded Base

Manufacturer & Installer of Bituminous Concrete Products:

M.B.S. Construction Services/Paving

Holden Trap Rock Co.

2077 N. Main Street

(Route 122 A)

Holden, MA 01520

Tel: 508-829-5353

Fax: 508-829-9346

Berlin Stone Co.

332 Sawyer Hill Rd.

(off Rt. 62 & 495)

Berlin, MA 01503

Tel: 978-838-9999

Fax: 978-838-9916

Prior to the start of work activities J. Derenzo Co. will participate in several preconstruction meetings held by the general contractor and at times with additional trade partners or sub-contractors involved in the upcoming work. These pre-con meetings help introduce and orientate all companies and their site supervisors performing the various work items, and provide an opportunity to discuss work schedules. Derenzo’s goal is always to effectively produce quality site work for our customer while maintaining compliancy with all applicable safety laws and regulations.

At certain stages of construction or on busy sites where multiple subcontractors are working in proximity, the coordination/safety/progress meetings are held more often.

As a Safety Professional what is your advice to others who might be considering a career in Construction Safety?

Construction Safety is a very satisfying career. Whether you are a recent graduate or an experienced tradesman looking for a change, there are opportunities available to get into the safety business. My advice is to just go for it and embrace the opportunities and potential that this industry has to offer. The construction industry will be here for many years to come, and the growth potential for safety professionals increases more and more each year. n

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UCANE’s 13th Annual Trade Show

Will be held on Tuesday, March 25, 2025 prior to our Forecast Dinner Meeting

Trade Show booths offered at NO COST to Construction

If you are not currently advertising in Construction Outlook, we hope you will consider placing an ad. Our monthly magazine showcases your products and services to contractors and municipal officials who use them. Our Trade Show is a great opportunity to meet with UCANE members and guests face-to-face.

In addition to placing your ad in our magazine, it will also be on our website, and in our monthly e-newsletter. Space is limited, so if you would like to place an ad in our magazine and reserve a booth at our Trade Show, please contact Suzanne Hatch as soon as possible at pgalvin@ucane.com.

2025 Scholarship Applications Available Now

UCANE to Award Twelve Scholarships

WHO IS ELIGIBLE TO APPLY?

• Any child or grandchild of a UCANE member OR an employee of a member in good standing.

• The applicant should be a high school senior who will be enrolling full time in an accredited two- or four-year academic institution for the year beginning in September 2025 OR a current full-time college student who has not previously received a UCANE scholarship.

HOW WILL THE APPLICATION BE JUDGED?

Twelve scholarships will be awarded. Two of the 12 scholarships will be awarded to applicants pursuing a construction related degree. There will be a question on the application to indicate if you believe you are eligible for these scholarships. The other 10 scholarships are open to all other courses of study.

Applications are judged and winners are selected by independent outside educators. Selection will be based on the overall worthiness of the applicant by considering:

1. Scholastic achievement;

2. Interest and effort in preparing for your vocation;

3. Extra-curricular activities at and away from school, including community and religious service;

4. Difficulty of course curriculum and career objectives;

5. Personal recommendations;

6. Thoroughness of the completed application, particularly the essay

HOW WILL THE CONFIDENTIALITY OF THE APPLICATION BE PROTECTED?

Each application is assigned a number. When completed, page 1 of the application, with the name of the applicant, must be detached and sealed in the accompanying envelope. Please be certain to indicate the UCANE firm where you, your parent, or grandparent is employed when applying. The applicant’s name must not appear on any part of the application or attached transcripts and recommendations. After the winning applications have been selected, the envelopes with those corresponding numbers will be opened to identify the award recipients.

WHAT MUST ACCOMPANY THE APPLICATION?

1. A transcript of high school or college grades through the latest period prior to April 14, 2025.

2. A letter of recommendation from the principal or faculty advisor/academic advisor.

3. Additional recommendations from people familiar with the applicant’s ability and character, and from responsible members of the community (optional but recommended).

IMPORTANT - PLEASE NOTE:

In the event the applicant receives a full scholarship from the college of his/her choice, or from any organization, civic group, etc., the UCANE Scholarship will be awarded to another applicant. Applicant’s parent/grandparent must work for a company in the New England Region.

Applications must be received in the UCANE office no later than April 14, 2025. If you have any questions concerning the completion of this applicat ion please contact:

Utility Contractors’ Association of New England, Inc.

300 Congress Street • Suite 101 • Quincy, MA 02169 Tel: 617.471.9955 • Email: pgalvin@ucane.com

UCANE’s 2024 Online Christmas & Holiday Auction

A world of thanks to the following UCANE members and friends who donated cash or provided items to our auction...and to those who purchased auction items.

Governor Healey Issues Executive Order to

Promote Participation by Women and Under-Represented Groups in the Construction Industry

BOSTON – Following the Massachusetts Conference for Women, held in Boston on December 12, 2024, Governor Maura Healey issued Executive Order No.638, which would promote expanding opportunities in the Construction Industry for women, people of color, and other minority groups.

The Massachusetts Conference for Women provides connection, motivation, networking, inspiration and skill building for thousands of women each year. Since the first Conference in 2005, the annual event has grown to a sold-out crowd of more than 15,000 attendees where dozens of expert speakers and political leaders offer advice, workshops, seminars, and opportunities for professional development and personal growth.

According to the Healey administration, women make up just 11% of the construction industry workforce and 4% of trade occupations. “The construction industry offers good-paying jobs and benefits that sustain families…not only is it good for these workers and their families, but it’s also good for our employers and our economy as a whole,” said the Governor.

Healey’s executive order establishes a new “Diverse and Equitable Construction

Workforce Participation Committee,” which will identify and encourage best practices for Massachusetts State agencies to encourage construction companies to develop an equitable workforce, such as:

1. Utilizing registered apprenticeship programs

2. Hiring local businesses as subcontractors and suppliers that have a record of hiring women and underrepresented populations

3. Encouraging contractors to provide supportive services like child care.

Healey signed the executive order alongside U.S. Commerce Secretary and former Rhode Island Governor Gina Raimondo, who has spearheaded President Joe Biden’s effort to expand access to high-quality construction jobs for women and historically underrepresented populations, including minorities, veterans, LGBTQ+, and those with disabilities. n

The Importance of OSHA-Compliant Emergency Action Plans: Protecting Workers in Every Environment

As the recent wildfires across our state has shown us, emergencies can strike at any moment. From fires, natural disasters, medical traumas, and even workplace violence, our workplaces can go from ‘fine’ to ‘crisis’ in a flash. It is both a legal obligation and a moral responsibility for employers to ensure that employees are prepared to respond effectively. The Occupational Safety and Health Administration (OSHA) mandates the implementation of Emergency Action Plans (EAPs) to safeguard workers' lives and reduce the impact of workplace emergencies. Whether on a busy jobsite or in the relative quiet of an office, having a well-crafted, comprehensive plan is critical.

An Emergency Action Plan is a formal, written document required by OSHA for workplaces with more than ten employees. This plan outlines the procedures employees should follow during emergencies. It’s designed to minimize confusion, reduce injuries, and prevent fatalities during unforeseen events. Employers must ensure that EAPs are not only well-documented but also effectively communicated to all workers.

OSHA provides guidance on the types of emergencies an EAP should address. These include:

1. Fires: Office buildings and jobsites are equally vulnerable to fire risks. A plan should include evacuation routes, designated assembly points, and procedures for accounting for all personnel.

2. Medical Emergencies: From a heart attack in the office to a fall on a construction site, immediate response protocols, including contacting emergency services and providing first aid, should be detailed.

3. Natural Disasters: In Massachusetts, this could include intense snow and/or ice storms hurricanes, tornadoes, or floods. Plans should include shelterin-place procedures or evacuation strategies.

4. Workplace Violence or Active Shooter Situations: Guidance on how to lock down, evacuate, or alert authorities is crucial.

5. Hazardous Material Incidents: For workplaces that handle chemicals, procedures for containment, evacuation, and communication with hazardous materials response teams are essential. Emergency planning must account for the unique challenges posed by different work environments.

Safety Corner continued from page 59

Jobsites, particularly in industries like construction or manufacturing, often have a higher risk of accidents due to machinery, tools, and hazardous materials. EAPs for these settings should address:

• Site-Specific Hazards: Protocols for chemical spills, scaffolding collapses, or equipment malfunctions.

• Emergency Equipment: The location and use of fire extinguishers, first aid kits, AEDs, and personal protective equipment (PPE).

• Training for Mobile Teams: Many jobsite workers move from one project to another, so regular training and refresher courses are critical to ensure they understand emergency protocols at each location and how to use any emergency equipment available to them.

While offices may seem safer, they are not immune to emergencies. Plans for office environments should focus on:

• Evacuation Routes and Drills: Clear paths to exits and regular fire drills to keep employees prepared.

• Medical Response: Assigning first aid responders and ensuring access to automated external defibrillators (AEDs).

• Communication Systems: Establishing mass notification systems, such as email alerts or intercom announcements, to quickly disseminate emergency information.

For both jobsites and offices, OSHA recommends that an EAP include the following elements:

• Emergency Reporting Methods: Instructions for contacting local emergency services and alerting onsite response teams. This should include clear directions for the first responders on how to access the jobsite as often the address and access point are different.

• Evacuation Procedures: Clear guidance on when and how to evacuate, including designated escape routes

and assembly areas. For jobsites the evacuation routes need to be updated as the site changes and what was once safe is now its own hazard.

• Employee Accountability: Processes for headcounts and identifying missing individuals during an evacuation. Knowing who does what is critical in an emergency. It saves time and lives.

• Roles and Responsibilities: Designation of emergency response coordinators and their duties, such as assisting disabled individuals or coordinating with first responders.

• Training and Drills: Regular training sessions to familiarize employees with the plan and practice drills to reinforce preparedness. Special training

continued on page 61

Safety Corner continued from page 60

is needed for skills like first aid and CPR or using emergency equipment like fire extinguishers and AEDs.

An effective EAP isn’t a static document. It should evolve with the workplace, accounting for changes in personnel, work environments, or potential hazards. Regular reviews, updates, and training sessions are essential to ensure the plan remains relevant, realistic and actionable.

An OSHA-compliant Emergency Action Plan is more than a regulatory requirement—it’s a lifeline in times of crisis. By addressing a range of emergencies and tailoring the plan to the specific needs of jobsite and office workers, employers can ensure the safety and well-being of their teams. A wellprepared workplace is not just a safer one; it’s a more resilient one, ready to face any challenge that comes its way.

By investing time and effort into creating and maintaining an EAP, businesses not only protect their most valuable assets—their employees—but also demonstrate a commitment to responsibility and care that benefits everyone involved. n

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Federal Appeals Court Ruling Allows Rhode Island to Resume Truck Tolls

A new court ruling appears to give Rhode Island the green light to turn controversial truck tolls back on.

The federal First Circuit Court of Appeals in Boston issued a ruling on December 6, 2024 in the years-long dispute. The question yet to be answered is when the tolls could resume collecting cash for the state.

The tolls were approved by Rhode Island lawmakers in 2016 as a key component to then-Governor Gina Raimondo's RhodeWorks Program to fund repairs on long neglected roads and bridges. Raimondo's argument for the tolls, backed up by studies, was that heavy trucks cause most of the wear and tear on the roadways and should bear the brunt of the cost to fix them.

The overhead toll gantries were turned on in 2018. The American Trucking Association and some trucking companies then sued the state, claiming that the tolls on interstate highways were unconstitutional. In 2022, a federal judge in Rhode Island agreed with the trucking industry, forcing the state to shut off the tolls that had already collected more than $100 million during the four years of use.

The toll gantries have been idle since then, as the state appealed the ruling. As of nearly two years ago, the NBC 10 I-Team reported the state had already spent more than $8 million on outside legal fees in

the truck toll case, but the state gets a win with Friday's reversal.

While ruling the tolls are OK, the appeals court did strike down part of the plan. The judges decided that cap limits placed by Rhode Island’s Legislature on how much truckers could be tolled by day or how many times they go through the tolls, are not legal, because those caps unfairly give an advantage to local truckers who would go through the tolls more often and without paying tolls on some trips.

The trucking industry could appeal to the U.S. Supreme Court.

There would still be the matter of the illegal caps to work out before the tolls could be turned back on. The court’s decision to eliminate toll caps, however, has already drawn criticism from small and local Rhode Island trucking firms that use the toll roads multiple times every day.

In terms of turning the tolls back on for trucks and potentially for non-truck drivers, Governor Dan McKee says: “This is currently being determined. I will be organizing a meeting with the Speaker and Senate President to discuss our options.”

Courtesy of BRIAN CRANDALL, NBC 10 NEWS n

Ohio City Sues Unknown Thief After Sophisticated Cyber-Heist

Athens,

Ohio City Employee Sends out $722,000 Check to Scammers after Receiving Fake Contractor’s Invoice.

In November 2024, Athens, Ohio, officials were victims of a cyber-attack that has the City scrambling to recover $722,000. The cyber criminals began contacting Athens by email on November 14, impersonating contractor Pepper Construction Co., who had a contract with the city to renovate a city building. The cyber criminals, purporting to be the contractor, filled out an electronic payment authorization form provided by [Athens] with fraudulent Automated Clearinghouse (ACH) network instructions, attached a fake invoice from Peppers, and requested payment be sent from the city’s bank account. The city complied.

The city believed it paid the construction group in November, but just days later a city attorney’s office employee discovered the theft, launching both a civil and criminal investigation.

Investigations soon discovered that the email address had a misspelling and was not Pepper’s email address by simply transposing two letters in part of the email address the scammers had the city responding to a fake email instead of a legitimate payment request from the contractor. In the Athens' case, the letters "U" and "C" in the word "construction" were transposed in the email address requesting the money.

City officials have now filed a civil lawsuit in Athens County court seeking to reclaim payment sent to a bank in Louisville, KY, but because they still do not know who sent the cyber-attack email request, their lawsuit was filed against defendants "John Doe and Jane Doe."

"In reliance on the emails and fraudulent ACH instructions, [Athens] effectuated an ACH transfer of $721,976.26 to the Target Account with the intent to pay an invoice owed by [the city] to [Pepper Construction]" on November 18," the lawsuit states

Adam Smith, an attorney with Cleveland law firm McDonald Hopkins filed the suit for Athens, seeking an injunction and freezing the bank account at Republic Bank in Louisville, as well as other relief.

Construction has become a target-rich environment for hackers and cyber criminals because of the

complicated web of transactions with payment and procurement requests coming from parties who often do not personally know each other on projects, particularly those in the public sector.

Although the city of Athens has cyber insurance, it is unknown as yet how much of the losses can be recuperated. Like any claim, how much is covered will depend on the results of the investigation and who is found liable. Depending on policy language, an employee that fails to follow guidance laid out by the employer could put the employee at fault. In some cases, the employee could be considered liable as a result of negligence or performing duties without reasonable care.

The FBI has a specific department called the Recovery Asset Team, or RAT, that is specifically designed to handle these kinds of frauds, be it individual or municipalities or cities. They have a very promising success rate — in 2023 it was 71%. They were involved in about 3,008 incidents, and they were able to freeze about $538 million. But $219 million was still lost to the attackers.

The FBI encourages regular cyber-training to all public and private employees and recommends that businesses and public agencies report these type crimes as soon as possible. The more time that passes, the more likelihood that the assets have been converted to cryptocurrency and chances of recovery decrease. n

Your Company Must Have A Comprehensive Safety Program!

This year’s Safety Manual includes information on:

• Updated DOL Drug Testing information and Updated CDL information

• Massachusetts Safety Standards - COVID-19

• OSHA’s Final Rule on Silica Exposure Limits

• OSHA’s Final Rule on Improved Tracking of Workplace Injuries and Illnesses

• OSHA’s Final Rule on Confined Space in Construction

• OSHA’s New Requirements for Reporting Severe Injuries

Promote A Safe Working Environment

It should be your company’s policy to provide a safe place to work, with the prevention of accidents being your ultimate goal.

Your Insurance/Bonding carrier requires a Safety Program. State and Federal Agencies require a Safety Program.

OSHA

Inspectors Will Be Enforcing:

• Overall Construction Safety (29 CFR 1926)

• Excavating Standards

• Written Safety and Health Plans

• Hazard Communications Programs

• Drug Free Workplace

• OSHA 10-Hour Training Requirements

Examine The UCANE Pocket Directory

When ordering Company Safety Manuals, the Safety Manual section only, in the back of UCANE’s Pocket Directory, will be made up into an individual Employee Pocket Safety Manual with Your Company Name & Logo printed on the cover. Employee signature cards verifying compliance with safety manual procedures are included. When signed, these cards should be placed in each employee’s file.

Employee Pocket Safety Manual Order Form

Company Name:_________________________________ Authorized By:______________________

Pocket Manuals w/ Signature Cards: Qty.__________________ x $4.75 Ea. = $________________

Printing and Set Up Charge for Personalized Covers: $________________ Postage and Handling: $________________ Date:____________ Total: $________________ ❏ Company Logo Enclosed ❏ Company Logo to be mailed ❏ My check is enclosed 65.00 TBD

Water Q uality report: 90% of Cape Cod's tested Coastal embayments are ' unaCCeptable .'

Cape Cod's water quality remains a top environmental problem, with significant worries about the health of coastal embayments and freshwater ponds. At the same time, the region's public drinking water supplies continue to perform well.

Those are the findings of the newly released 2024 State of the Waters: Cape Cod report issued by the Association to Preserve Cape Cod, a non-profit environmental advocacy organization based in Dennis. This is the organization's sixth year of evaluating the quality of the Cape’s coastal and inland water bodies, as well as its public drinking water supplies.

Association President Andrew Gottlieb said the Waquoit Bay system in Falmouth and the Popponesset Bay system in Mashpee and Barnstable "are probably the worst" on the Cape for what are called nutrient loads, the accumulation of nitrogen and phosphorus which lead to algae blooms, robbing the water of oxygen, killing plants and sealife.

Inadequately treated wastewater from septic systems is the main source of nitrogen pouring into the Cape's embayments from sources both upstream of and around them, though stormwater runoff and chemicals from fertilizers play a role.

The Association's report uses data from local organizations, towns and other monitoring agencies to grade water quality. For coastal embayments and freshwater ponds, the grades are either “acceptable” or “unacceptable,” based on specific measures. For public water supplies, grades range from “excellent” to “poor,” based on compliance with state and federal standards.

Coastal embayments: unaCCeptable Q uality Continues

This year's report identifies 43 coastal embayments — representing 90% of those evaluated — with "unacceptable" water quality stemming from heavy concentrations of nitrogen and phosphorus and other pollutants. All embayments on Nantucket Sound, and most in Buzzards Bay, have ongoing unacceptable water quality. And although Cape Cod Bay has four embayments that still have acceptable water quality, the data collected from 226 monitoring stations around the Cape show that no embayments have shown

continued on page 68

significant improvement since 2019, and "the number of embayments with acceptable water quality has steadily declined."

Gottlieb said the assessment is based on data from 2018 and 2022.

"We didn't rescore the marine systems this year because, even though a lot of towns have made investment in wastewater treatment," he said. "They're not far enough along in implementation to actually reduce the load, so the systems that are bad stay bad."

freshWater ponds: limited data , ongoing d eCline

The Cape's freshwater ponds face similar challenges. The report reveals that 28% of the 138 ponds graded in 2024 have unacceptable water quality — a figure that has remained fairly steady over the past six years. While the percentage of ponds with acceptable water quality showed a slight increase in 2024, their overall health remains a concern.

One of the challenges with assessing the region's 890 freshwater ponds is the lack of sufficient water quality data — only 16% are included in the report. Ponds were graded based on the APCC’s cyanobac -

teria monitoring program and the Carlson Trophic Index, which evaluates total phosphorus, chlorophyll and water clarity.

No town on Cape Cod has a comprehensive plan to handle problems with freshwater ponds. The APCC is calling for a greater commitment to monitoring and restoring ponds.

Towns have begun trying to reduce nutrient loading into marine systems and are "headed in the right direction" but ponds remain "the neglected stepchild of the water quality situation. The data shows that our ponds are suffering," Gottlieb said.

publiC Water supplies: a bright s pot

The Association's report found that public drinking water supplies remain in strong shape — 19 of 21 public water supplies received an “excellent” grade for water quality, meeting all state and federal standards, and two received a “good” grade owing to minor detections of total coliform bacteria that were corrected.

The 2024 report also highlights the ongoing issue of per- and polyfluoroalkyl substances, or PFAS, a group of man-made chemicals that have been found in the groundwater of some Cape Cod wells.

continued on page 69

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Cape Cod continued from page 68

While no public water supplies exceeded the state standard for PFAS in 2024, 11 of the 21 water supplies detected some level of PFAS, according to the APCC's findings. Even though these did not exceed the state limit, Gottlieb said the presence of PFAS is troubling and calls for continued monitoring and planning for future treatment.

m oving forWard: immediate aCtions and long -term solutions

Gottlieb called the continued water quality problems "depressing," but not hopeless since the state and towns are trying fix them.

"It's a lot less depressing that it was five years ago," he conceded. "The downside is we've really punished these systems over the years. The good news is the fix is not rocket science — it's just reducing the load from underperforming septic systems."

Although it will take time, Gottlieb said, "evidence from other places shows that it can be done." He gave Boston Harbor as an example — a water body that was considered the dirtiest harbor in the country in the 1980s that is now "relatively clean" as a result of wastewater treatment improvements that went into

What's needed on the Cape, he said, is sustained momentum on improving water quality through wastewater management projects in tandem with conservation projects. As towns implement projects, it's expected that signs of recovery will show in the data that form the Association's annual water quality report.

To review the 2024 State of the Waters: Cape Cod report, visit capecodwaters.org

Written by Heather McCarron Reprinted from the Cape Cod Times.

BUILD WITH US BUILD WITH US

continued on page 70

Cesspools, failed septiC systems must be replaCed in Wellfleet under neW state regs

The Wellfleet Board of Health is working on regulations that would require owners of central district properties with cesspools and failing septic systems to upgrade to innovative/ alternative septic systems.

They shared rationales for proposed regulations and discussed a wide range of issues in a joint meeting with the Selectboard on December 10, 2024.

The need for those regulations comes after the Massachusetts Department of Environmental Protection issued new septic system regulations. The department identified nitrogen sensitive areas on the Cape where nitrogen pollution has degraded coastal waters. Homeowners in affected areas would have to upgrade to innovative/alternative septic systems by July 7,

2030, unless their town gets a Watershed Permit by July 7, 2025.

Wellfleet is working on a watershed management plan, but it will take time to complete. A sewer system is in the works, but the boundaries of the sewer district, and the capacity of a wastewater treatment plant haven’t been determined.

What is known is that Wellfleet Harbor is a designated Area of Critical Environmental Concern and nitrogen is leaching into the harbor from the central district. The nitrogen pollution is threatening the waters and its wealth of natural resources.

“It’s time to begin the clean-up,” said Board of Health Chair Nick Picariello. “The sooner the better continued on page 71

Cape Cod continued from page 70 for everything that lives in the harbor and those who work in the harbor. If the harbor goes, the town is in trouble.”

Septic regulations are the purview of the Board of Health, but Selectboard members peppered them with questions. How could the town ensure residents were treated fairly when required to upgrade? Should a property owner be required to upgrade a system only to have to pay for a sewer hookup when it's available in seven to 10 years? Could the town offset that cost somehow? How would cesspools and failed septic systems be identified? And who would monitor upgrades?

There are 300 to 700 cesspools in Wellfleet according to Health Agent Heath Martinez. The state considers all cesspools failed systems which is why they were targeted first. But finding installers and getting the number of systems necessary to replace them could be a challenge.

One manufacturer Martinez spoke with said the company plans to open an office on the Cape because of the new state regulations. Much of the Cape has been identified as an Area of Critical Concern because of nitrogen pollution in coastal waters. Bulk purchases and installations could bring savings to property owners who need to make improvements.

Wellfleet board ponders provisions for finanCial diffiCulty

Selectboard Vice Chairman Michael DeVasto and member Ryan Curley raised several concerns about the proposed regulations and any future regulations that might be promulgated. Curley said a broader discussion is needed around the sewer district and that the town should make provisions for people in financial difficulty and those with deed restricted affordable properties.

DeVasto said equity is critical in the rollout of the system. He questioned the need for people in the proposed sewer district to have to pay for septic upgrades and then pay for hookups when the sewer lines are complete in seven to 10 years. Innovative/alternative systems can cost tens of thousands of dollars.

The sewer district plan will be ready for presentation in January, according to Picariello. Identifying cesspools and implementing the regulations is at least a start, he said. The board would need to assess the regulations going forward and adapt management plans as needed, he said.

Board of Health Vice Chair Ken Granlund agreed, saying the regulations were a work in progress. “There is an urgency,” said selectboard member Sheila Lyons. “Our water is degrading as we speak.”

Reprinted from the Cape Cod Times. Written by Denise Coffey. n

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