PROCEEDINGS
             VOLUME 2
                    Cleveland-August 3-6,1965
Conference
In the matter of Pollution off
Lake Erie and its Tributaries
U. S DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

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                    CONTENTS

                                                 PAGE:
OPENING STATEMENT
      By Mr. Stein
STATEMENT OF;

GOVERNOR JAMES A. RHODES                          17

REPRESENTATIVE CHARLES A. VANIK                   22

REPRESENTATIVE JOHN D. DINGELL                    54

H. W. POSTON                                      56

DR. CLARENCE M. TARZWELL                          62

GROVER COOK                                       97

STEPHEN MEGREGIAN                                177

GROVER COOK AND STEPHEN MEGREGIAN                272

GEORGE L. HARLOW                                 324

GROVER COOK AND STEPHEN MEGREGIAN                327

COLONEL R. WILSON NEPF                           357

K. L. KOLLAR                                     366

FRED WAMPLER                                     371

CHARLES R. COLLIER                               374

FRED WAMPLER                                     384

ERNEST D.  PREMETZ                                404

FRED WAMPLER                                     429

LORING F.  OEMING                                447

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CONTENTS
STATEMENT OF:
RALPH W. PURDY
FRANK F. HOOPER
LEONARD J. GOODSELL
GERALD GOSHORN
BLUCHER A. POOLS
PERRY E. MILLER
DR. EMMETT W. ARNOLD
GEORGE H. EAGLE
FRED E. MORR
DONALD J. YARK
ROBERT E. FAHEY
A. V. AGNEW
VINCENT M. DeMELTO
RALPH S. LOCHER
VINCENT M. DeMELTO
CHARLES W. LOUNSBURY
PAUL R. PINE
H. L. ALLEN
R. M. WHITT
R. N. SIMONSEN
HAROLD F. ELKIN
OLGA M. MADAR
PAGE:
449
506
514
529
550
553
606
620
743
749
765
779
790
825
855
880
885
895
908
913
929
946

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                   CONTENTS

STATEMENT OF:                                    PAGE:

HERBERT J. DUNSMORE                              964

ANTHONY J. RUSSO                                 990

HARRY L. ALIEN                                   995

HENRY SINKIEWICZ                                1001

JOHN PILCH                                      1004

ARVO E. SUNDBERG                                1024

STEPHEN A. KAUFMAN                              1032

JOHN W. TALBERT, JR.                            1038

GEORGE H. WATKINS                               1043

VERNE L. HARRIS                                 1051

MRS. HOWARD  MOORE                               1056

DAVID BLAUSHILD                                 1065

REV. ANDREW  W. SMITH                           1075

HARRIET ROTH PARSONS                           1079

JOHN J. GARNER                                 1084
 CLOSING STATEMENT
      By Mr.  Stein                               1089

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                                                       231




                  Stephen Megregian




Economic Aspects




             Although the Cuyahoga Basin contains only



three per cent of the land in the Lake Erie Basin, its



1.9 million people represent nineteen per cent of the



total population.  Forty-nine municipalities wholly or



partly within the basin contribute heavily to this total.




A steady growth pattern since 1900 indicates that by



the year 2000 the population will have climbed over



three million.  Cleveland and Akron are the principal



cities with populations of 876,000 and 290,000, respective-




ly.



             The economic growth expected within the



basin should follow the increasing population.



             The Cleveland area is one of the greatest



steel producing and fabricating areas in the world, and



Akron supplies 75 per cent of the world's rubber tire



needs.  In addition to these two industries, automotive



manufacturing and chemical industries play a large role



in the economy of the basino  These industries account



for over 225,000 jobs.  There are more than 65 industries



operating within the Cuyahoga Basin and along the ad-




jacent lakefronto



             Cleveland is a major Great Lakes shipping



port with well developed dock and storage facilities.

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                                                       232




                  Stephen Megregian



The principal commodities handled are iron ore, coal,



sand, gravel, and limestone.








Water Uses




                     Municipal



             From its headwaters downstream to Lake Rock-



well, the Cuyahoga River supplies 50 mgd to the city of



Akron's filtration plant.  At Cuyahoga Falls, the only



other municipal user, the river recharges a well water



supply system during periods of high flow.








                     Industrial



             In the upstream portion of the basin, indus-



trial well fields tap underground supplies 18 mgd at



Akron, Cuyahoga Falls, and Kent.  Surface water meets



another 200 mgd industrial demand in this area.  Between



Akron and the navigation channel in Cleveland, 120 mgd



are withdrawn for varied manufacturing purposes.



             Water supplied from the navigation channel



is 300 mgd, but this cannot be directly attributed to



river yield since the water levels in this section are



determined by lake elevations.

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                                                       233




                  Stephen Megregian




                 Waterborne Commerce




             The Corps of Engineers, U. S. Army, reported




that in 1962 over 16 million tons of cargo moved through




the port of Cleveland.  Iron ore and related materials




for the steel industry, petroleum products, and materials




for the chemical industry were the major types of cargo




shipped through Cleveland.








                     Recreation




             The upstream sections of the river are used




for fishing and boating.  This area supports many species



of fish.  Below Lake Rockwell, the species of fish become




less desirable and the quantities decrease.  Reaches of




the river below Akron are unsuitable for all types of




water recreation.



             Along the Cleveland metropolitan lakefront




there are 10 public beaches and several boat marinas <>




The city has adopted a "swim if you must" bathing beach




policy, because of the high coliform densities in the



nearshore zone.








                        Rural




             In rural areas, the primary water supplies




are drilled wells.  Most of the farms support dairy herds.

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                                                       234



                  Stephen Megregian



Water used for irrigation is negligible.








                      Esthetics



             Debris-filled, oil-slicked, dirty-looking



waterways defines the Cuyahoga River at any place along



its course.  Some reaches are blocked completely by



dead trees and stumps, while the banks are dotted with



many small dumps.  Trash ranging from tin cans to re-



frigerators is a common sight in the river.  In the



navigation channel where the Cuyahoga flows through



Cleveland even more debris exists and the water surface



often becomes black with oil from the industrial outfalls.



As long as these situations remain, the Cuyahoga will be



a liability to the cities it serves and adjacent property



owners, instead of an asset.



             The lakefront is littered with debris.  The



discolored water and floating debris, particularly behind



the Federal breakwater, have reduced the esthetic value



usually associated with the free, limitless beauty of a



natural body of water.  The debris consists of discarded



lumber, tree limbs, metal cans, paper products, dead



fish, oil slicks, grease, and scum.

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                                                       235




                  Stephen Megregian




Sources of Wastes



             Thirty-five sewage treatment plants dis-



charge to the Cuyahoga River.  There are 1,124,000 PE




served by 33 secondary treatment plants and 29,000 people



served by 4 primary plants.  Thirty-five thousand people



are not served by any central treatment plant at all.



             Cleveland's Southerly Sewage Treatment Plant



and Akron's Water Pollution Control Station, which to-



gether treat the wastes from 1,000,000 PE, have been



classified inadequate by the Ohio Department of Health.



Of the 41 industries located within the basin, 19 have



inadequate treatment facilities, according to the Ohio




Department of Health.



             The average daily loads to the navigation



channel at Cleveland are as follows:  80,000 Ibs./day



BOD; 3,500 Ibs./day phosphate; 42,500 Ibs./day ammonia



nitrogen; 9,100 Ibs./day nitrate-nitrogen; and 104 Ibs./day



phenols.



             There are three large sewage treatment plants



that discharge directly to the Lake along the Cleveland



waterfront.



             There are 1,000,000 people served by the



Cleveland Easterly Plant (secondary treatment) and 364,000




people served by the primary sewage treatment facilities

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                                                       236



                  Stephen Megregian



of Cleveland Westerly and Euclid.




             Most industries in the lakefront area dis-



charge to sanitary sewers.  There are two industries



under permit to the State of Ohio to discharge directly



to the Lake or to the small streams which drain eastern



Cleveland.  However, there are 20 known industries that




discharge to the Greater Cleveland Lakefront.  The pol-



lutional significance of these discharges has not been



determined.



             A substantial portion of the City of Cleve-



land is served by a combined sewer system.  With the



construction of sewage treatment plants, combined sewers



were connected to new interceptor sewers to collect the



dry weather flow with some allowance for storm waters.



Overflow structures were provided at most junctures



between the combined sewers and the interceptor so that



heavy  storm water flows would discharge directly to the



nearest water course.



             The City of Cleveland has approximately



383 combined sewer overflow structures which discharge



sewage and industrial wastes mixed with storm water



during periods of storm runoff.  There are more than



one hundred and thirty stornTwater overflow devices



that discharge to the Lake or small streams  in eastern

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                                                       237



                  Stephen Megregian




Cleveland.  Over two hundred and fifty additional over-



flow devices discharge to the Cuyahoga River or small



tributaries.  A number of these overflow structures are



continually malfunctioning and contribute a significant



amount of sewage to the lakefront area.








Effects of Wastes on Water Quality and Water Uses -



Cuvahoga River



                DO-BOD Relationships



             The dissolved oxygen concentration was



critically low below Kent, Akron, and in the navigational



channel in Cleveland.  During 1964, oxygen concentrations




downstream from Kent's sewage treatment plant ranged from



a high of 9.25 mg/1 in the winter to a low of 0.05 mg/1



in the summer0  The DO below Akron's water pollution con-



trol station varied from 0.45 to 5.85 mg/1.  In the navi-



gation channel which is below Cleveland's Southerly Treat-



ment Plant and amid the industrial complex> values ranged



between zero mg/1 and 1.20 mg/1.  The five-day biochemical



oxygen demands (BOD) averaged 10.2 mg/1, 11.30 mg/1 and



8.9 mg/1, respectively, for these areas.  Bottom dwelling



animals were limited to midge larvae and sludgeworms in



this section at the mouth of the river.



             Dugway Brook and Nine-mile Creek were sampled

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                                                       238

                  Stephen Megregian

several times in 1963 and 1964 and showed indications of

pollution.  The dissolved oxygen was generally zero and

the BOD varied from 9 to 30 mg/1.
                                            >


                       Phenols

             In 1964 phenol concentration increased from

Lake Rockwell to Lake Erie.  The concentration averaged

1.8 micrograms per liter at Lake Rockwell, 7.2 micrograms

per liter at Akron, and 20.8 micrograms per liter at

Cleveland during the summer of 1964.  In the navigation

channel, phenol averaged 58.0 micrograms per liter and

the maximum was 175 micrograms per liter.



               Algae and Aquatic Plants

             In the impounded waters above Kent, and

between Kent and Akron, there are prolific growths of

algae and aquatic weeds which create a nuisance condition

and degrade the esthetic value of the river.  Decomposi-

tion of these growths which are nourished by the effluents

from the sewage treatment plants of Ravenna, Kent, and

Stow exert an oxygen demand on the river.

             The waters flowing from Lake Rockwell sup-

port a clean water community of bottom dwelling animals.

Below Kent the population shifts to the pollution-tolerant

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                                                       239



                  Stephen Megregian




forms.  Only pollution-tolerant forms were found between



Kent and the lower river.  In the lower Cuyahoga condi-



tions were so severe that even the most tolerant forms



were totally absent.








                   Microbiological



             Excessive bacterial pollution of the Cuya-




hoga exists from its headwaters to its mouth.  Median



total coliform values per 100 ml ranged from a low of



9,200 organisms at Lake Rockwell to a high of 470,000



organisms at the head of the navigation channel.  The



fecal coliform to fecal streptococcus ratio varied from



1:1 to 10:1, indicating pollution from human origin.



The human enteric pathogen study conducted in the Cleve-



land area showed 14 different species of Salmonella



organisms.  Salmonella was detected in 65 per cent of



the samples.  These observations confirm the health



hazard to humans contacting these highly polluted waters.







                   Debris and Oil



             The fallen trees, trash, and debris make



the waterway unsightly and unusable at many locations.



Removal of this foreign material would permit more ex-



tensive boating in the upper reaches.  The debris along

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                                                       240



                  Stephen Megregian




the lakefront detracts from the natural beauty of Lake



Erie and is hazardous to the many boaters on the Lake.



             The oil on the surface of the river through-




out the navigation channel has fueled some large fires



in the lower river.  The problem has reached such pro-



portion that fire breaks have been built to separate the



surface waters into sections so that oil fires can be



held within a certain area.








  Effects of Wastes on Lakefront Water Quality and



                     Water Uses



             The breakwater acts as a holding basin for



Cuyahoga River water.  Depending on wind direction,



water flows out of the breakwater through either the



north or east outlets.  Water within this basin tends



to be of uniformly poor quality with relatively higher



concentrations of chemical and microbiological pollutants



nearer the river mouth.



             At the river-Lake junction, dispersion or



dilution of river water takes place.  The dissolved oxy-



gen values approach saturation, and other substances



approach background concentrations of the Lake.  Conduc-



tivity values show no appreciable concentration gradients




one-half mile beyond  the breakwall.

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                                                       241



                  Stephen Megregian




             The coliform concentrations decreased from



a median of 470,000 organisms per 100 ml at the head of




the navigation channel to about 5,000 per 100 ml at the



mouth of the breakwall»  All stations inside the break-



water exhibited a very limited variety of tolerant bottom



animals.  Only sludgeworms, fingernail clams, nematodes,



and bloodworms were found in this area»  Sludgeworms,



which thrive on organic matter, averaged 400,000 per



square meter in the harbor.  Outside the breakwater a



slightly more diverse fauna was found which included



less tolerant leeches, pulmonate and gill-breathing



snails, and aquatic sowbugs in addition to the forms



found inside the breakwater.  No sensitive mayfly nymphs,



caddis fly larvae, scuds and unionid clams were found



at any of the stations sampled.  The bottom type, depth,



and temperature here are suitable for all of these in-



tolerant groups, and they occur under similar conditions



in other parts of Lake Erie.



             The U. S. Corps of Engineers routinely



dredge the shipping channels in Cleveland Harbor and



the Cuyahoga River0  The material dredged from these



areas until recently was deposited about eight miles out



in the Lake but is now deposited on an experimental basis



near the north side of the east breakwall.  A narrow band

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                                                       242



                  Stephen Megregian




microbiologically polluted water exists along the shore




and behind the breakwater.  There is a sharp break be-



tween this band and the offshore waters, rather than a



gradual dispersion.  Thus a condition exists where the



beach areas are highly polluted, while the water a dis-



tance of one-half mile from shore is suitable for recrea-



tion and other purposes.




             The results of a microbiological study of



bathing beach areas this past summer by the Cities of



Cleveland and Euclid and the Public Health Service are



summarized below,.  Median values are recorded in this



table.  These data show the high counts observed on all



beaches and these beaches all remained open during the



study periodo

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                                                       244




                  Stephen Megregian








                    EASTERN OHIO



Area Description




             The principal tributaries to Lake Erie in



Northeastern Ohio are the Grand River, Ashtabula River,




and Conneaut Creek.  The combined drainage basins cover



an area of 1,208 square miles, of which 86 per cent is



ruralo  The population of 180,000 is concentrated along



Lake Erie and in Lake County.  Manufacturers of chemical



and allied products and other diversified industries are



found near the mouth of the three major streams.  The




ports of Fairport Harbor, Ashtabula and Conneaut, at



the mouth of the three major streams, handle 11 per



cent of Lake Erie commerce.  Dairying, greenhouses, and



nurseries are prominent agricultural pursuits in the



basin,








                   (Figure VI-1 follows.)

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                    245
EASTERN OHIO  BASIN
          FIGURE 3ZT - I

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                                                       246
                  Stephen Megregian
Water Uses
                Municipal Water Supply
Lake Erie provides 83 per cent of the municipal water
supply in the Basin.  Only two communities, Geneva and
Jefferson, withdraw municipal water from inland surface
streams.  These communities located in the Grand River
Basin, withdraw 0.9 mgd from the Grand River and 0.25
mgs from Mill Creek, respectively.  Only 1.43 mgd of
municipal water supplies are taken from ground water„

                 Industrial Water Use
             Industrial water use in the Northeastern
Ohio Basin totaled 290 mgd in 1955 and water used in
power generation (exclusive of hydroelectric power)
totaled 540 mgd.  Primary metal industries used 180 mgd,
60 per cent, chemical and allied products industries
used 109 mgd, 37 per cent total.  Lake Erie furnished
98 per cent of the industrial water use.  Sixty-six per
cent was used by industries at Fairport Harbor.  The
major industrial water supply withdrawn from surface
streams was taken from the Grand River at the city of
Grand River.  Cooling water accounted for 93 per cent
of industrial water usage.

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                                                       247
                  Stephen Megregian
                Shoreline Recreation
The five main shoreline recreation areas in Lake County
are Mentor Township Park, Headlands State Park, Fairport
Beach, Painesville Township Park, and Madison Township
Park.  These beach areas are used for swimming, boating,
water skiing, and fishing.  These beaches serve the
people of Cleveland and its suburbs as well as local
residents.  This area has partially replaced the Cleve-
land lakefront as a recreation center.
             In the summer of 1964, the Lake County
Health Department conducted a study of these five beach
areaso  The median coliform densities ranged from 130
to 1,000 organisms per 100 ml at Headlands State Park
and Painesville Township Park, respectively.  It was
found in many cases that the coliform density increased
during periods of rainfall and high or gusty winds.

Principal Sources of Waste
             A total of 113,000 population equivalents
(PE) of municipal waste is treated by 10 secondary and
11 primary sewage treatment plants.  Of this total,
94,000 PE are treated by facilities tributary directly
to Lake Erie.  Approximately 38,000 people use septic
tank disposal systems.

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                                                       248
                  Stephen Megregian
             Principal discharges directly to Lake Erie
are from the lakefront communities of Ashtabula and
Conneaut and from two Lake County sewer districts.  All
employ primary waste treatment.
             All inland and upstream municipal discharges,
except in Fairport Harbor and Painesville, are minor be-
cause of small population centers, secondary treatment,
or discharge to the ground.
             Data on the discharges of industrial wastes
to the Eastern Ohio tributaries are not complete.  From
partial data obtained from the Ohio State Department of
Health, 19 principal industrial discharges have been
tabulated.
             Chemical industries of the Basin are en-
gaged in processing sodium chloride and related products,
and primary metals such as titanium and aluminums  They
discharge an undetermined amount of chloride, metals,
and other chemicals to the surface streams.
             Except for chemical industries, the only
major water user is a synthetic textile plant, the
Industrial Rayon Company, which discharges its wastes
to Lake Erie.  The flow reported for this industry is
3.5 mgd and the discharge contains approximately 20
tons/day of total solids, 800 pounds per day of BOD,

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                                                       249
                  Stephen Megregian
along with metals, oil, and other chemicals.
             Waste discharges from metal finishing opera-
tions in the Basin are minor in flow quantities, compared
to the chemical and synthetic textile industries, but
improperly treated wastes are extremely toxic.  They
consist of acid and alkaline cleaning compounds, cyanide,
chrome, and other heavy metals.  The industries discharge
to minor tributaries of Lake Erie where little flow is
available for dilution.

                     Grand River
             Three municipal treatment plants provide
primary treatment for 19,500 PE, and three plants pro-
vide secondary treatment for 6,000 PE in the Grand River
Basin.  A total of 6,800 people in 14 communities are
not served by collection and treatment systems.
             Six major industries also discharge to the
Grand River.  These are:  Diamond Alkali Company; Calhio
Chemicals; Naugatuck Chemical; Metal Craft Company;
A. E. Staley Manufacturing Company; and Welded Tubes,
Incorporated.
             In addition to process chemicals, the major
contributions of these industries are chlorides and
solids.  The industrial waste data are inadequate to

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                                                       250
                  Stephen Megregian
make an estimate of the loads contributed by these indus-
tries.
             It is estimated that 94 mgd of the industrial
water is returned to the Grand River, approximately 83
per cent is used as cooling water.

                   Ashtabula River
             There are no sewerage systems discharging
to the Ashtabula River.  A total of 1,100 people in
three Ohio communities have no central treatment.  The
City of Ashtabula treats 16,000 PE with primary treat-
ment and discharges to Lake Erie.
             Nine major industries discharge to Fields
Brook which is tributary to the Ashtabula River in the
City of Ashtabula.  These industries are:  Olin Mathieson;
Cabot Titania Corporation Titania Dioxide Plant; Titania
Tetrachloride Plant; Detrex Chemical Industries, Chlorin-
ated Solvents Division; Reactive Metals Sodium and Chlor-
ine Plant; Reactive Metals Metal Reduction Plant; Reactive
Metals Extrusion Plant; Diamond Alkali Company; and Gen-
eral Tire and Rubber Company, Chemical Division.

                   Conneaut Creek
             Four municipal treatment plants, all in

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                                                       251



                  Stephen Megregian



Pennsylvania, provide secondary treatment for 2,400 PE



and discharge to Conneaut Creek.  Five communities



(7,200 people) are not served by sewerage systems.



Two communities (5,100 people) are in Ohio and the three



communities (2,100 people) are in Pennsylvania.



             One major industry, Albro Packing Company



in Springboro, Pennsylvania, is located in the Conneaut



Creek basin.








               Total Loads to Lake Erie



             The load contributed by the Grand River,



as measured bi-weekly for one year at 2.3 miles above



the mouth, is presented below.



                                         Average



                                      Pounds per Pay



     Chlorides                          2,200,000



     Biochemical Oxygen Demand              7,000



     Phenols                                   75



     Nitrogen Compounds                     3,970







             The actual load to Lake Erie is greater



because an undetermined quantity of industrial wastes



is discharged to the river below this sampling station.



The flow could be as great as 100 mgd.

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                                                       252
                  Stephen Megregian
             Loads from the Ashtabula River at the
sampling station 3.3 miles from the mouth are as follows:

                                       Pounds per Day
     Chlorides                             17,000
     Biochemical Oxygen Demand             13,000
     Phenols                                    1
     Phosphate                                 55
     Nitrogen Compounds                       310

             Again, the actual load to Lake Erie is
greater because an undetermined quantity of industrial
wastes is discharged to this river below this sampling
station.

Effects of Wastes on Water Quality
                     Grand River
             The lower three miles of the river are
brightly colored, with hues ranging from bright green
and yellow to black.  The green and yellow colors re-
sult from chemical discharges, but the black color is
attributed to fly ash discharges.  The banks of the
river in this reach are covered with a white sediment,
from chemical discharges.

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                                                       253
                  Stephen Megregian
             Chloride concentrations of 3,620 mg/1 and
5,260 mg/1 were found during the summer and fall of
1964, respectively, at mile point 2.3.  This station is
below the discharges of several large chemical indus-
tries.  Above these industrial discharges the chloride
concentrations were 40 mg/1 and 44 mg/1, respectively.
             The degradation of the Grand River is objec-
tionable because the polluted water flows through an
expanding urban area at the river mouth.  The same sedi-
ments that were found along the river bank were also
found on the sides of pleasure boats.
             Coliform densities, less than 1,000 per
100 ml at the mouth of the river, do not indicate a
health hazard.  No dissolved oxygen problems were found
in the chemically polluted Grand River and the highest
seasonal BOD was only 5.0 mg/1.  Median total coliform
densities were found to be below 10,000 per 100 ml ex-
cept immediately below the Fairport Harbor and Paines-
ville sewage treatment plants where the median values
were 67,000 and 150,000 per 100 ml during the summer
and fall, respectively.
             Between Painesville and the river mouth
bottom dwelling organisms were limited to pollution-
tolerant sludgeworms and bloodworms.

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                                                       254



                  Stephen Megregian



                   Ashtabula River




             Above the city, the lowest dissolved oxygen



concentration found was 6.6 mg/1 and BOD averaged less



than 2.9 mg/1,,  Median coliform densities in summer and



fall were under 7,900 per 100 ml and under 750 per 100



ml in the winter and spring.




             Median coliform densities of 43,000 and



250,000 per 100 ml were found at mile point 0.7 during



the summer and fall.



             The chemical and allied products industries



at Ashtabula discharge their wastes into a large marshy



area of Fields Brook creating a severe problem.



             The dissolved oxygen concentration at mile



point 2.3 was below 4 mg/1 25 per cent of the time during



the summer, the lowest was 1.2 mg/1.  The BOD average



was 10 mg/1 during October and November.  Both of these



conditions were obtained during the extremely low flow,



7 cfs, during the summer and 3 cfs during October and



November.








                   Conneaut Creek



             The only municipal waste discharges to



Conneaut Creek are two secondary treatment plants in




Pennsylvania which discharge only a total of 60 pounds

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                                                       255




                  Stephen Megregian




of BOD per day.



             A meat packing operation at Springboro,



Pennsylvania, discharges approximately 140 pounds of



BOD per day from a secondary treatment plant.






                   Effects on Lake



             The effect of the Grand River on Lake Erie



is noticeable up to two miles from shore.  Sampling data



indicate that there is density stratification as it en-




ters the lake.  Chloride concentrations which are high



in the river averaged 107 mg/1 at the entrance to the



harbor and 40 to 50 mg/1 outside the breakwall at the



upper layer.



             The Ashtabula River exerts an influence on




the Lake as far as 1.5 miles from the river mouth, as



evidenced by coliform levels.  The median total coliform



densities decreased from 41,000 to 150 per 100 ml.  Off-



shore from Ashtabula, total coliform values in Lake Erie



were less than 1 per 100 ml 60 per cent of the time.



Within the harbor, median coliform densities were below



1,500 per 100 ml.



             A median coliform value of 2,800 per 100 ml



was found at the station offshore from the Ashtabula



Sewage Treatment Plant.



             The bottom dwelling animals outside of the

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                                                      256



                  Stephen Megregian



harbor were similar in both number and kinds to adjacent



inshore areas and no evidence of the River's effect



could be determined more than half a mile from the mouth.




             Generally, the waters of Lake Erie beaches



in eastern Ohio are of satisfactory bacterial quality.








        DETROIT RIVER AND MICHIGAN TRIBUTARIES



             Pollution of the Detroit River and Michigan



waters of Lake Erie has been the subject of previous




enforcement conferences.  Specific recommendations were



developed by the Detroit River-Lake Erie Project for



all known sources of municipal and industrial wastes



in the conference area.  At the conference session




held June 15-18, 1965, the Michigan Water Resources



Commission agreed to implement the recommendations of



the U. S. Department of Health, Education, and Welfare,



as contained in the "Report on Pollution of the Detroit



River, Michigan Waters of Lake Erie, and their Tribu-



taries," April 1965.



             The material in this chapter is an abstract



of the "Summary, Conclusions and Recommendations" volume



of that report.



             MR. STEIN:  Mr. Megregian, since the Detroit




River is the subject of another conference, and this is

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                                                       257
                  Stephen Megregian
an abstract of a record already made, I wonder if, in
the interests of time, could you just put this into the
record?
             MR0 MEGREGIAN:  That is entirely up to you.
             MR. STEIN:  May I suggest we do that, and
this will appear as if read in the record, because this
has already been discussed.
             MR* MEGREGIAN:  All right.

             (The following is a continuation of Chapter
              VII of the report:)

Description of the Area
             The Detroit River, the Huron River, and
the Raisin River are the principal Michigan tributaries
to Lake Erie.  The Detroit River is the connecting water-
way between Lake St. Glair and Lake Erie, and is the
International Boundary between the United States and
Canada.  The Detroit River flows in a southwesterly,
then a southerly direction for about 31 miles from Wind-
mill Point to its mouth at Lake Erie.  The major tributary
to the Detroit River is the Rouge River which discharges
at Zug Island.  The Huron River begins west of Detroit
and flows in a southwesterly, then a southeasterly

-------
                                                       258
                  Stephen Megregian
direction to its mouth at Pointe Mouilee near the mouth
of the Detroit River.  The Raisin River begins about
50 miles due west of Monroe and discharges to Lake Erie
just below Monroe.
             The Detroit River, outstanding among great
waterways of the world, performs a number of important
functions for the area.  It provides a shipping channel
for the heavy traffic through the Great Lakes, provides
vast quantities of water for municipal and industrial
purposes, and receives large volumes of untreated and
partially treated sewage and industrial wastes.  The
Detroit River also provides, potentially, excellent
opportunities for recreation„
             The Detroit, Huron, and Raisin River Basin
has a population of over 3.8 million people and a drain-
age area of 2,000 square miles.  This area serves three
important economic functions:  agriculture, industry,
and recreation.  The inland area of the basin as well
as the land bordering the western edge of Lake Erie is
used for farming and recreation.,  There are at least
18 recreational areas and 63 marina facilities located
along the Detroit River and the Michigan portion of
Lake Erie.  The Detroit area has developed into one of
the most important industrial centers in the world.  The

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                                                       259



                  Stephen Megregian




automobile industry has been responsible for the rapid



industrial growth in the Detroit area over the past 30



to 40 years, bringing in many related industries.
                  (Figure VII-1 follows.)

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                                                       260
                                         DETROIT   ))  /
                                  MICHIGAN  BASIN
SCALE IN  MILES
                                          FIGURE 3Zff -

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                                                       261
                  Stephen Megregian
Sources of Wastes
             Every day more than 1.6 billion gallons of
processing and cooling water flow into the Detroit
River — 1.1 billion gallons from industry and 540 mil-
lion gallons from Municipal sewage treatment plants.
Huge quantities of waste constituents contained in this
discharge change the Detroit River from a basically
clean body of water at its head to a polluted one in
its lower reaches.  These waters are polluted bacteriol-
ogically, chemically, physically, and biologically, and
contain excessive coliform densities as well as excessive
quantities of phenols, iron, oil, ammonia, suspended
solids, settleable solids, chlorides, nitrogen compounds,
and phosphates.
             The City of Detroit's main sewage treatment
plant, serving more than 90 per cent of the people in
the area, contributes 95 per cent of the municipal waste
to the Detroit River and is also the major source of sus-
pended solids, phenols, oil, inorganic nitrogen, phos-
phates, and biochemical oxygen demand in the river.
Overflows from combined sewers in Detroit and its suburbs,
carrying both stormwater and raw sewage, contribute to
the degradation of the river.
             In the upper Detroit River, the Great Lakes

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                                                       262
                  Stephen Megregian
Steel Company and the Allied Chemical Corporation are
the major sources of industrial wastes.   The Ford Motor
Company is the principal contributor of  inorganic wastes
to the Rouge River, and the Scott Paper  Company is the
principal contributor  of organic wastes.  Downriver
industries contributing significant quantities of wastes
are the Great Lakes Steel Corporation, the McLouth Steel
Corporation, Pennsalt Chemical Corporation, and Wyan-
dotte Chemical Corporation.  On the Raisin River the
leading polluters are the two Consolidated Paper Company
mills, Monroe Paper Products Company, and the Union Bag-
Camp Paper Company.
             Other significant sources of pollution in
the study area are overflows from combined sewers, muni-
cipal and industrial waste spills, and wastes from shore-
front homes.

Effects of Wastes on Water Quality and Water Uses
             Pollution of the Detroit River causes inter-
ference with municipal water supply, recreation, fish
and wildlife propagation, and navigation.  Two municipal
water intakes are endangered by the high bacterial counts
of the river.  The rising chloride levels indicate poten-
tial future problems for industrial water usage.  In

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                                                       263
                  Stephen Megregian
addition, high concentrations of phenols and ammonia at
the Wyandotte water intake have interfered with municipal
water treatment by causing taste and odor problems and
reducing the effectiveness of chlorination.  Excessive
quantities of chlorine are needed to reduce bacteria to
a safe level.
             All forms of water contact sports in the
lower Detroit River are hazardous.  Declining levels of
dissolved oxygen in the lower Detroit River as it enters
Lake Erie represent a threat to future water uses.
Bottom sludge deposits, oil, and toxic materials threaten
fish, migratory birds, and other wildlife.  In order to
maintain navigation, extensive annual dredging is re-
quired at the junction of the Rouge and Detroit Rivers
and at the mouths of the Detroit and Raisin Rivers to
remove deposits of suspended solids in large part origin
ating in municipal and industrial waste discharges.
             The Huron River carries significant quan-
tities of coliform organisms, nitrates, and phosphates.
It discharges into a large marsh at Pointe Mouillee
with no clear dispersion into Lake Erie.  The marsh is
subject to backwater from the Detroit River.  The back-
water and the long retention of pollutants in the marsh
tend to mask the effect of the Huron River on Lake Erie.

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                                                       264



               Stephen Megregian




           The lower Raisin River is frequently devoid




of dissolved oxygen, resulting in a continuous state of




putrefaction during the summer months.  All uses of the




lower Raisin River except waste disposal and navigation




have been eliminated by pollution and deposits of settleable




solids.  Navigation is also hampered, and extensive




annual dredging is required to remove deposited wastes




to keep the channels open for routine ship movement.




Bacterial counts in the lower River make any recreational



use of the water hazardous.  The detrimental effect of




the Raisin River upon Lake Erie contributes to the




enrichment of the waters of the western basin and the




high coliform levels at bathing beaches nearby, including




Sterling State Park.



           The Michigan waters of Lake Erie have two




major zones of pollution -- one in the vicinity of the



mouth of the Detroit River, and one near the mouth of the




Raisin River.  Bacteriological densities in the Lake




from the mouth of the Detroit River to a point 2 or




3 miles south make the water unfit for recreational use;




following heavy rainfall in the Detroit area, this zone




is extended southward to Stony Point. Concentration



of chlorides, metals toxic to fish life in minute




concentrations, and suspended solids in the Lake portend

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                                                       265
                  Stephen Megregian
future problems with various water uses.
             Pollution stimulated algal growths have
forced Monroe to move its water intake point to avoid
unpleasant tastes and odors in the water, and algal
blooms near the new intake again threaten to degrade
Monroe's drinking water.  Discharges of nutrients and
organic wastes into the Michigan part of Lake Erie have
speeded the enrichment of that portion of the Lake.
             Water at Sterling State Park is erratically
polluted, and this area occasionally has coliform counts
exceeding 100,000 organisms per 100 ml.  The Raisin River
was found to be the chief source of this pollution; when
Lake currents are northerly (40 to 457o of the time) ,
polluted Raisin River water is carried directly to the
beaches.  When currents are southerly, drainage from
malfunctioning septic tanks and wastes from Sandy Creek
and Stony Creek north of the Park affect the beach water.
             Adverse effects of stormwater overflow on
water quality were found in the Detroit River and Michi-
gan waters of Lake Erie.  During and after heavy rain-
falls, sewage plants bypass untreated wastes directly
to the rivers, and this can be expected to occur 33 to
45 days a year.  The overflows average 8.2 hours and
have lasted as long as 5 days.  Bacteria in storm over-

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                                                       266



                  Stephen Megregian




flows often approached the densities found in raw sewage,




with counts as high as 100 million per 100 ml.  Storm-




caused overflows alone are responsible for the discharge



of 5 billion gallons of raw sewage to the Detroit River



yearly.
             MR. MEGREGIAN:  I would like to add one more




to the record.




             MR. STEIN:  All righto




             MR. MEGREGIAN:  I believe the printed report




that you have omitted the discussion of the general




recommendations that were contained in that report,



which we intended to include in our reading today.




             I would like to have that part included.




             MR. STEIN:  Where is that?




             MR. MEGREGIAN:  It starts at Page 102.




             MR. STEIN:  We don't have that.  Do you



want to add something?




             MR. MEGREGIAN:  Yes.




             MR. STEIN:  All right, go ahead if you have




something.




             MR. POSTON:  I think what Mr. Megregian

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                                                       267
                  Stephen Megregian
intends to insert here are the conclusions and the sum-
mary of the Detroit conference as agreed upon by the
conferees at that conference.
             MR. STEIN:   Go ahead.
             MR. MEGREGIAN:  The part that I would add
is not included in the report as printed.
             MR. STEIN:   All right, you read that.
             MR. MEGREGIAN:  All right.
Recommended Actions
             The General Recommendations contained in
the "Summary, Conclusions, and Recommendations" volume
of the "Report on Pollution of the Detroit River,
Michigan Waters of Lake Erie, and their Tributaries,"
Department of Health, Education, and Welfare, April
1965, were as follows:
             It is recommended that:
             1.   All municipalities provide a minimum
                  of secondary treatment plus adequate
                  disinfection of the effluent.
             2.   Sewerage systems with collection sewers
                  terminating in adequate treatment fa-
                  cilities be provided in those areas along
                  the Michigan shore of Lake Erie and the
                  Detroit River where sewers do not now

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                                                       268
                  Stephen Megregian
                  exist and homes discharge either raw
                  wastes or septic tanks effluent to --
             MR. STEIN:  Mr. Megregian, you are giving
the recommendations in the report.
             MR. MEGREGIAN:  That is correct.
             MR. STEIN:  Both of the conferees have dis-
cussed this here.  I think this conference did come up
with recommendations and conclusions.  Maybe the record
should stand on that, rather than doing this on an in-
terim basis now.
             I think we have fairly well disposed of
the conclusions in the Detroit aspects of the case.  I
might mention that Michigan and the Federal Government
were unanimous in that case.
             We have an active program going on to abate
pollution.  Mr. Oeming, head of the Michigan program, is
at my left.  If anyone is interested, we or Mr. Oeming
will be happy to make these conclusions available, but
I think you are plowing the same ground, Mr. Megregian,
if you go over that.
             MR. MEGREGIAN:  The reason I wanted to in-
clude it here was because we were not going to repeat
this in the general recommendations for the basin area.
             However, it is entirely up to the conferees,

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                                                       269
                  Stephen Megregian
as long as we understand that it is a part of the busi-
ness.
             MR. OEMING:  Mr. Stein, I would think that
we could dispose of this matter adequately if you would
include, at the end of this section, the conclusions
and recommendations that were reached on June 15 - 18
at the Detroit River-Lake Erie conference.
             MR. STEIN:  We would be happy to do that.
             MR. POSTON:  "These are the conclusions
and recommendations reached by the conferees."
             MR. OEMING:  By the conferees, that's right.
             MR. POSTON:  All right, I would agree to
that.
             MR. STEIN:  All right, sir, go on.
             MR. MEGREGIAN:  I think Mr. Grover Cook
will relieve me now and read the summary and conclusions
of this report.
             MR. STEIN:  Yes.  Mr. Cook, before we do
that, we have been here a long time and we might take a
break.
             However, before we take the break, if you
live long enough, I guess you see everything.  For the
first time at one of these conferences, some lady out
in Ashtabula, Hazel Hartung, sent us a poem, and I would like

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                                                       270
to, without objection,  include this poem,  if I might,
in the record.
             She says:
     I am the Earth.
     All mankind suckles at my breast -
     As a mother who  loves her children
     1 freely offer all gifts which are best.

     All green  and growing things . . .
     Succulent  fruits of my verdant valleys,
     Crystal-clear freshets born of mountain snows
     -- With no payment of tithes or tallies.

     Man is mentor over lesser things
     The writhing, pulsing life of oceans,
     And warm-blooded beings — four-footed and furry
     Even the molds of his life-saving potions.

     All good gifts -- the wind and the rain,
     The sun and the snow in their seasons -
     Canst tell me why evil for good is returned?
     Canst tell me what are Man's reasons?

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                                                       271
     Now does Man hate his own offspring



     That he fouls the Earth for their coming?




     My rivers and lakes are full of pollution!



     Man sees it not;  his fact'ries are humming.








     My hillsides are ravaged -- my plains laid  waste




     Chemicals disturb my balance.



     Man's knowledge attacks my placement in orbit



     Festoons of refuse form a dirty valance.








     Withered, wasted and weary . . .




     Racked by unnatural stresses . . .



     Futilely working at reclamation




     Of field, forest and stream . . . time presses








     And I grow old.








             Now, if any of you are students of  poetry,



I ask you to match that half rhyme of "balance"  and



"valance,"



             With that we will stand recessed for  ten




minutes.

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                                                       272



                  Grover Cook








                 (After recess.)



             MR.  STEIN:   May we reconvene?




             Mr.  Poston?



             MR.  POSTON:  We will proceed with Mr.  Cook



in the Summary of Conclusions and Recommendations.








              CONTINUED STATEMENT OF MR.



              GROVER COOK, U. S.  DEPARTMENT




              OF  HEALTH, EDUCATION,  AND



                       WELFARE








             MR.  COOK:   I will now proceed  with the



Summary of Conclusions and Recommendations.








Conclusions



             Lake Erie and its tributaries  are polluted.



The main body of the Lake has deteriorated  in quality




at a rate many times greater than its normal aging pro-



cesses, due to inputs of wastes resulting from the ac-



tivities of man.



             Identified pollutants contributing to dam-



ages to water uses in Lake Erie are sewage  and industrial




wastes, oils, silts, sediment, floating solids and

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                                                       273



                  Grover Cook




nutrients (phosphates and nitrogen).  Enrichment of Lake




Erie, caused by man-made contributions of nutrient ma-



terials, is proceeding at an alarming rate.  Pollution



in Lake Erie and its tributaries causes significant



damage to recreation, commercial fishing, sport fishing,



navigation, water supply, and esthetic values.




             Eutrophication or over-fertilization of



Lake Erie and the Maumee River is of major concern.



Problems are occurring along the lake shoreline and



at some water intakes from algal growths stimulated by



nutrients.  Algal growths can be controlled, and eutrophi-




cation of Lake Erie can be retarded and perhaps even



reversed by reducing one or more nutrients below the



level required for extensive growth.



             Soluble phosphate is the one nutrient most



amenable to reduction or exclusion from Lake Erie and



its tributaries.  Present technology is capable of re-



moving a high percentage of soluble phosphates from



sewage at a reasonable cost.



             More than three-fourths of the soluble phos-



phates reaching Lake Erie are from municipal waste dis-



charges; this includes some industrial wastes routed



through municipal facilities.  Proper design and opera-



tion of secondary sewage treatment plants will result in

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                                                       274




                  Grover Cook




significantly greater removal of phosphorus compounds



than that produced by primary treatment alone.   This



will result in substantial reduction of aquatic growths



and will be reflected chiefly in a better fishery, a



better water supply and better water for recreational



uses.



             Discharges of municipal and industrial



wastes originating in Michigan, Indiana, Ohio,  Pennsyl-



vania, and New York are endangering the health or welfare



of persons in States other than those in which such dis-



charges originate.  This pollution is subject to abate-



ment under the Federal Water Pollution Control Act.



             Pollution of the Detroit River and Michigan



waters of Lake Erie has been the subject of a previous



enforcement conference.  Specific recommendations were  •



developed by the Detroit River-Lake Erie Project for



all known sources of municipal and industrial wastes in



the conference area.  At the conference session held




June 15 - 18, 1965, the Michigan Water Resources Com-



mission agreed to implement the recommendations of the



U. S. Department of Health, Education, and Welfare as



contained in the "Report on Pollution of the Detroit



River, Michigan Waters of Lake Erie, and their Tribu-




taries."

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                                                       275
                  Grover Cook
             The Maumee, Sandusky, Black, Rocky, and
Cuyahoga Rivers and their tributaries, all of which are
tributary to Lake Erie in Ohio, are grossly polluted.
This pollution is caused by refuse, sewage, and sludge
resulting in low dissolved oxygen, algal growths, bac-
terial contamination, and odors associated with polluted
waters.  This pollution interferes with water uses for
municipal and industrial supply, recreation, fishing,
and esthetic enjoyment.  Specifically, phenols and ni-
trogenous compounds cause taste and odor problems in
municipal water supplies.  Other pollutants found in
significant areas of these tributary rivers are oil,
silt, and sediment.
             Lake Erie and its tributary streams in the
Pennsylvania basin are polluted by discharges of munici-
pal and industrial wastes, combined sewer overflows,
accidental spills from vessels and industries and wastes
from Lake vessels, and land drainage.  This pollution
has caused taste and odor problems in domestic water
supplies, bacterial contamination of bathing beaches,
fish kills and algal growths.  In addition, wastes which
cause the receiving waters to foam, turn blackish-brown,
and have a foul odor have interfered with recreation
and esthetic enjoyment.

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                                                       276
                  Grover Cook
             Lake Erie and its tributary streams in the
western New York basin and the Erie-Niagara basin in
New York are polluted by municipal and industrial wastes.
Discharges of these wastes cause interferences with
municipal and industrial supplies, recreation, fish and
aquatic life.  In addition, these wastes cause discolora-
tion of the receiving waters, foul odors and algal growths.

General Recommendations
             Lake Erie is more than a valuable water re-
source; it is a priceless natural heritage.  The present
generation has an obligation to use it wisely and to pre-
serve it for posterity.  Each city and town, each indus-
trial firm - each and every citizen of the basin - must
bear a share of that responsibility.
             Recommendations for abating water pollution
interfering with water uses in Lake Erie and its tribu-
taries will be made in two groups:  general recommenda-
tions, covering the broad objectives of pollution abate-
ment in the conference area, followed by specific recom-
mendations in Parts 2 and 3 of this report, for the solu-
tion of particular problems.  The specific recommendations
are offered in addition to, and not in place of, the
general recommendations.

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                                                       277



                  Grover Cook




             The recommendations which limit the effluent



concentration of a particular waste constituent are made



with the purpose of reduction of waste loadings from a




facility.  If changes in concentration are brought about



by increased dilution, combination of outfalls, or other



methods without reducing waste loading, a corresponding




decrease in recommended waste concentrations will be re-



quired.








                Municipal Wastes



             It is recommended that:




             1.  Municipal wastes be given secondary




biological treatment; such treatment to produce an ef-



fluent not exceeding the following concentrations:



                  a.  Suspended solids - 35 mg/1



                  b.  Settleable solids - 5 mg/1



                  c.  Ammonia - 2 mg/1



                  d.  Phenol - 20 micrograms per liter



                  e.  Oil - 15 mg/1



                  f.  5-day BOD - 20 mg/1




             2.  Secondary treatment plants be so designed



and operated as to maximize the removal of phosphates.



             3.  Disinfection of municipal waste effluents



be practiced in a manner that will maintain coliform

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                                                       278
                  Grover Cook
concentrations not to exceed 5,000 organisms per 100 ml,
and not to exceed 1,000 organisms per 100 ml where the
receiving waters in proximity to the discharge point are
used for recreational purposes involving bodily contact.
             4.  All new sewerage facilities be designed
to prevent the necessity of bypassing untreated wastes.
             5.  Combined storm and sanitary sewers be
prohibited in all newly-developed urban areas, and elim-
inated in existing areas wherever opportunity is afforded
by redevelopmento  Existing combined sewer systems be
continuously patrolled and flow-regulating structures
adjusted to convey the maximum practicable amount of
combined flows to and through treatment plants.
             60  A program be developed to prevent acci-
dental spills of waste materials to Lake Erie and its
tributaries.  In-plant surveys with the purpose of
preventing accidents are recommended.
             7.  Unusual increases in waste output and
accidental spills to be reported immediately to the
appropriate State agency.
             8.  Disposal of garbage, trash, and other
deleterious refuse in Lake Erie or its tributaries be
prohibited and existing dumps along river banks and
shores of the Lake are to be removed.

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                                                       279
                  Grover Cook
               Industrial Wastes
             It is recommended that:
             1.  Industrial plants improve practices
for the segregation and treatment of waste to effect the
maximum reductions of the following:
                  a.  Acids and alkalies
                  b.  Oil and tarry substances
                  Co  Phenolic compounds and organic
                      chemicals that contribute to taste
                      and odor problems
                  d.  Ammonia and other nitrogenous com-
                      pounds
                  e.  Phosphorus compounds
                  fo  Suspended material
                  g.  Toxic and highly-colored wastes
                  h.  Oxygen-demanding substances
                  ia  Excessive heat
                  j.  Foam-producing discharges
                  k.  Other wastes which detract from
                      recreational uses, esthetic enjoy-
                      ment, or other beneficial uses of
                      the waters
             2.  The Michigan Water Resources Commission,
the Indiana Stream Pollution Control Board, the Ohio Water

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                                                       280
                  Grover Cook
Pollution Control Board, the Pennsylvania Sanitary Water
Board, and the Mew York State Department of Health are to
undertake action to insure that industrial plants dis-
charging wastes into waters of Lake Erie and its tribu-
taries within their respective jurisdictions institute
programs of sampling their effluents to provide necessary
information about waste outputs.  Such sampling shall be
conducted at such locations and with such frequency as
to yield statistically reliable values of all waste
outputs and to show their variations.  Analyses to be so
reported are to include:  pH, oil, tarry residues,
phenolics, ammonia, total nitrogen, cyanide, toxic ma-
terials, total biochemical oxygen demand, and all other
wastes listed in recommendation #1, under Industrial
Wastes.
             Waste results to be reported in terms of
both concentrations and load rates.  Such information
will be maintained in open files by the State agencies
for all those having a legitimate interest in the infor-
mation.

                     Surveillance
             The Department of Health, Education, and
Welfare will establish water pollution surveillance

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                                                       281




                  Grover Caok




stations at appropriate locations on Lake Erie and its




tributaries.  The Department will welcome the participa-




tion and assistance of the appropriate State agencies.




             The effectiveness of improvement measures,




especially steps for phosphate removal, should be ob-




served over the coming years, and additional measures




instituted as a need is indicated.




             Mr. Megregian will give you the specific




recommendations»




             MR. STEIN:  Will you refer to the page so




that they can follow you as you go through?  You are in




Volume 2, aren't you?




             MR. MEGREGIAN:  We are in Volume 2, that is




correct.  We pulled these out.  I don't have the page




numbers.



             MR. STEIN:  That is all right then.  Go right




ahead.








                 CONTINUED STATEMENT OF MR.



                 STEPHEN MEGREGIAN, U. S.




                 DEPARTMENT OF HEALTH, EDUCATION,




                        AND WELFARE








             MR. MEGREGIAN:  Recommended Actions for the

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                                                       282
                  Stephen Megregian
Maumee River Basin.
             The recommendations for pollution abatement
set forth in Chapter I, Part 1 should be adopted where
applicable in the Maumee River Basin.  In addition, it
is recommended that the following specific actions be
taken:
             1.  The City of Defiance improve its collec-
                 tion system and treatment facilities,
                 and resolve with Johns Manville Company
                 the problem of excessive phenol dis-
                 charges.
             2.  The following industrial plants take the
                 necessary action to provide waste treat-
                 ment facilities to reduce their waste
                 loadings to the receiving stream:
             Interlake Iron Company      Solids reduction
             Johns Manville Company      Solids and BOD
                 Waterville                reduction
             Defiance                    Phenol reduction
             Buckeye Sugars, Inc.        Evaluate completed
                                           improvements
             National Refinery           Oil removal

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                                                       283
                  Stephen Megregian
             Standard Oil Company
               Refinery                   Phenol reduction
               Petrochemical              Evaluate  completed
                                            improvements
               Chemical Company           Nitrogen  removal

             3.  Intensified effort in  control  of soil
                 erosion and land use practices, to reduce
                 the inputs to receiving waters of  silt
                 and nutrients.
             4.  The Department of Health, Education,  and
                 Welfare, in cooperation with other Federal
                 agencies and the States involved,  inves-
                 tigate means of providing streamflow
                 regulation to maintain desirable water
                 quality after all practicable  measures
                 have been taken to eliminate or control
                 waste discharges at their sources.
             5.  The unknown source of  waste on the St.
                 Marys River be located and brought under
                 control.

Recommended Actions for the Western Ohio Basin
             The recommendations for pollution abatement

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                                                       284



                  Stephen Megregian




set forth in Chapter I,  Part I, should be adopted where




applicable in the Western Ohio Basin.   In addition,  it




is recommended that the  following industrial plants  take




the necessary actions listed:




     Industry                            Necessary Action




     General Motors Corporation          Cyanide and metal




       Ternstedt Division                  reduction




     Swift and Company                   Oil removal




     General Electric Company            Treatment of sewage




     Bechtel-McLaughlin                   Chromium reduction




     The Baltimore and Ohio




       Railroad Company                   Oil removal








Recommended Actions for  the Rocky River Basin




             The general recommendations for pollution




abatement set forth in Chapter I, Part I, should be




adopted where applicable in the Rocky River Basin.  In




addition, it is recommended that the following specific




actions be taken:



             1.   A master sewerage plan be prepared for




                  the Cleveland metropolitan area, includ-




                  ing Cleveland, its suburbs, and rapidly




                  developing urban lands - and an appro-




                  priate regional organization be given

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                                                       285
                  Stephen Megregian




                  authority and responsibility for its



                  implementation.
Recommended Actions for the Cuvahoga River Basin



             The recommendations for pollution abatement



set forth in Chapter I, Part 1, should be adopted where




applicable in the Cuyahoga River Basin,  In addition,  it



is recommended that the following specific actions be




taken:



             1.  The following industrial plants take



                 the necessary actions listed:



     Industry                            Necessary Action



Republic Steel                       Removal of spent  pickling



                                     solutions;



                                     Increased oil and solids



                                     removal



Standard Oil Corp.                   Oil removal



U. S. Steel Corp.                    Removal of spent  pickling



                                     solutions;



                                     Increased solids  removal
E. I. DuPont



Jones and Laugh1in



  Steel Company



Harshaw Chemical Company
Metals reduction



Removal of spent pickling



solutions



Metals reduction

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                                                       286
             Stephen Megregian
     Industry                            Necessary Action
Cuyahoga Meat Company                Reduction of solids
                                     and BOD
Masters Anodizers and Platers, Inc.  Metal reduction
Sonoco Products Company              Reduction of solids
                                     and BOD
Thompson Ramo Woolridge              Metals reduction

             2.   A master sewerage plan be prepared for
                  the Cleveland metropolitan area, in-
                  cluding Cleveland, its suburbs, and
                  rapidly developing urban lands -- and
                  an appropriate regional organization be
                  given authority and responsibility for
                  its implementationo
             3.  Similar action to No. 2 be taken in the
                  Akron metropolitan area.

Recommended Actions for the Eastern Ohio Basin
             The recommendations for pollution abatement
set forth in Chapter I, Part I are to be adopted where
applicable in the Eastern Ohio Basin.  In addition, it
is recommended that the following specific actions be
taken:

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                                                       287



                  Stephen Megregian




             1.  The following industrial plants take



                  the necessary actions listed:



     Industry                            Necessary Action
Olin Mathieson








Cabot Titania Corp.



Detrex Chemical Industry








Reactive Metals








Diamond Alkali Co.




General Tire & Rubber Co.
pH Control and Solids



Reduction



Solids Reduction




Reduction of Iron and



Chlorinated Hydrocarbon



Solids Reduction and pH



Control



Solids Reduction



Solids Reduction




Metals Reduction
Industrial Rayon Co.



Cleveland Electric Illuminat-



  ing Co. (Eastlake)              Solids Reduction



             2.  Master sewerage plans be prepared to



                 guide development in areas where urbani-



                 zation is taking place.



             This is the end of the recommendations through



Part 2.



             MR. STEIN:  Thank you.



             We will open this now for questioning, al-



though I think right at this point maybe we can save some




time.  I would like to clarify one point on jurisdiction

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                                                       288
           Grover Cook and Stephen Megregian
here.
             I don't think that it is within the juris-
diction of the conferees under the Federal law to make
any recommendations on regional organization.  While we
appreciate the recommendations, 1 think that is beyond
the scope of our authority.  We certainly will give con-
sideration to all the others.
             So, if we have any questions, we can go
ahead with them,,
             Mr0 Oeming, do you have any?
             MR, OEMING:  Yes, Mr. Stein.
             Mr. Stein and fellow conferees:
             I have a number of questions, and perhaps
some of them will refer to the testimony or the statement
made by Mr» Cook and some by Mr. Megregian.  I don't
know how you wish to handle these.
             MR. STEIN:  Why don't you ask the question,
and the one who wants to answer it will answer it, unless
you direct the question to a specific one.
             These men may have other specific experts
from the organization with them.  I see a sprinkling of
them in the audience.
             On any of these questions, if you feel that
you want to call on these people, call them up so that

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                                                       289
           Grover Cook and Stephen Megregian
you can get a precise answer.
             MR. OEMING:  On Page 9 there is a statement
that the annual evaporation from the Lake surface averages
33.5 inches.
             Was this determined by the Public Health
Service in this two year study?
             MR. COOK:  I don't think it was, Mr. Oeming.
I think this probably was information from the Weather
Bureau.
             MR. OEMING:  Now, on the whole matter of
lake currents, both surface and circulation of currents,
is this information that was determined during the past
two years from your Lake stations, or is this from some
other source?
             MR. COOK:  Most of it is from work of the
last two years, some from Lake stations, some from dye
studies, some from Drogue, and other studies.  Some of
the information was substantiated by previous studies.
             MR. OEMING:  I see.  On Page 14 there is
a table in the report that lists municipal water supplies
on Lake Erie, and Michigan is listed as having two.  I
wonder if you would tell us what those two are.
             MR. COOK:  Well, Monroe must be one of them.
             MR. MEGREGIAN:  I believe the second one was

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                                                       290
           Grover Cook and Stephen Megregian
listed as the Enrico Fermi Treatment Plant, and I under-
stand that after it was listed, it should not have been
since it is not a municipal supply.
             MR. OEMING:  It does not furnish water for
municipal uses.  That is the understanding that this
table is intended to convey, and it is not accurate.
             On Page 16 there is a figure given for the
decline of the fishing in Lake Erie, and the most recent
figure that is given in the report is 7,400 pounds for
blue pike in 1960.
             Do you have any more up to date information
than that, say as of 1964?  1964 would be adequate.
             MR, COOK:  I couldn't answer that, Mr.
Oeming.  Possibly there were no more blue pike.
                     (Laughter.)
             MR. OEMING:  Well, possibly there might be
more too, mightn't there?
             MR. COOK:  That is possible.  I think this
was a statement from a summary report dated 1960.
             MR. OEMING:  But you haven't anything for
1964?
             MR. COOK:  I am sure we have information
in the files on it, yes.
             MR. OEMING:  I have to go back to  this

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                                                       291
           Grover Cook and Stephen Megregian
question that I directed to Dr. Tarzwell this morning.
             I wonder if you can tell me this:  On Page
17, where you are talking about phosphorus being a con-
stituent in domestic sewage and certain industrial wastes,
and that it must be controlled, what are we talking about?
Are you referring to soluble phosphorus, total phosphorus,
or phosphorus as what?
             MR. COOK:  We are talking about total phos-
phorus, PO^.  That is PO^.  Did I say "soluble phosphate"?
That is what I meant, total soluble phosphate, PO^.
             MR. OEMING:  That is what you mean through-
out your report when you are talking about phosphorus?
             MR. COOK:  That is right.
             MR. OEMING:  Then this .03 means total soluble
phosphorus as PO^?
             MR. COOK:  Total soluble phosphate as PO^.
             MR. OEMING:  Phosphate as PO^
             On Page 20, has the DO depletion been found
in the western basin during this two year study?
             MR. COOK:  Yes9 sir.
             MR. OEMING:  On how many occasions, sir?
             MR. COOK:  On one occasion.
             MR. OEMING:  One occasion?
             MR. COOK:  Yes.

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                                                       292
           Grover Cook and Stephen Megregian
             MR. OEMING:   At the bottom of Page 20, I
wonder if you would expand a little bit on the basis for
the statement that the DO deficit is caused largely by
lake enrichment?
             What portion is traceable to other sources
than sewage and domestic wastes?  And is the DO depletion
entirely accounted for by the amount of soluble phosphorus
introduced by waste sources?
             MR. COOK:  Well, I will take the first part
of that question first.
             No, it isn't all, of course, caused by the
introduction of domestic wastes or industrial wastes.
The indirect effect of organic enrichment by agricultural
runoff is also a part of this.
             It is a very difficult thing to measure,
and we haven't measured it, frankly.
             MR. OEMING:  You haven't measured the others?
             MR. COOK:  The effect from agricultural run-
off, but we know it is substantial.  We mention in the
report that better soil practices, agricultural practices,
have to be put into effect in the Maumee Basin, for in-
stance, in order to help control this.
             Now, the second part of your question was
what?

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                                                       293
           Grover Cook and Stephen Megregian
             MR. OEMING:  I asked you what portion was
traceable to the wastes, and then I asked you, is deple-
tion of DO entirely accounted for by the amount of
soluble phosphorus introduced by waste sources.
             MR. COOK:  No, I don't think it is.  A
large amount of it is, of course.  The other part is
the amount of percentage of materials that are introduced
into the Lake at various waste sources.
             MR. OEMING:  On the next page, there is a
statement that oxygen deficits occur only in those lakes
where large amounts of oxygen consuming materials or
nutrients have been introduced.  Is this true in every
case?
             MR. COOK:  That is true.
             MR. OEMING:  Irrespective of whether the
natural bottom is mud or peat, or it doesn't matter what
material?
             MR. COOK:  If the bottom is mud or peat,
it is that way because of the introduction of nutrients
and organic materials from natural sources or man-made.
             MR. OEMING:  In other words, all lake origin-
ally had nice clean bottoms, and the runoff —
             MR. COOK:  We weren't here when they were
originated, but most of them were -- glacial lakes, yes.

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                                                       294
           Grover Cook and Stephen Megregian
             MR. OEMING:   The western basin does not
become stratified, you indicate,  except during 6 to 7
day periods of calm, and the central and eastern basins
do become stratified.
             I wonder if you would reconcile these two
statements with the fact that nutrients are present in
the eastern and central basins.
             Do you follow my question?
             MR. COOK:  Not exactly, no.
             MR. OEMING:   Well, there are nutrients pre-
sent in the eastern and central basins, aren't there?
             MR. COOK:  Yes*
             MR. OEMING:   DO depletion occurs steadily
in the central basin and eastern basin; is that true?
             MR. COOK:  Correct.
             MR. OEMING:   But DO depletion was only found
in one particular instance in the western basin.
             MR. COOK:  That is right, following the long
period of calm.
             MR. OEMING:   Now, the nutrients are present
in both cases, are they not?
             MR. COOK:  That is correct.
             MR. OEMING:   How do you explain the lack of
dissolved oxygen depletion to the same extent in the

-------
                                                       295



           Grover Cook and Stephen Megregian



western basin as you have in the eastern basin?



             MR. COOK:  Because it doesn't become strati-




fied in the western basin except under an unusual situa-



tion.  The oxygen demand by the bottom muds is not exerted



to the same extent.  That is, there is complete mixing



throughout most of the year in the western basin.



             MR. OEMING:  You charge it all to mixing




then?



             MR. COOK:  Not all to mixing, but partially



to mixing.



             MR. OEMING:  1 see, but don't you say later



that the overall easterly movement carries some of the



materials to the quieter waters of the central basin,



where it settles to the bottom?



             MR. COOK:  Yes.  In the western part of the



central basin, the water is quieter, it is deeper, and



therefore there is not the top to bottom mixing that



there is in the western basin.



             MR. OEMING:  I see.  On Page 25, you have



a table that says "Industrial Waste Sources - State



Classification0"  The third column is headed "Unknown,"



with numbers for each State underneath it.




             Would you explain what you mean by "unknown"



there?  Does that mean that they don't know about it, or

-------
                                                       296
           Grover Cook and Stephen Megregian
that it has not been evaluated?
             MR. MEGREGIAN:  May I answer that?
             This listing was brought together to indi-
cate that out of a total industrial waste, of known
industrial waste sources as represented opposite each
State, that a certain portion of these were known to be
inadequate, and the other number, the unknown, means we
do not know whether these are adequate or inadequate.
             MR. OEMING:  At the bottom of the page,
the following statement is made:
             "Data have not been made available for the
computation of meaningful waste loads from industries."
             Do you mean this to apply to the Detroit
River report of the Public Health Service, in which you
had complete information on all of the industrial waste
sources?  Is that meaningful or not?
             MR. MEGREGIAN:  Not at all, Mr. Oeming.
This applies only to the Lake Erie Basin.
             MR. OEMING:  This doesn't say that it applies
only to Lake Erie, does it?
             MR. MEGREGIAN:  I'm afraid it doesn't.
             MR. OEMING:  All right.
             Now, on Page  26, I wonder if you would
clarify the two statements in the second and third

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                                                       297



           Grover Cook and Stephen Megregian




paragraphs with respect to suspended solids„



             I have in mind particularly the first sen-



tence in the second paragraph, which states:  "These



substances that have damaging effects on the water use



of the total waters of the Lake are suspended solids,"



and then other things.



             Then, in the next paragraph, it states:



"Damage to Lake Erie resulting from suspended matter" --



and then drop down to the end of the sentence — "having



largely local effects."



             My question here is:  Would you reconcile



these two statements?  One says that the total waters



of the Lake are affected, and then in the next paragraph



it says it has only largely local effects.



             MR. COOK:  I think both statements are cor-



rect, to a degree.



             Under the inputs up above in the introductory



paragraph, where it states there that suspended solids



indicate lake-wide problems or effects, that was stated



because we know that suspended solids, depending on




their nature, how heavy they are or how light they are,



can sometimes be carried a long ways by mass transporta-



tion of water.



             However, I think you will agree that the

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                                                       298



           Grover Cook and Stephen Megregian




greater effect is the localized effect of solids that



settle near the waste loadings.




             MR. OEMING:   You are giving more emphasis



then to the local effect rather than the effect on the



total body of the Lake; is that right?



             MR. COOK:  Yes, sir.




             MR. OEMING:   All right.



             Further down on that page, you state:  "Con-



trol must be instituted through improvements in land use



practices on the watershed."




             I don't find any specific recommendations



here.  Do you have any for the guidance of this board?



             MR. COOK:  I wish we could.  I wish we



could.  I think all of us who have worked in water pol-



lution for some time know that this is a problem.



             I think something needs to be done»  I am



not sure what it would be.  Perhaps the conferees will



think of something.



             We have not made any recommendations, no,



sir.



             MR. OEMING:  On Page 27, you indicate the



concentration of chloride being of the magnitude of 7



mg/1 in the headwaters of the Detroit River and 23 mg/1



at Buffalo, a threefold increase.

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                                                       299
           Grover Cook and Stephen Megregian
             I wonder if you could tell me what you feel
is the significance to water uses of this increase?
             MR. COOK:  I think we all agree there is
no damage to any water use from this kind of increase,
and I think we made it fairly clear that the only reason
we presented this information was because it does indi-
cate a rather dramatic increase of one constituent over
a relatively short period of time.
             MR. OEMING:  But it is doing no damage?
             MR. COOK:  Doing no damage.
             MR. OEMING:  To the fish or bottom animals?
             MR. COOK:  To my knowledge, it is not damag-
ing to the fish.
             MR. OEMING:  When you computed the increase
in chloride because of the use of salt on the streets,
as to this 800,000 tons a year, first of all, is this
from the total basin, did you determine?
             MR. MEGREGIAN:  This is from the data that
was supplied to us by various --
             MR. STEIN:  Would you speak into the micro-
phone, please?
             MR. MEGREGIAN:  This is from the results
of data that were supplied to us from the salt companies
themselves, that were producing and delivering salt to

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                                                       300
           Grover Cook and Stephen Megregian
the Lake Erie Basin.
             This does not include Detroit, I don't be-
lieve.
             MR. OEMING:   I don't think it does either.
             You have computed now an increase in the
chloride level of the Lake water.  Is this weighted to
the period in which these chlorides would reach the
Lake water — that is, during the runoff period?
             MR. MEGREGIAN:  This is an annual average
for the whole Lake.
             MR. OEMING:   1 see.
             MR. MEGREGIAN:  It does not include any
concentration changes, or for seasonal purposes, no.
             MR. OEMING:   It would be higher, wouldn't
it, because these salts reach the Lake during two months
of the year probably?
             MR. MEGREGIAN:  That is correct.
             MR. OEMING:   Two or three?
             MR. MEGREGIAN:  That is correct.
             MR. OEMING:   Now, with respect to the dis-
solved solids, here you evaluated the increase from 110
to 115 mg/1 at present, and the increase in Lake Erie
at Buffalo in the same period from 115 to 192.
             Would you tell me what significance there

-------
                                                       301
           Grover Cook and Stephen Megregian
is in this to water uses?
             MR. MEGREGIAN:  I would respond the same way
as Mr. Cook did with respect to chlorides, merely to
indicate that there is a greater use of these waters
which receive these inorganic salts as discharges, and
therefore, while there is no specific problem today,
this is a forewarning that there might be problems in
the very near future.
             MR. OEMING:  With regard to the next para-
graph, Nitrogen Compounds, would you discuss a little
more here what happens in phosphorus removal?  If nitro-
gen continues to support algae, how much is accomplished
with phosphorus removal in terms of arresting growth?
             As I understand your statement, nitrogen
is a factor in this fertilization of the Lake.  This is
something that can't be controlled.
             Now, if it is a factor, it is going to re-
main after the phosphorus would be taken out, isn't it?
How much good then would we do?
             This is my question.
             MR. COOK:  Well, the nitrogen is in good
supply throughout the world and every place in nature,
including the atmosphere.
             Any attempt to reduce the nitrogen to effect

-------
                                                       302
           Grover Cook and Stephen Megregian
a reduction in algal growth would be like punching
feathers.
             Incidentally, nitrogen is not the only other
growth factor.  There are a good many other elements that
we have to have in measurable amounts in order to grow
algae -- some in trace amounts.  Nitrogen is probably
the one that is in greatest supply.  It will be there
no matter what we try to do.
             Secondary treatment will substantially re-
move some of the nitrogen, but if the other growth fac-
tors are present for algae growth, nitrogen is not much
of a problem.  Somehow or other, nature will find a way
to supply nitrogen to the algae.
             MR. OEMING:  On Page 28, toward the end of
the second paragraph, you state that in 1964, or, rather,
the third paragraph -- meaning phosphates, I guess —
"It produced an oxygen deficit estimated at 270,000,000
pounds."
             Am I correct that you have attributed the
deficit  in oxygen now to the phosphate which you know
is going into the Lake?  You have been able to put a
finger on it?
             MR. MEGREGIAN:  This computation developed
from the observations that  the 2600 square miles of the

-------
                                                       303


           Grover Cook and Stephen Megregian


Lake exhibited an oxygen deficiency at a level of zero


to 2 mg/1.


             In calculating what kind of an oxygen con-


suming substance could produce such a deficit, we had to


arrive at the conclusion that this is nature-produced,


resulting from nutrients, since there are no other man-


made sources of any kind that could produce such a defi-


cit in such a short time.


             MR. OEMING:  Well, I guess we have to explore


this a little bit more.


             Are you saying that the total deficit then


is solely attributed to phosphates?


             MR. MEGREGIAN:  The phosphates are the


stimulating forces that produce the organic material or


the productivity, if you will, that later decays and


produces this oxygen deficit.


             MR. COOK:  I think we should include also


that some of these oxygen consuming materials are those


organic sediments that have unsettleable material for a

while that have come in through waste sources.


             The phosphates indirectly do develop oxygen

                                                       *
consuming materials, but others from waste sources,


rivers and direct discharges, certainly are a factor


to it.

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                                                       304



           Grover Cook and Stephen Megregian



             MR. OEMING:  Well, did you find very much




unsettleable organic material as such — not as phos-



phates, but unsettled organic material in the Lake proper?



             MR. MEGREGIAN:  No.




             MR. OEMING:  Let's take, for example, the



line across the Erie Island.



             MR. MEGREGIAN:  Yes.



             MR. OEMING:  Did you find very much across



that section of unsettled oxygen demanding material that



would extract oxygen from this portion of the Lake?



             MR. MEGREGIAN:  Not in any single sampling



run.



             MR. OEMING:  In any run, let's say, or a



combination of them.



             MR. MEGREGIAN:  No, we did not, not as



measured by the BOD tests.



             MR. OEMING:  All right.  The total of all



oxygen consuming wastes from man-made sources then is



only a small portion of the demand?



             MR. MEGREGIAN:  That is right.



             MR. OEMING:  That is, this is a negligible



portion, despite the fact that there might be primary



or secondary, or no treatment at all?



             MR. MEGREGIAN:  This is the thing that we

-------
                                                       305
           Grover Cook and Stephen Megregian
arrived at.
             MR. OEMING:  I see.
             MR. MEGREGIAN:  I believe our report indi-
cates that there is, in the total, something like 3 to
4 million population equivalents discharging into the
basin daily.
             On the matter of pounds of BOD, dividing
this number by 6, we arrive at a biochemical oxygen de-
mand, a five-day demand, on the nature of perhaps a
million pounds per day*
             This deficit certainly that was actually
developed here is much greater than the total daily
input of biochemical oxygen demand from any or all
sources.
             MR. OEMING:  Now, at the top of the page,
Mr. Megregian, the next page, you point out that at
least 40 per cent of present PO^ input -- is that what
you measured?  You are talking now about what comes
from sources such as sewerage and wastes?  You don't
include the total input to the Lake?
             MR. MEGREGIAN:  We include only those
sources that we feel could be controllable.  In other
words, we included sources that were man-made or ap-
proachable by man in the controls.

-------
                                                       306
           Grover Cook and Stephen Megregian
             MR. OEMING:  Would you have any idea what
fraction we would be dealing with if we would be talking
about the total input of the Lake?  Do you have any no-
tion about this?
             It would be something less than 40 per cent,
wouldn't it?
             MR. MEGREGIAN:  I am not sure about that.
             We included in our totals -- in the 175,000
pounds per day totals in our Table 8, I believe — all
of the inputs from man-made sources that were discharg-
ing directly to the Lake, and also the measured inputs
from our sampling program that were discharged by the
tributaries, so in effect we think we have got a good
deal of the soluble phosphate input to the Lake.
             I am not sure whether we have 75 per cent
or 90 per cent or 95 per cent, but we think we have got
a good portion of it.
             MR. OEMING:  In that connection, one of the
reasons I raised that question is because when you got
into Part 2, I didn't see the input from the Maumee
River as such.  I saw the input to the river, but I did
not see the input to the Lake from the river.
             MR. MEGREGIAN:  Well, that was summarized
in Part 1.

-------
                                                       307
           Grover Cook and Stephen Megregian
             MR. OEMING:  It was?
             MR. MEGREGIAN:  Yes, sir.
             MR. OEMING:  Mr. Cook indicated that you
had only measured a portion, and you didn't know what
fraction you were measuring here when you were talking
about sewerage'and wastes —- that you had no way of
evaluating the land runoff sources and these other
things.
             MR. MEGREGIAN:  His answer is correct in
terms of the discharges of the Maumee River.
             We have here in Table 8, on Page 50, soluble
phosphates to Lake Erie, and we list Maumee River as
11,000 pounds per day.
             This is a measurement that we made above
the Lake affected portion of the Maumee River, which
indicated to us this is what is coming into the Lake
from above, regardless of the source, whether it is
municipal or land runoff or industrial.  This was what
was being carried by that river into the Lake.
             Then we have added to it these other inputs
as we have measured them and determined them.  For in-
stance, the City of Toledo is included here separately.
             MR. OEMING:  In the last paragraph you state:
"After these treatment practices are in operation it can

-------
                                                       308



           Grover Cook and Stephen Megregian



be reasonably expected that significant improvement in



the water quality in Lake Erie will be observable within



a few years."




             I wonder if you could enlarge upon that



and educate me a little more.  In what terms would there



be significant improvement, related to DO, nuisance blooms,



water quality, taste, odor, recreation, fish, or whatever



you like?



             MR. COOK:  First of all, Mr. Oeming, I would



like to go back to some of the words that Dr. Tarzwell



used earlier today, when he said that we were at the



threshold, and that if improvement or retardation of



this situation weren't implemented very shortly, we could



have a much more serious situation.



             Now, if you stop to think that under favor-



able conditions, one pound of soluble phosphate can grow



a million pounds of algae, it stands that removing one



pound of phosphate or by preventing it getting into the



Lake would have a very fine effect, and if you multiply



this by several thousand, you really come up with some-




thing.



             In other words, it is the introduction of



these materials over a long period of time that has



created the problems we have had.  If we now start going

-------
                                                       309
           Grover Cook and Stephen Megregian
the other way, by reducing these inputs there is every
reason in the world to expect we will have improvement
almost immediately -- I would say within one decade after
the implementation of the programs we are presenting is
carried out.
             MR. OEMING:  Well, you have given me a very
nice figure here.  1 wish it had been in the report be-
fore.  1 wouldn't ask all these questions.
             One pound of phosphate will remove how many
pounds of algae?
             MR. COOK:  No.  Remember I said under favor-
able conditions.
             MR. OEMING:  Well, I am assuming these are
favorable.
             MR. COOK:  It is conceivable that the re-
moval of one pound of soluble phosphate could remove or
could prevent the growth of one million pounds of algae.
             MR. OEMING:  In other words, if we follow
this table on Page 28 and remove all of this phosphate,
72,000 pounds, we could multiply that by a million and
take that much algae out of the Lake?
             MR. COOK:  I would hope we could do that.
             MR. OEMING:  How much of the oxygen deficit
of 270,000,000 pounds would be reduced by this?  You have

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                                                       310
           Grover Cook and Stephen Megregian
given me a nice figure on this algae.  Now let's get to
the oxygen.  I am concerned about this big hole out here
without any oxygen in it.
             MR. COOK:  Well, it has been there for some
time, and it is apparently getting worse.  If we can just
hold it and keep it from getting any worse right now, if
we can prevent that area from becoming anerobic and then
prevent the recirculation of more phosphorus from the
bottom of the Lake, this is the thing we are aiming at
right now.
             This is the immediate concern, to prevent
the Lake from getting any worse.  From there on, we can
move ahead perhaps <,
             MR0 OEMING:  Well, you don't have any nice
rule of thumb like you gave me on algae, where so many
pounds of oxygen will be restored by every pound of
phosphorus you take out?
             MR* COOK:  That is something for a mathe-
matician or a biologist.  I'm sorry.
             MR. STEIN:  This is an engineering question
you are asking.  Do we have an engineer who wants to
try that?
                  (No response.)
             MR. STEIN:  No?  All right.

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                                                       311




            Grover Cook and Stephen Megregian




             MR, OEMING:  When you were talking about




the phosphorus load on the Lake, you said a phosphorus




load from the tributaries themselves as differentiated




from the loadings into the tributaries.




             MR. MEGREGIAN:  Yes»




             MR. OEMING:  Do you have that for the Cuya-




hoga River as a whole to the Lake now?  I haven't been




able to find it.  I only found the contributions to the




Cuyahoga, but not to the Lake.




             MR. MEGREGIAN:  Let me bring you back to




the table again.




             MR. STEIN:   What page is that, Mr. Megregian?




             MR. MEGREGIAN:  On Page 50.  I believe we




have the Cuyahoga River there as contributing 3,500




pounds to the Lake.




             MR0 OEMING:  I see.  Mr. Megregian, I missed




that.  I'm sorry.




             In two places, in both reports, and I am




referring now to the Detroit River conference, the state-



ment is made that at the conference session held June 15




to June 18, the Michigan Water Resources Commission




agreed to implement the recommendations of the U. S.




Department of Health, Education, and Welfare as con-




tained in the Report on Pollution of the Detroit River,

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                                                       312




            Grover Cook and Stephen Megregian




Michigan waters of Lake Erie, and their Tributaries,




April 1965.




             I would refer you to the conclusions and




recommendations which have been attached now, Mr. Meg-




regian, to Part 2, and ask you if you find in there that




particular statement?




             MR. MEGREGIAN:  No, this is not included




in our text.




             MR. OEM1NG:  I am not asking if it is in-




cluded in the text.  I am just asking you if you find




the statement in Part 2 of the report is confirmed by




the conclusions and recommendations reached by the con-




ferees at the Detroit conference?




             MR. COOK:  The answer is no, Mr. Oeming.



             MR. OEMING:  The answer is no.  Which do




you think controls?



             MR. COOK:  I think that is with the confer-




ees --



             MR. OEMING:  Somebody wrote this report,



and I just want to know which we are to rely upon here,




whether we rely upon the conclusions of the conferees,




or rely upon this report?




             MR. COOK:  If you want my opinion —




             MR. STEIN:  Wait a minute.  Mr. Poston and

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                                                       313




            Grover Cook and Stephen Megregian




I were sitting here all afternoon waiting to see how




long it would take you to pick that outo




             Obviously, the conclusions of the Detroit




conferees will govern.




             MR. OEM1NG:  All right.  Now I would like




to go to the Conclusions and Recommendations.  Perhaps




some of these questions have been answered, and perhaps




not.




             On Page 1, it states:  "The main body of




the Lake has deteriorated in quality at a rate many




times greater than its normal aging processes," and so




forth.




             With respect to what constituents has it




deteriorated in quality?  1 am talking about the main




body of the Lake.




             MR. COOK:  Well, I think we have made it



clear in the report, Mr, Oeming, that the reflection of




this is in the algae primarily, not only the suspended




algae that causes the water to become murky and green



and causes dissolved oxygen deficit, but also the fila-




mentous forms that wash up on the beach and foul fisher-




men's nets, and this sort of thing.




             This essentially is what we are talking




about here.

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                                                       314
            Grover Cook and Stephen Megregian
             MR. OEMING:   Not bacterial contamination
or toxic conditions?
             MR0 COOK:   Tne overall condition is prin-
cipally one of over-feri-ilization.
             MR. OEMING:   I see.  We have been over this
question about the level required for extensive growth,
and 1 guess there isn't any use pursuing that question
further.
             MR. COOK:   I think you are right.
                  (Laughter.)
             MR. OEMING:   You opened a question here in
my mind, in the fourth paragraph, about the technology
for reducing these phosphates, and you state:  "Present
technology is capable of removing a high percentage of
soluble phosphates from sewage at a reasonable cost."
             My question here is directed at what you
mean by "a reasonable cost"?
             MR. MEGREGIAN:  I think I had a statement
prepared in anticipation of this kind of question.
             MR. OEMING:   I'm glad I didn't disappoint
him.
                  (Laughter.)
             MR. MEGREGIAN:  Presently operating second-
ary treatment plants have reported in recent literature

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                                                       315
            Grover Cook and Stephen Megregian
phosphate removals anywhere from 10 to 74 per cent.
             Just as a background, the Metropolitan  Sani-
tary District of Greater Chicago has reported as much
as 74 per cent on one of its treatment plants, and 50
per cent on another, and about 25 per cent on a third.
             A recent article in the Water Pollution
Control Journal by Levin has indicated that increased
removals by secondary treatment plants can be affected
by several things, such as a higher aeration rate in
the aeration tank, higher proportions of returned
sludge, and —
             MR. OEMING:  Mr. Megregian, I don't want
you to go into this.  My question is directed to cost.
             MR. MEGREGIAN:  Cost?  We have not, of
course, specifically determined cost.
             MR. STEIN:  I think we may get an answer
to this.
             Is Mr. Coulter here?  I think we might  get
you an answer.  Mr. Coulter, will you come up?
             You know, you ask these engineering ques-
tions, so we might get an engineer up here.
             I don't remember the cost figure, but I
think they did some work at the nuclear installation at
Hanford.  We really had a problem with phosphorus, because

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                                                       316




            Grover Cook and Stephen Megregian




the phosphorus was radioactive and we really had to get




it out.




             They developed a flocculation technique out




there using alum, 1 believe, and came up with some costs




per million gallons, which, I understand, were relatively




reasonable.




             Do you recall that, Jim?




             MRc COULTER:   My name is James B. Coulter.




I am Chief of the Water Projects Section in Washington,




D. Co, Department of Health, Education, and Welfare.




             Mr. Oeming, I believe the question was what




are the costs for the removal of phosphates?




             MR« OEMING:  My question went to the ques-




tion of reasonable cost, and I wondered what you con-




sidered as reasonable cost.




             MR. COULTER:   1 can give you some limits on




it.  The Advanced Wastes Research Project has been work-




ing on phosphate removal,  assembling costs, computing




the unit processes that would go in to substantially




complete phosphate removal.




             As an outer limit, we think the cost would




be between five and eight cents per thousand gallons for




complete removal, utilizing coagulation and sedimenta-




tion processes.

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                                                       317




                  James B. Coulter




             I believe that the recommendations here have




to do with secondary treatment.  If a secondary treatment




process or a secondary treatment plant were in place,




and if it had incineration or other means of disposing




of the sludge, the cost of phosphate removal would be per-




haps no greater than the maintenance and operating cost




of the plant if you ran at the maximum BOD removal.




             I would simply be an adjustment in the plant




operation.




             MR. OEMING:   Well, Mr. Coulter, this coagu-




lation and sedimentation would remove phosphate at a




cost of about five cents a thousand gallons?




             Now, this is primary treatment, supplemented




by coagulation and sedimentation?




             MR. COULTER:  NOO  That is secondary treat-




ment followed by coagulation, sedimentation, and filtra-




tion.



             MR. OEMING:   So that if you added it to a




presently existing plant, you would add about five cents




a thousand gallons?




             MR. COULTER:  If you wanted to go to com-




plete phosphate removal,  as they are doing, for instance,




in the Tahoe installation in California.




             MR. OEMING:   That answers the question.

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                                                       318



            Grover Cook and Stephen Megregian




             MR,  STEIN:   Thank you, Mr.  Coulter.   Remain



available, please„




             MR.  OEMING:   I guess Mr.  Cook might  answer




this, and perhaps you have answered it in another way.




             When you say that discharges are endangering




the health and welfare of persons in states other than




those in which such discharges originate, is this demon-




strated primarily in the body of the Lake now by  the




enrichment of the Lake,  the nutrient problem?




             MR.  COOK:  Yes, sir.




             MR.  OEMING:   You said there was no bacterial




contamination.




             MR0  COOK:  That is right.




             MR.  OEMING:   On the question of land drain-



age, I have asked you if that can be corrected, and you




have answered that you don't know how, haven't you, or




you have no proposals at this time for us to adopt here




as conferees?




             MR.  COOK:  No, sir.



             MR.  OEMING:   At the bottom of Page 2, the




recommendations which limit the effluent concentration




of a particular waste constituent are made, with the pur-




pose of reduction of waste loadings from a facility.




             Shouldn't the purpose be to abate pollution?

-------
                                                       319
            Grover Cook and Stephen Megregian

             MR. COOK:  That is correct.  This is inserted
here, because it would be conceivable that particularly
an industrial organization could reduce their concentra-

tion by merely diluting it with more lake water.

             For example, yesterday, when we were taking
our trip up the Cuyahoga River, we saw two large twin

outfalls that were side by side, and separated only by

a concrete wall.  One of these contained a very strong
waste, and the other only cooling water.

             It would be a simple matter to go up the
sewer a little ways and break a hole and dilute it.
             This we don't want to have.

             MR. OEMING:  With reference now to your

specific recommendations on municipal wastes, in view of
the importance we have attached so far in this conference
to phosphates, could you tell me why hasn't a figure been
given for phosphates as a goal, a concentration goal, in

your recommendations?
             MR. COOK:  We recognize that treatment plants
have individual designs, and we are reasonable people.
             I think that the best we can do is ask for

maximum phosphate removal under the best operating prac-

tices.
             MR. OEMING:  Well, I would like to know what

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                                                       320



            Grover Cook and Stephen Megregian



you think is maximum for phosphate removal?



             MR. COOK:   We have said in the report as



much as 65 per cent should be removed, with a plant that



was well designed and well operated.



             We recognize some plants are not that well



designed, and less removal might be effected even at




maximum secondary treatment.



             That is the best we can do, I'm afraid.



             MR. OEMING:  All right.



             MR. STEIN:  Let me see if I understand it.



             I wish Mr. Coulter wouldn't disappear so



rapidly.  Maybe he can hear this.



             As I understand the situation here, there



is a tremendous variance in the phosphate removal in



secondary treatment ranging between, you said, about



25 and 75 per cent.



             The notion that these people have, I think,



is to maximize  the operations of every secondary treat-




ment plant, to  remove  the maximum amount of phosphates



in this area.



             It is recognized that not all plants will



be able to  get  up to 75 per cent removal because of  the



basic design of the plant, but we will  try to get as



much phosphates out as we  can.  The  notion is to try to

-------
                                                       321




            Grover Cook and Stephen Megregian



go ahead and do that and see how much that will alleviate



the problem.




             When that is done, as I think this report



points out, there will have to be a reevaluation.  If




more phosphates have to be removed, then we may have to



consider some of the techniques that Mr. Coulter was



talking about, as, after secondary treatment, a floccu-




lation and filtering operation to remove additional




phosphates.



             I think this is the proposal, and their pro-



posal is to try to make do with the existing secondary



plants and see how much phosphorus we possible can get




out by giving them a fair run under the best operating



conditions „



             MR. OEMING:   Do you like the answer that



your attorney gave here?



             MR. COOK:   I did.  I'll enjoy reading that



later, I'm sure.




                  (Laughter,)



             MR. OEMING:   Recommendation No. 4 states:



"All new sewerage facilities be designed to prevent the



necessity of bypassing untreated waters."




             Would you enlarge upon that a little as to

-------
                                                       322




            Grover Cook and Stephen Megregian




what you mean by "sewerage facilities," first?




             Do you mean interceptors, pumping stations,




and treatment works, the whole system?




             MR. MEGREGIAN:  No.  This is intended for




the sewerage treatment'plant itself.




             MR. OEMING:  All right.




             On Recommendation No. 5 here, again we run




into this "maximum" business, which apparently gets to




be kind of elastic.




             What do you mean by "the maximum practicable




amount of combined flows to and through treatment plants"?




Can you express this in more specific terms?




             MR. MEGREGIAN:  We cannot pin this down to




ratio per volume, because in most cases these sewerage



systems are already in place.  They already have a volume



ratio between the dry weather flow and the storrawater,




and so on.




             What we are aiming at here is to try to




prevent the unnecessary spillage of any combined sewerage



or raw sewerage, for that matter, which the system can



take to the treatment plant.



             MR. OEMING:  Then do I understand, Mr. Meg-




regian, that where you have a combined system that is




taking the maximum now  that the plant can handle, you

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                                                       323



            Grover Cook and Stephen Megregian



are satisfied with this?



             MR. MEGREGIAN:  We are satisfied only to the




extent that we can't do much about it right at this mo-



ment.



             I think the Department of Health, Education,



and Welfare has no specific recommendations at this time



as to what to do with stormwater overflows.  We are em-



barking on a rather large--



             MR. OEMING:  You can stop right there.




That's all I want to know.



                  (Laughter.)



             MR. OEMING:  Also, in Recommendation No. 5,



you say:  "Combined storm and sanitary sewers be pro-



hibited."



             Do you know what improvement will result?



And in order to help you with the answer to this ques-



tion, are you aware of the detailed studies that were



made on a separate sewer system in connection with the



Detroit River-Lake Erie Project, and the results of that,



and what, in terms of pollutants, you get out of a sepa-



rated system, and so forth?



             MR. MEGREGIAN:  I am not too fully aware



of that particular study.  However, I believe that a



study of a similar nature was carried out by the Sanitary

-------
                                                       324



            Grover Cook and Stephen Megregian




Engineering Center —




             MR. STEIN:   Let's call on Mr.  Harlow for




this.  A good many of these questions are engineering




questions.




             Mr. Harlow, will you come up and identify




yourself?




             As 1 pointed out before, we have a variety




of specialists.  Mr. Cook is a biologist, Mr. Megregian




is a chemist, and while these people are very familiar




totally with the field, I think it is best on the spe-




cifics to have someone in the particular field.




             As you have probably guessed by now, Mr.




Oeming is an engineer, and a very good and a cute one,




so we will try to have an engineer answer some of these




questions.



             Would you identify yourself, please?



             MR. HARLOW:  For the record, my name is




George Harlow.  I am with the U. S. Department of Health,




Education, and Welfare, and I am the Director of the



Detroit River-Lake Erie Project.




             Hello again, Mr. Oeming.




             MR. OEMING:  How do you do, Mr. Harlow.




             Do you know my question?




             MR. HARLOW:  I think I do.  What you are

-------
                                                       325
                  George L. Harlow
inferring here is the comparison of what comes out of
a separate system compared to what enters the receiving
stream from a combined and separate system.
             MR. OEMING:  No.
             MR. HARLOW:  From a combined storm and sani-
tary system.
             MR. OEMING:  All right.  Will you answer
that?
             MR. HARLOW:  The report that you are re-
ferring to is comparing the City of Detroit system with
the City of Ann Arbor system, Ann Arbor having a separate
system and Detroit having combined.
             The record shows that approximately ten-fold
or ten times the amount -- I am thinking of coliform
bacteria now — comes out of the combined system as
compared to the separate systems, and in addition it
indicates that this polluting material that is discharged
from a separate system is more animal pollution than it
is human pollution.  It is still pollution though because
it does degrade water uses.
             MR. OEMING:  My question, Mr. Harlow, is
when you have a nice separate system, the separated
storm system, would you say this was acceptable in all
cases for discharge and would not interfere with water

-------
                                                       326
                  George L. Harlow
uses?
             MR. HARLOW:  No, it is not acceptable.
             As I recall some figures now from the Ann
Arbor system, the report shows that a coliform count is
approximately 1,000,000 from the separate system, and
this is still a considerable amount.
             MR. OEMING:  Thank you very much.
             MR. HARLOW:  I would not recommend that for
water contact sports.
             MR. OEMING:  Thank you very much.
             MR. HARLOW:  Any more questions?
             MR. OEMING:  Not any more from you.
             I have another one I think for either Mr.
Cook or Mr. Megregian.
             On Page 4, you make recommendations about
filing reports of analyses, and you list a whole series
of them, plus some others.
             I wonder if you mean this as you say it, or
whether these substances would only be reported where
they are applicable, or whether they are inherent in the
process?
             MR. MEGREGIAN:  That is what we mean.
             MR. OEMING:  All right.  What in your opinion
is the legitimate interest in the information that is in
open  files  by State  agencies?  Who has a legitimate

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                                                       327
            Grover Cook and Stephen Megregian
interest in this besides the Federal Government, I mean?
             MR. MEGREGIAN:  Those people that have
regulatory responsibility.
             MR. STEIN:  Mr. Oeming, may I say this —
             MR. OEMING:  I am asking him.
             MR. STEIN:  I know you are asking him.  That
is a legal concept and I have answered this before.
             In my opinion, a newspaper reporter has a.
legitimate interest, not just a regulatory agency.  We
have made that abundantly clear.
             MR. OEMING:  I think that is all, Mr. Chair-
man.
             MR. STEIN:  Thank you very much.
             MR. OEMING:  Thank you for answering my ques-
tions.
             MR. STEIN:  Yes,  Mr. Poole?
             MR. POOLE:  Well, I have a few.  Mr. Oeming
covered several that I had jotted down.
             My first one is on Page 20 where you refer
to this 2,600 square miles of area in the Lake with a
low dissolved oxygen.
             My question is, does this 2,600 square miles
involve interstate portions of the Lake, or is it con-
fined to the Ohio section of the Lake?

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                                                       328



            Grover Cook and Stephen Megregian



             MR. MEGREGIAN:  The 2,600 square miles is



the result of something that is happening through inputs



throughout the Lake, and, therefore, to my way of look-



ing at it, it vould apply to all of the Lake area.



             MR. POOLE:  In other words, you class it



as an interstate problem?




             MR. MEGREGIAN:  I am no lawyer in this case,



but I certainly do, yes.



             MR. POOLE:  My next question, and Mr» Oeming



referred to this, is on the statement you have on Page



25, at the bottom of the page, with reference to indus-



trial waste data that had not been made available for




computation.



             My question is, does this involve data from



Indiana industries?



             MR. MEGREGIAN:  No, sir.  I believe the



Indiana Department of Water Pollution Control, or the



Stream Pollution Control Board has made the data avail-



able to us as we needed.



             MR. POOLE:  Thank you.  I thought we had.




I just wanted to be sure.



             Now, I don't want to start beating this



phosphate removal thing around again.  It has occupied



a good portion of the questioning part of the afternoon.

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                                                       329




            Grover Cook and Stephen Megregian




I candidly have some personal misgivings about the 65




per cent removal by secondary treatment plants, and I




want to be sure from you, Mr. Stein, that your defini-




tion or your answer to Mr. Oeming's question prevails.




             As I understand your answer, you were saying




that rather than the 65 per cent, which is documented on




Page 28, that it was the intent of HEW that all of us




who have secondary treatment plants operate them to the




maximum efficiency that we can get out of them for phos-




phate removal.




             Is that correct now?




             MR. STEIN:  That is as I understand the




investigators, yes.  This is what they meant by that.




             MR. POOLE:  I wanted to get that clear,,




             We have some sewage treatment plants in




Indiana where, by a major redesign and major additions



or rebuilding of the treatment plant, we might accom-




plish the 65 per cent removal, but I am very skeptical




about our being able to do that without what I would



classify a major overhall to at least the sludge re-



moval into the sewage treatment process.




             MR, STEIN:  I couldn't agree with you more.




This is my personal view too.




             As a matter of fact, if you had to do  that,

-------
                                                       330
                       \
            Grover Cook and Stephen Megregian

it might pay to get to the flocculation business, and

it might be a lot cheaper than tearing down an existing

secondary plant and rebuilding it.  What 1 was trying

to do was clarify what I think the intent and the thrust

of this recommendation of the investigators is.

             MR. POOLE:  My question now, and I don't

want to belabor this Michigan situation, and I guess,

Mr. Stein, this question is addressed to you more than

to the men over on the end, is, I am a little bit con-

fused in that I am aware of the June conference in De-

troit, and 1 have a copy of the conclusions that the

conferees agreed to.

             The part where I am just a bit confused

is that 1 had assumed, when I came here as a conferee

on Lake Erie, that we were to include in our delibera-

tions the Michigan load, just the same as the Indiana

load and the Ohio load, the New York load, and the

Pennsylvania load.

             I am correct in that assumption, 1 hope?

             MR. STEIN:  Yes.  I don't see how the facts

of the situation would permit otherwise.

             MR. POOLE:  I don't want to go back to  the

Michigan conclusion, but I am not sure that there is

complete harmony.  Maybe there is, and we will deliberate

-------
                                                       331
            Grover Cook and Stephen Megregian
on that later on.
             I just want to be sure there is complete
harmony between the Detroit conclusions and the recom-
mendations that are made for the rest of us that are
involved in Lake Erie.
             MR. STEIN:  I would hope this would prevail.
             I think the answer about the load is answered
by geography for us.  The Detroit River flows into Lake
Erie, as well as the Cuyahoga and the other rivers, and
it contributes to the load.
             The correction we made here obviously re-
ferred to the statement that the Michigan Water Resources
Commission didn't agree to anything at the Detroit con-
ference.  The conferees agreed to that, and that has
been corrected.
             I would hope that the conferees would adopt
recommendations here which would be compatible with and
consistent with the recommendations made at Detroit.
             MR. POOLE:  This next question is directed
to Mr. Cook.
             Mr. Cook, the best we could determine is
that we had 2,500 to 3,000 pounds of phosphates that
are added to the Maumee River at Fort Wayne.  It is 135
miles from Fort Wayne, Indiana, down the Maumee River

-------
                                                       332




            Grover Cook and Stephen Megregian




Co Lake Erie.




             My question is, what happens to those Indiana




phosphates?  Do they all show up as a part of this Lake




Erie total, or are they used by this prolific algae




growth that you referred to in the Maumee long before




they get to Lake Erie?




             MR. COOK:  Well, Mr. Poole, this is an ex-




tremely complex situation, as you know.  Certainly, those




nutrients do develop some very intense algal blooms of




a most undesirable quality, namely the blue-greens, which




cause noxious odors and taste in drinking water.




             The fact that they are taken up by the algae




and probably almost reduce it from the water is only a




temporary thing, however.  The algae, as they dry off,




release these phosphorus materials so that they again



become dissolved in the water and move on down the stream.




Not all of them do, and I am not prepared to say how many




or what percentage, but it is somewhere between 5 and 95




per cent, I guess.



             That is about the best we can say about it,




but I am reasonably sure that some of the phosphorus



material entering the river at Fort Wayne and New Haven




does find its way eventually into Lake Erie.




             MR. POOLE:  Not being a biologist, I can't

-------
                                                       333



            Grover Cook and Stephen Megregian




contest that answer.




                  (Laughter.)




             MR. POOLE:  I have another question of one




of you, and that is, did you collect data on the Maumee,




and, incidentally, on  the St. Joseph and the St. Marys




at or near the Indiana-Ohio line?




             I note that in your report there was no




reference made to the  condition of these rivers at the




State line.




             MR. MEGREGIAN:  Not at the exact State line.




Our sampling stations were at Antwerp, or near Antwerp,




Ohio, which is on the  other side of the line, perhaps




about ten miles.




             MR. POOLE:  Of course, you have a station




just inside the Indiana border, where you collected some




data as a part of the Maumee survey?



             MR. COOK:  No, sir.




             MR. POOLE:  Now, on Page 57 of Part 2, you




referred to two plating plants in Fort Wayne, Indiana*



which contribute large amounts of cyanide and heavy




metals.  Then you go ahead and document it with 38 pounds




from one company, and  later on in a table you refer to




the 38 pounds again.




             I did a little mental arithmetic, and the

-------
                                                       334



            Grover Cook and Stephen Megregian




absolute minimum river flow is somewhere in the vicinity




of 38 million gallons a day.  This would be a pound of




cyanide for a million gallons of river water, or less




than a tenth of a part per million,,




             It seemed to me you were laying it on a bit




heavy when you were talking about large amounts of cyan-




ide *  I wondered if that tenth of a part per million




wouldn't have disappeared in a very short distance as it




went down the river.




             What do you think?




             MR. COOK:  Well, Mr. Poole, it is very diffi-




cult finding major contributors in Indiana, and I think




this is why it has worked its way in.




                  (Laughter.)




             MR. POOLE:  Thank you.



             MR. COOK:  Certainly you are right.




             MR. POOLE:  I almost withdrew that question




after I found you referring this morning to a Federal




installation that had only two employees.  I will admit




it is not quite fair to you.




                  (Laughter.)




             MR. STEIN:  You know, we have been through




this before, Mr. Poole.  One thing we do is take them




big and small, as you well know.

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                                                       335




                 Grover Cook and Stephen Megregian




             Mr. Poole has been through this with us




on hearing boards and in cases before.  We have found




the most difficult thing is to make a cutoff as to who




is a significant polluter and who is not, and the only




way we have been able to resolve this is to take them




all.




             One thing we don't do, no matter how large




the city is or how large the industry, we don't hesitate




to call them in too, but then we get to the other end of




the telescope and we come up with a water closet.




             MR. POOLE:  I think those are all the ques-




tions 1 have, except for the benefit of you who may




study the report, we can't find that 10,000 people in




five unsewered communities on the St. Marys River,




I think there is something wrong with that figure.




             That is the end of my questioning, Mr.



Chairman.




             MR. COOK:  Thank you, Mr. Poole.




             MR. STEIN:  Is there any comment on that



last statement?




             MR. COOK:  We will check into that.  There




may be  an error someplace.




             MR. STEIN:  Thank you.  Mr. Boardman?

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                                                       336




            Grover Cook and Stephen Megregian




             MR. BOARDMAN:   The formal statement for




Pennsylvania will be presented at the second session of




the conference that will be held in Buffalo, New Yorko




             1 would like to make a couple of comments




and ask some questions about the conclusions that were




presented today, since we won't be able to represent




ourselves in any other way today»




             This matter that Mr0 Poole and Mr. Stein




were discussing, about small sources of pollution and




large sources of pollution, is quite appropriate, be-




cause if you look at the map you will see Pennsylvania




is a very small share of the basin land area, although




by reading the Summary and Conclusions in the report




this isn't very apparent.



             When I first looked at it and saw Lake Erie




and the tributaries were polluted, the first question



in my mind was, were all the tributaries polluted, and




1 would like an expression from Mr. Cook or Mr<> Megregian




about what percentage of the tributaries from Pennsyl-



vania are polluted, or are they all polluted?




             This is one question I have.



             MR. MEGREGIAN:  We are getting ahead of




ourselves.  We intend to read that part of the report




next week.

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                                                       337
            Grover Cook and Stephen Megregian
             MR. BOARDMAN:  The reason I asked the ques-
tion is because the conclusions were read today, and it
stated that the tributaries and the Pennsylvania streams
are polluted„
             I would hate to see the audience here go
home and say that Pennsylvania has a real pollution
problem in Lake Erie.  We don't think we do.  As a matter
of fact, I am somewhat surprised at some of the conclu-
sions that were arrived at.  But this is why I asked.
             I might point out that in Part 3, if you
look at the Pennsylvania section, we talk about trout
fishing and a number of other activities in the tribu-
taries in the Pennsylvania part of the basin.
             MR. COOK:  Mr. Boardman, your situation is
somewhat similar to Indiana's*
             We recognize that the State of Pennsylvania
has done a good job in that part of the State, and prob-
ably throughout the State,  However, you will agree, I
am sure, that there are some polluters there, and we
hopefully will get those taken care of.
             Perhaps we will go into more detail next
week.
             MR. BOARDMAN:  Right.  I am sure you will.
We do have some localized problems, and we hope that

-------
                                                       338
            Grover Cook and Stephen Megregian
our Department of Water Works is taking care of them.
             Down on Page 1 where you indicate the dis-
charge of municipal and industrial wastes in Michigan,
Ohio, and the others, are endangering the health and
welfare of persons in other States than those in which
they are originating, 1 think it was pointed out that
here we are talking about phosphates.
             Is that correct?
             MR. COOK:  That is correct.
             MR. BOARDMAN:  And also, further back in
the report, on one of the tables, you indicated that
Erie would remove 1,200 pounds of phosphate.
             Does this mean that there would be no inter-
state pollution there from Pennsylvania?
             MR. COOK:  It would certainly help.
             MR. BOARDMAN:  This is the point that bothers
me.  On what basis was this statement made?  By measured
phosphate levels in the waters in the Pennsylvania por-
tion of the basin, or is  this a generalized statement
just saying that there are phosphates contributing to
the basin, so everyone is causing pollution?
             MR. MEGREGIAN:  This is part of the total
contribution to the Lake, which can be effectively con-
trolled by a concerted effort by all of  the  input

-------
                                                       339




            Grover Cook and Stephen Megregian




sources.




             MR. BOARDMAN:  But is this considered to




be made on specific chemical indicators, levels of phos-




phates in water, or is this just a general conclusion?




             The point I am getting at is, could we go




to Erie and say, "Fellows, if you remove this much phos-




phate, Pennsylvania will be contributing no more inter-




state pollution to the waters of Lake Erie"?




             MR. MEGREGIAN:  No, I don't think that means




that at allo  1 think that it means that Pennsylvania,




and every other contributor of phosphate to the Lake,




will always have to concern itself with how much it may




have to remove today and perhaps tomorrow or sometime




in the future as these loads increase.




             It isn't the per cent removal that matters,




but it is how much in pounds can the Lake itself tolerate




and remain in a suitable condition.



             MR. BOARDMAN:  I understand this.  If we




were talking about cyanide, you could tell Erie that,



okay, you would have to remove a certain amount and




you can only discharge so much cyanide, but this is




the question I am raising.




             Do you have the information to tell Erie




or any other of our municipalities how much phosphate

-------
                                                       340



            Grover Cook and Stephen Megregian




they can discharge and not --




             MR0 MEGREGIAN:   I don't think we would be




in any position to tell them that.  I think that we would




say specifically that Erie should do the best it can




under the conditions that it has available to it right




now.




             MR. BOARDMAN:  May I go one step further?




             Do you know how much phosphate the Erie




secondary treatment plant is removing now?




             MR. MEGREGIAN:   We do not know how much it




is removing now.  These calculations were based on popu-




lation equivalents.




             MR. BOARDMAN:  I don't see how you can say




that there is interstate pollution being caused from




Pennsylvania.




             This point bothers me, and I am sure it




will be explored further next week, but I think there is




very little fact to back up the conclusions that are




made in the report.



             I have one more brief comment, if we can




skip over to Page 2, which is Pennsylvania's paragraph




evidently in the report.




             We are getting down to some pollution prob-




lems in Pennsylvania that Mr. Cook has thrown his hands

-------
                                                       341




            Grover Cook and Stephen Megregian



up to say that we don't know what to do with reference



to them.  I think he threw his hands up at the combined



sewer overflow, land drainage, and also accidental spills




and wastes from lake vessels.



             I think that this paragraph, even though it




says Lake Erie and the tributary streams in the Pennsyl-




vania basin are polluted, the remedial measures necessary



to remove this pollution are in the area of the unknown,



and that evidently, even though the report doesn't say



it, our municipalities and industries have done a good



job in water pollution control in the Lake Erie Basin.



             That is all I have, Mr. Stein.




             MR. STEIN:  All right.  Do you have any



other comments on that?



             MR. COOK:   No, I haven't.



             MR. MEGREGIAN:  It sounded like an editorial



that he wanted to put in.  I have no comment on it.



             MR. BOARDMAN:   May I clear up a point?



             It may be a statement that looks good in



this report, but when our newspapers in Erie pick up



this report and print it, and ask the Department of Health



why it is doing such a bad job, then it comes back to



haunt us, and I don't think this is the case.



             MR. COOK:  I am sure, as I said before, we

-------
                                                       342



            Grover Cook and Stephen Megregian



can get more detail on this in Buffalo next week.



             MR.,STEIN:  Mr. Hennigan, do you have any



questions or comments?



             MR. HENNIGAN:   Like Pennsylvania, most of



our comments and presentations will be made next week



in Buffalo.




             However, I would like to point out that



New York, as far as Lake Erie is concerned, is the down-



stream State, that the Niagara River is not a tributary



to Lake Erie, and that in terms of percentages of  total



loads into Lake Erie, the New York State contribution



in practically every instance will be in the neighbor-



hood of one per cent or less, which will be more fully



developed at the Buffalo meeting.



             MR. STEIN:  Thank you, Mr. Hennigan.



             Who wants to speak for Ohio, either or all?



             DR. ARNOLD:  We have a couple of questions.



             MR. MORR:  We have several lines of inquiry.



             I am Fred Morr, Director of the Department



of Natural Resources.



             I should like Mr. Cook to refer to a  letter



from Assistant Secretary James M. Quigley, Department of



Health, Educationt and Welfare, dated April 22, 1965, in




which he says, and I quote:

-------
                                                       343




            Grover Cook and Stephen Megregian




                  "Our report, studies and surveys indi-




             cate that extensive pollution is occuring




             in Lake Erie.  They have not demonstrated




             that this pollution is in fact interstate




             in nature within the meaning of the law."




And now this report, of course, dated July 1965 does




establish on Page 1, Paragraph 6 that, and 1 ask is this




a conclusive finding, as our conferee from Pennsylvania




said, discharges of municipal and industrial wastes




originating in Michigan, Indiana, Ohio, Pennsylvania,




and New York are endangering the health or welfare of




persons in States other than those in which such dis-




charges originate?




             Have we stablished that there is interstate




pollution in Lake Erie irrevocably and conclusively?




             MR. COOK:  The answer is yes.




             MR. MORR:  We have?  With this in mind,




and since this is interstate, may I refer you to the




bottom of Page 24 for a moment?



             You state, in the last paragraph:




                  "Approximately 79 per cent of the total




             municipal waste in Ohio-Lake Erie Basin re-




             ceives secondary treatment."




Then we find at the top of Page 25 that on-ly 11 per cent

-------
                                                       344




            Grover Cook and Stephen Megregian




of the total population receives secondary treatment.




             We then move to Page 27, and under "Nitrogen




Compounds," we find that the largest input is the Detroit




River, and other major sources are the Maumee and Cuya-




hoga Rivers, and the industrial and municipal discharges




at Toledo and Cleveland.




             We then go to the last sentence on Page 27,




which states:




                  "However, the institution of secondary




treatment will significantly reduce nitrogen inputs and




thereby aid in the control of local problems as well as




total inputs to the Lake."




             Then at Page 28, under the "Soluble Phos-




phate" finding of the Public Health Service, in the




second to the last paragraph, it states:



                  "A 65 per cent reduction of phosphate




inputs can be achieved through secondary sewage treat-




ment, operated to effect optimum phosphate removal<>




Secondary treatment provides additional benefits through



greater reduction of oxidizable organic matter, disease-




causing organisms, phenolics, nitrogen, and other waste




materials."



             Now, then, referring  to  the listing, you




state Detroit may reduce by 45,500 pounds. You then

-------
                                                       345



            Grover Cook and Stephen Megregian



mention Toledo.  Here, you might note, we already have



secondary treatment begun, so there is a possible error



here in your listing.



             At Toledo, and moving down to Sandusky,



Lorain-Avon, Lakewood, Westerly, Easterly, Euclid and



Erie, I would like to point out that Easterly Cleveland




has already begun secondary treatment.



             Computing this, we have 63,600 pounds re-



ducible per day, and with Michigan contributing, accord-



ing to your figures, some 63,500 pounds of the total,



and using the total 62,600 -- and I go through these



figures rapidly because this is not my main query, but



I think the record shows it -- this would indicate that



today we might reduce 62,600,000,000 pounds of algae




per day.



             Assuming then that these figures are cor-



rect, and I am using Mr. Cook's one pound of soluble



phosphate removing one million pounds of algae, might



it then not be wondered why -- and herein lies my query --



why do not the recommendations, in the light of these



citations and conclusions, found in Part 2, Pages 69,



75,79, 87 and 95, include the secondary treatment fa-



cilities when, according to Page 29 of the report,



Part 1, that should be given top priority, and which

-------
                                                       346
            Grover Cook and Stephen Megregian
would provide significant, and I am quoting from Page 29,
improvements in the water quality in Lake Erie observable
within a few years?
             This is what we saw in Ohio, observable
within, in your conclusions, a few years, significant
improvement in the water quality in Lake Erie.
             Do you understand my query?
             MR. MEGREGIAN:  I think I have tried to
follow your question.
             I think the first point we want to make
here is that the corrections that are listed on Page 28
with respect to the phosphate removals from these var-
ious plants did take into account the secondary treat-
ment already existing, and the point here is that we
are certain that most of these plants were not operat-
ing to effect maximum phosphate removal, but were oper-
ating to effect perhaps normal BOD reduction, without
concern for phosphates.
             MRo MORR:  My question is why was not second-
ary treatment conceived, since you gave it such top
priority as being needed?  Why were not secondary treat-
ment recommendations made?
             MR. STEIN:  Sir, in the interests of time,
if you look at Page  3, as  I understand the format of

-------
                                                       347




            Grover Cook and Stephen Megregian




the report, and I have no brief for the format, but here




is what they say:




             They came up with a general recommendation




that municipalities be given secondary biological treat-




ment.




             All the other places that you cited, as I




read the report, assume that the secondary treatment will




be given, and they are in addition, but they have recom-




mended secondary treatment for all municipal wastes.




             Is that correct?




             MR. MEGREGIAN:  That is correct.




             MR. STEIN:  And I think that, in answer to




your specific question, they did recommend it.




             MR. MORR:  Yes.  You did, I understand, but




we have a great sensitivity, if I might say so, in the




recommendations leading toward improvement of industrial



treatment and municipal treatment, and I was just trying



to bring into play here or into the discussion or into




explanation the failure to perhaps give sufficient atten-



tion to secondary treatment in our sewer treatment fa-




cilities in Ohio and in Michigan, and perhaps the other




States, when top priority, at Page 29, is given secondary




treatment.




             I just wondered, was there an attempt to

-------
                                                       348
            Grover Cook and Stephen Megregian
equalize the effect of industrial wastes and sewage
treatment?
             MR. MEGREGIAN:  As far as I can understand
what you are trying to say, we have no intention of
minimizing the need for secondary treatment anywhere
in the basin.
             MR. MORR:  It is very necessary, and needs
top priority, according to your conclusion on Page 29.
             MR. MEGREGIAN:  That is correct.
             MR. MORR:  Thank you.
             MR. STEIN:  Are there any further questions?
             Go ahead, Mr. Eagle.
             MR. EAGLE:  I am George Eagle from Ohio.
             I would like to go back to this table on
Page 28 again.  Could you explain to me just how you
arrived at these figures of 2,900 pounds in the case of
Toledo, and 6,800 pounds in the case of Easterly?
             Is this based on 65 per cent reduction?
             MR. MEGREGIAN:  Mr. Eagle, where the present
treatment was already secondary, we assumed that this
plant was removing 35 per cent, and through additional
controls could probably increase its removal up to 65
per cent.
             Where the treatment plant is presently

-------
                                                       349
            Grover Cook and Stephen Megregian
primary, we expected the secondary treatment then to re-
move 65 per cent.
             These figures are based on population
equivalents of phosphate, rather than exact measurements
from the effluents of these cities.
             MR. EAGLE:  Then, going back to your Recom-
mendation No. 2 on Page 3, about what you mean in lieu
of phosphates, you mean 65 per cent then?
             MR. MEGREGIAN:  I'm sorry?
             MR. EAGLE:  Would you mean Recommendation
No. 2 on Page 3?
             The question was asked you a while ago
what you meant by maximizing the removal of phosphates.
You are using 65 per cent as your figure?
             MR. MEGREGIAN:  That is correct.
             MR. EAGLE:  Then if they don't remove 65
per cent of the phosphates, we will be expected to do
something about it?
             MR. MEGREGIAN:  I don't think that is quite
correct, Mr. Eagle,
             MR. EAGLE:  All right.
             MR. MEGREGIAN:  I think that if the plant
can demonstrate that this is the best it can do without
extensive increases in capital investment and other
engineering devices, we would be satisfied.

-------
                                                       350
            Grover Cook and Stephen Megregian



             MR. EAGLE:  Well, I would like to go to



Page 85.



             In the fourth paragraph, you say there are



20 known industries that discharge to the Greater Cleve-



land Lakefront.



             We would like to have a list of those 20



industries.  We would like to know where they are and



who they are, because, to the best of our knowledge, we



do not have them.



             This can be for a later time, but we would



like to have that list.



             MR. MEGREGIAN:  We will provide it.



             MR. EAGLE:  Going down now to the next to



the last  paragraph, where you say that the City of



Cleveland has approximately 383 combined sewer overflow



structures, and so on, and talking about the 250 addi-



tional overflow devices, and so on, this is indicated



to be a very bad situation.



             Where is  this reflected specifically in



your recommendations, what should be done about this



situation?



             MR. MEGREGIAN:  The recommendations for




Cleveland?



             MR. EAGLE:  Yes.

-------
                                                       351
            Grover Cook and Stephen Megregian
             MR. MEGREGIAN:  The controlling of the storm-
water overflows to maximize the return of all wastes to
the city treatment plant.
             MRo EAGLE:  I think there is a little more
to it than that.
             MR. MEGREGIAN:  Yes, and the development of
a master sewerage plant to take more.
             MR. EAGLE:  But I understand that was taken
out by Mr. Stein, is this correct, that you did not have
the authority to recommend?
             MR. STEIN:  Yes, to recommend a regional
organizationo
             By the way, now that you brought this up,
I don't think this is any different with the State than
with us.  You don't go into any community and tell them
what kind of regional organization to set up.
             MR. EAGLE:  No.
             MR. STEIN:  And our authority on that is
precisely the way yours is.
             MR. EAGLE:  That is right.
             MR. STEIN:  We can't, and I don't think it
would be appropriate, under your law or our law, for us
to even think about it*
             MR. EAGLE:  Well,  I noticed you were very

-------
                                                       352
            Grover Cook and Stephen Megregian
specific with regard to Defiance about correcting their
sewerage situation, and so on, but you were not specific
in this regard with Cleveland and some of the other areas
where they have different problems.
             I just wish to point out that which I con-
sider to be a deficiency in the report„
             I think that is all I have.
             MR. STEIN:  Mr. Eagle, again, I will try to
explain what these fellows have done.
             In trying to shorten their report, they have
used a word that engineers love —  extrapolated.  They
have taken out general conclusions, so they didn't have
to repeat them for each city.
             Part of this general conclusion, as 1 under-
stand it, is full secondary treatment for all municipal
wastes.  It is not because of lack of emphasis that they
didn't want to keep repeating this over and over again.
             Presumably this is the recommendation they
are making for Cleveland.  Is this correct?
             MR. MEGREGIAN:  Absolutely.
             MR. STEIN:  You might want to pursue this,
but I think this is the point.  The point is they made
this on Page 3 and they didn't say it again.  They just
said it generally, and this applied every place you see

-------
                                                       353



            Grover Cook and Stephen Megregian



a municipality, large or small.



             MR. EAGLE:  Thank you.



             MR. STEIN:  Are there any other comments



or questions?



             MR. HENNIGAN:   Could I make a comment, Mr.



Chairman?




             MR. STEIN:  Certainly.




             MR. HENNIGAN:   I get the impression from the



presentation and going over some of the material, that



the major pollutional situations and the toughest prob-



lems are centered in the major urban centers around the



shore of the Lake, Detroit, Toledo, Cleveland, Erie, and



the Buffalo-Niagara frontier.



             Is this a valid conclusion?  I mean, did I



reach a valid conclusion?



             MR. MEGREGIAN:  I don't believe there is



any doubt about it.



             MR. HENNIGAN:   Good.  Thank you.



             MR. STEIN:  Are there any further comments



or questions?



                  (No response.)



             MR. STEIN:  Again, given our experience on



this, I think we have reached the point of diminishing

-------
                                                       354



            Grover Cook and Stephen Megregian




returns for one day.



             We will stand recessed until 9:30 tomorrow



morning, same place.
             (Whereupon, at 5:50 p0m., the conference



was adjourned until Wednesday, August 4, 1965, at




9:30 o'clock a.m.)

-------
                                                       355



                  WEDNESDAY, AUGUST 4, 1965



                         9:30 A. M.








             MR. STEIN:  May we reconvene?  Mr. Oeming.



             MR. OEMING:  Mr. Chairman and Conferees:



             During the presentation of the Federal report



yesterday, there were quite a few modifications and some



corrections indicated by the discussion, and I would like



the Chairman to rule on how these will be taken care of




in the transcript of the testimony of the conference.



             MR. STEIN:  First, I want to thank Mr. Oeming



for his exhaustive review, and I think yesterday we saw,



at least to my mind, the American system of democracy in




operation, where one group puts out a statement, we subject



that to public view and discussion, and get that corrected.



             I think very many significant corrections were



made by Mr. Oeming, and the transcript and report will re-



fleet these corrections.  I think all the conferees should



be thankful to Mr. Oeming for perfecting the record and



certainly, in my mind, making that a significantly better



report.



             Thank you, Mr. Oeming.



             MR. OEMING:  Thank you.



             MR. STEIN:  Mr. Poston.  I wonder if we could



call on Mr. Poston for a continuation of the Federal

-------
                                                       356
presentation.



             MR. POSTON:   In line with procedures set forth




for the conference, we have invited other Federal agencies



that have interest in these matters of water pollution to



make known their ideas on this and give a statement.



             First, this morning, I would like to call on




Colonel R. Wilson Neff, District Engineer of the Corps of



Engineers, from Buffalo,  who will make a statement at this



time.

-------
                                                       357



                  R. Wilson Neff








              STATEMENT OF COLONEL R. WILSON



              NEFF, DISTRICT ENGINEER, U. S.



              ARMY ENGINEER DISTRICT, BUFFALO,



                         NEW YORK








             COLONEL NEFF:  Mr. Chairman and members of the



conference, ladies and gentlemen:



             I welcome the opportunity to outline to you



the responsibilities of the Corps of Engineers and the



interest of the U. S. Army Engineer District, Buffalo, in



the very challenging problem of preventing pollution of




Lake Erie and its tributaries.



             The Great Lakes drainage basin is under the



jurisdiction of the U. S. Army Engineer Division, North



Central, with headquarters in Chicago.  Within this area



the Buffalo District is responsible for the construction,



maintenance, and operation of improvements authorized by



Congress for navigation and flood control of the water-



shed area from Sandusky Harbor, Ohio, to the east.  The



U. S. Army Engineer District, Detroit, is responsible for



the area north and west of the Port Clinton-Marblehead pen-



insula.  It is important to note that the Corps of Engi-



neers is involved in both regulatory and operational

-------
                                                    358
                 R. Wilson Neff

activities.  I will first discuss our

                 REGULATORY ACTIVITIES



          The laws administered by the Corps of Engineers

provide for the protection of navigable capacity of the waters

of the United States and the prevention of pollution of such

waters as may be necessary to protect the public rights of

navigation.  The principal laws having a relationship to

water pollution are the Rivers and Harbors Act of 1899 and

the supplemental Act of 3 March 1905.  Section 10 of the

1899 Act provides for the regulation of construction,

excavation and filling in navigable waters.  Section 13 of

this Act makes it unlawful to deposit "refuse matter of

any kind or description. . . " into any navigable water.

Section 4 of the 1905 Act authorizes and empowers the

Secretary of the Army to prescribe regulations to govern

the transportation and dumping Into any navigable water,

or waters adjacent thereto, of dredging, earth, garbage,

and other refuse materials of every kind or description,

whenever in his Judgment such regulations are required

in the Interests of navigation.  Though the Oil Pollution

Act of 1924 is not applicable to the waters of the Great

Lakes, it has been held that oil discharged into navigable

-------
                                                      359
                  R. Wilson Neff
waters per se is a violation of Section 13 of the Act of
1899 (LaMerced, Circuit Court of Appeals, Washington, 84
Fed. 2nd 444).
             Specifically exempted from regulation under
Section 13 of the 1899 Act are liquid wastes, other than
oil as held above, passing into navigable waters from
streets and sewers.  Liquid industrial wastes, although
they may be pollutants, are not violations of the River
and Harbor Act of 1899 if they reach the water through
sewers.  In addition, the complexity of many sewer systems
renders the securing of necessary evidence to enforce
existing regulations a most difficult task.
             The Corps of Engineers, in the administration
of the laws, attempts first of all to eliminate illegal
deposits by encouraging industries to improve their treat-
ment of wastes, or use confined shore disposal.  If this
is unsuccessful, or technologically infeasible, the indus-
try is requested to remove, or pay for removal, of its il-
legal deposit.  In the event of refusal to remove the depos-
its, prosecution is recommended when supporting evidence is
obtainable.  Since the primary purpose of these statutes
is to protect navigation from obstruction and injury, enforce-
ment has been concentrated on the prevention of illegal de-
posits, including oil, that will impede or injure navigation.

-------
                                                         360
                     R.  Wilson Neff
             Legal recognition of the responsibility of
industry with regard to the deposition of industrial
solids by steel companies has been reviewed in other con-
ferences on this subject.  In brief, this involved the
successful enforcement of the Act of 1899 regarding the
depositing of flue dust in the Calumet River, Illinois,
by three major steel companies.  Following appellate court
decisions granting a new trial in favor of the Government,
and after some nine years of litigation, the case was dis*
missed pursuant to a stipulation with the Government,
wherein the steel companies agreed to pay annually for
the removal of flue dust deposited in the Calumet River
as a result of their operations.  Additional investiga-
tions are now being undertaken in view of this precedent.
             Other efforts toward pollution abatement by
the Corps of Engineers are the periodic issuance of the
regulations pertaining to pollution in the form of a
public notice which also contains a reference to the
applicable statutes and an invitation to the public to
report all violations and a follow-up on all complaints.
             Now let us turn briefly to our
                  OPERATIONAL ACTIVITIES

             Procedures and practices of the Corps of

-------
                                                       361



                  R. Wilson Neff



Engineers involving the construction and maintenance



of navigation structures and channels, flood control



works, and other public projects seek to preserve the



rights of many interests involved in the use of our



water resources.  This includes all aspects of navi-



gation, industrial use, recreation and conservation.



             Recently, there have been a number of



charges regarding the dredging practices of the Corps.



The need for maintenance of river channels and harbors



and our lakes and harbors seems to be clearly estab-



lished.  Many great industrial centers began and flour-



ished simply because of their proximity to waterborne



transport.



             Annual maintenance dredging here in Cleve-



land Harbor, which was brought up yesterday, including



the Cuyahoga and Old River Channels amounts to about



1,200,000 cubic yards at a cost each year of approximately



1 million dollars.  This material is deposited lakeward



of the east breakwater.  It is recognized that the



deposition of dredged material outside the breakwater



affects localized sedimentation rates but there is no



evidence that these operations have been detrimental



to shore installations or beaches.  Any pollutants from



the rivers and harbors which may be deposited in the lake

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                                                       362



                  R. Wilson Neff



by dredging would eventually be carried out by a natural



current action.



             While the dredging and disposal operation



may accelerate the movement of solids and to a minor



extent, liquid wastes, it does not add pollutants to the



waters.



             A decision to curtail the use of Lake Erie



for disposal would require the availability of alternate



areas if deep draft navigation is to continue to serve



the states involved.  There exists the possibility of the



disposal of dredged materials behind dikes or bulkheads.



This is being accomplished in the Detroit and Toledo



areas; however, in both these areas, this method of dis-



posal is more economical than hauling the material long



distances for disposal in deep water in the lake.  Within



a densely populated metropolitan area as we have in Cleve-



land where land filling areas are scarce, the cost of such



an operation does not compare favorably with lake dumping.



One estimate utilizing the extension to the Burke Lake



Front Airport indicates an additional cost above that



normally required for maintenance dredging of $1,750,000,



and the disposal area would be filled in about two years.



In accordance with the present practice, local interests



would be required to assume this additional cost.  One

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                                                       363



                  R. Wilson Neff



aspect, not considered in this estimate, is whether or



not the dredged material would make suitable fill mater-



ial.




             I might add at this point that the informa-



tion placed in the record yesterday regarding work being



performed in Lake Michigan with the Corps does not agree



with the facts that I have.  Our Chicago District states



that a permit for filling behind bulkheads in the East



Chicago Harbor and Indiana Harbor, Indiana, have been



issued by that office.  In both cases, the areas are



being used entirely for the disposal of slag from the



steel companies and no dredging is involved.  These oper-



ations are being performed entirely by private interests.



             The shore disposal at Toledo has been accom-



plished by direct pump out of the Hopper Dredge MARKHAM



which is based here in Cleveland and operated by the



Buffalo District.  The Hopper Dredge HOFFMAN, also based



here in Cleveland and operated by the Buffalo District,



is being modified this fall in order to be able to perform



the same operation in the Rouge River near Detroit.  It



should be noted that any pollutant in liquid form is not



eliminated by this type of disposal since dilution water



must be drawn off during the disposal operation.



             To summarize, it appears that future disposal

-------
                                                      364
                 R. Wilson Neff
of most dredged material will of necessity continue to
be in Lake Erie, and that control of the spread of pol-
lutants must come through the elimination of the sources
of pollution.  Since most forms of pollution reach navi-
gable waters via sewers in liquid state and do not cause
any obstruction to navigation, the Corps of Engineers
does not have a clear basis for attempting to eliminate
them.
             From my office in Buffalo, where I observe the
Niagara River and its inexorable flow which averages some
130 billion gallons per day and in 957 days is equivalent
to the total volume of water in Lake Erie, one is impressed
by the natural forces which are operating to assist in keep*
ing the water clean.  In the interest of economy it would
appear wise to take advantage of these natural forces and
the application of pertinent statutes and foresight to
accomplish the desired end of reducing pollution.
             Thank you.
             MR. STEIN:  Thank you, Colonel, for an excel-
lent presentation and description of the Corps' work.  As
you know, the Corps and we and certainly the other Federal
agencies are assisting in the Federal Water Pollution
Control Program, but the Corps of Engineers and we have
another bond because of all the agencies, both the Corps

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                                                       365



                  R. Wilson Neff



and we go before the same Committees of the Congress



for our legislation and review, so, as you can see, we



work together more or less like Siamese twins.



             Are there any questions or comments from



the panel?



                  (No response.)



             MR. STEIN: If not, thank you very much,



Colonel.



             MR. POSTON:   I would like to call on Mr.



K. L. Kollar, Director of Water Industries and Engin-



eering Services Division of the U. S. Department of



Commerce.



             Mr. Kollar is from Washington, D. C. and



represents the Department of Commerce.  I neglected to



include him in the list of names yesterday morning as



one of the Federal representatives who wishes to be



heard.



             Mr. Kollar.

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                                                          366




                 K. L. Kollar









                 STATEMENT OF




            K. L. KOLLAR, DIRECTOR




       WATER INDUSTRIES AND ENGINEERING




            BUSINESS AND DEFENSE




          SERVICES ADMINISTRATION




        U.S. DEPARTMENT OF COMMERCE









             Mr. Chairman, Conferees, Ladies and




Gentlemen:




             I am K. L. Kollar, Director of the Water In-




dustries and Engineering Services Division, BDSA, U.S.




Department of Commerce.




             The Department of Commerce has spearheaded




a nationwide drive to modernize U.S. industry over the




past two years.  Briefly, the purpose of this drive is




to improve our competitive position in the engineering




one-world market, and to increase our rate of economic




growth.



             It is not necessary to present Department of




Commerce statistics which indicate that our economy is




strong.  Nor is it necessary to show that we cannot




stand still.  We must continue to increase productivity,




lower costs, decrease unemployment, and increase consumer

-------
                                                         367
                 K. L. Kollar
buying if we wish to compete profitably in today's and
tomorrow's market and leave the same legacy of opportunity
for our children and grandchildren.  Part of the answer
rests in modernization.
             Certainly this Administration has provided
incentives and laid the groundwork for greatly increased
economic activity with the $11.5 billion tax cut, the
liberalized depreciation regulations, and the investment
tax credits.  These measures have been instrumental in
pumping more cash into corporate coffers for expansion
and modernization.
             The^Government can only set the stage, while
business initiative, ingenuity, and enterprise, power-
fully stimulated by the profit motive, are always the
factors most responsible for our economic growth.
             Modernization generally brings to mind
plant production equipment and the associated economic
benefits in addition to finance and research development.
             One of the most important benefits could be
the effect on water.
             The Department of Commerce would like to
emphasize to this Conference that great water pollution
control benefits can accrue from modernization.  Modern-
ization could decrease water use by conservation, re-

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                                                         368
                 K. L. Kollar
 circulation, reuse, multiple use, and stepped up use, while
 water pollution could be decreased by reclaiming wastes
 and preventing leakage and spills.
             Pollution need not always be controlled by
 treatment.  It could involve diligent process control,
 employee education, and recovery systems, which in a
 way, are part of modernization.  Companies spend money to
 study and survey efficiency of organization, operation,
 and production.  Considerable savings can be effected
 from surveys of in-plant water use and sources of pollution
 for the purpose of minimizing both.  Time does not permit
 recounting cases where companies, acting on their own
 initiative and with an eye to the future, have developed
 programs which will create very few problems to the en-
 forcement of water pollution control laws.
             This short presentation has emphasized
 some of the industrial aspects of water pollution, since
 the Department of Commerce has the responsibility for
 assisting and advising businessmen and acting as liaison
between business and the Federal Government.
             Industry has already invested hundreds of
millions of dollars on control and abatement facilities.
             These investments support the objective of
President Johnson's message to Congress on "Natural

-------
                                                         369
                 K.  L.  Kollar




Beauty of Our Country"  in which he charged municipalities




as well as industry "....to organize for action and re-




build and reclaim the beauty we inherited".




             It is therefore incumbent on local govern-




ment and industry to continue working hand in hand to




solve pollution problems where they exist.




             Thank you.




             MR. STEIN:  Thank you, Mr. Kollar, for a




  concise statement.




                  (Applause.)




             MR. STEIN:  Are there any comments or ques-




tions?




             Mr. Morr.




             MR. MORR:   Mr. Kollar, you represent the




Business and Defense Services Administration?



             MR. KOLLAR:  Yes, sir.




             MR. MORR:   In the fourth paragraph, you



state:




                  "Certainly this Administration has



             provided incentives and laid the ground-




             work for greatly increased economic ac-




             tivity."




             I suppose you refer to the Business and De-




fense Services Administration?

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                                                       370



                  K. L.  Kollar




             MRo KOLLAR:  No.  I mean, the Federal,  the-




Government, the Administration of the Government,  the




total Government.  Really, these are tax laws of the




public Treasury Department of the United States, but




the Department of Commerce is instrumental in seeing




that some of these tax facilities were given to the




industries.



             MR. MORR:  Do you want to change that




statement then to the Department of Commerce?




             MR. KOLLAR:   Well, it is the Government




Administration.  If you want to call it the Johnson




Administration, you can.




             What I am really saying is it is not really




Business and Defense Services Administration.  Is that




your question?



             MR. MORR:  I just wanted to get that.  Thank




you very much.



             MR. KOLLAR:  The total Government is what




I am referring to.



             MR. MORR: I see.  Thank you.




             MR. STEIN:   Thank you, Mr. Kollar.  Are




there any further comments or questions?



                  (No response.)




             MR. STEIN:   If not, thank you very much, sir.

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                                                       371




                  Fred Wampler




             Mr. Poston?




             MR. POSTON:  Next I will call on Mr. Fred




Wampler, Regional Coordinator of the Appalachian program,




who will present a statement for the Department of the




Interior.




             Mr. Wampler, I understand, has additional




statements from the Bureau of Commercial Fisheries, and




he will call on others.








                STATEMENT OF MR. FRED WAMPLER,




                REGIONAL COORDINATOR, U. S. DE-




                PARTMENT OF THE INTERIOR








             MR. WAMPLER:  Mr. Stein, distinguished mem-




bers of the Panel, and gentlemen:




             I am Fred Wampler, Regional Coordinator,



Ohio River-Appalachian Area, U. S. Department of In-




terior, and it is a pleasure to participate in this




conference.



             In fact, it is, for the simple reason that




it enables the Department of the Interior to express




the Secretary's desire to sort of nationalize the De-




partment of the Interior and extend their activities




beyond the Mississippi River, and this is a pleasure.

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                                                       372



                  Fred Wampler




             Also, it has brought back about 34 years




of memory, when I made my debut as a football coach in




the State of Ohio.  There was a lad on my team, a stellar




player, very versatile, agile, prudent, and had the abil-




ity to lead.




             I apparently followed him very little, un-




til I came to Cleveland yesterday, and I find that the




Honorable Mayor of the City of Cleveland, Ralph Locher,




had the opportunity to unite again with his former foot-



ball coach.




             I'm awfully sorry, Mr. Chairman, that we




had to pollute Lake Erie and its tributaries to reunite




a couple of old cronies.




                  (Laughter.)



             The Department is pleased that the States




of Indiana, Ohio, Pennsylvania, New York, and Michigan




are concerned in the matter of pollution of the inter-




state and Ohio intrastate waters of Lake Erie and its




tributaries.



             The broad interests of the Department of




Interior in water quality and related problems in Lake




Erie is reflected in the Department's Agencies repre-




sented at this conference.  While each of these agencies




has its own program, the Department exercises the

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                                                       373





                  Fred Warapler




administration necessary to assure that all programs are




coordinated to avoid duplication and to achieve results.




             Water, the problems and opportunities it




carries, ignores State, Regional and even International




boundaries.  It is important that the inter-relationships




of water be so recognized, and that State, Federal, and




local government agencies charged with various aspects




of water management and development work harmoniously




in solving these many problems.




             The Department of Interior and the many




agencies in it dealing with water problems, remains ready




to fulfill its responsibilities to the States and the




Nation.




             Therefore, I will call on Mr. Charles




Collier, the Assistant District Chief for the Ohio Dis-




trict for Water Resources, U. S. Geological Survey, out



of Columbus, who will give you a brief outline of the




concern of that agency in the matter of pollution of




the interstate and Ohio intrastate waters of Lake Erie



and its tributaries.




             Mr. Collier.




             MR. STEIN:  While Mr. Collier is coming up,




I should tell you that Mr. Wampler is really modest.  He




has been interested in water for a long time.

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                                                       374



                  Charles R. Collier




             After he was a coach, as many of you people




know, he went to Terre Haute, Indiana, in Blucher Poole's




state, and had a distinguished record as Congressman




from Terre Haute, Indiana, with their interest in water




pollution problems, and then he was associated with the




Wabash River Interstate Compact.




             So we indeed have an old friend and an ex-




pert, and in Mr. Wampler, to me at least, a former boss.








                STATEMENT OF MR. CHARLES R.




                COLLIER, ASSISTANT DISTRICT




                CHIEF, U. S. GEOLOGICAL SUR-




                VEY, COLUMBUS, OHIO








             MR. COLLIER:  Mr. Chairman and Conferees:




             The United States Geological Survey, De-




partment of the Interior, welcomes the opportunity to



present a summary of its investigations of the water




resources of Lake Erie and its tributaries.  Since its



creation more than a century ago, the Department of




the Interior, through its agencies, has been primarily




devoted to the exploration, development, management,




utilization, and conservation of the Nation's natural




resources.  In performing these duties, the Department

-------
                                                       375



                  Charles R. Collier




of the Interior and the Geological Survey have set as




their goals, maximum benefit to the public and continued




contribution to the economic growth of the Nation.




             Our society today places an ever-increasing




demand on the Nation's water resources.  Misfortunes




such as devastating floods, severe droughts, and dwindling




water supplies have always been of vital interest to the




public, and much has been done to control or alleviate




them.  Never before, however, have the demands for water




been so great.  The water requirements for domestic, in-




dustrial, and recreational uses, and for waste disposal,




have all increased sharply in the past decade, and con-




tinue to increase year by year.




             In order to meet this increasing demand




for water, it is essential that the total supply provided



by Nature be conserved, developed, and managed to provide




for its fullest and most efficient use.  The agencies



which have this responsibility must therefore continually




increase their fundamental knowledge of our water supply



and the natural and cultural factors which control its




quantity, quality, and movement.




             The U. S. Geological Survey, in its system-




atic appraisal of the Nation's natural resources, has




for many years provided data basic to the development

-------
                                                       376



                  Charles R. Collier




and management of these resources.  Among the products



of the Survey which contribute to the scientific knowl-



edge of water and its environment are geologic maps,



topographic maps, and published reports providing hydro-



logic information and interpretation.



             Geologic maps not only provide valuable



information to the construction engineer and mining in-



dustry, but they also aid in the understanding of ground




water, its location, quantity, quality, and movement.



             Topographic quadrangle maps, the basic maps



of the land surface of the United States, provide to




the water-resources specialists a wealth of information




concerning the physical features of streams and their



drainage basins.  These maps are the source of informa-



tion on the size, shape, slope, and drainage network of



the basins; location of water diversions and waste-water



outfalls, as well as land surface elevations and cultural



features.  They are used extensively as a base for geo-



logic and flood-inundation mapping.



             Recent topographic maps are available for



all of the land surface drained by streams tributary to



western Lake Erie in the States of Michigan, Indiana,



and Ohio.  In 1962 the Geological Survey, in cooperation



with the State of Ohio, completed a 3-year program of

-------
                                                       377




                  Charles R. Collier




complete remapping of the State by aerial photogrammetry.




The resulting maps were published as 7-1/2 minute quad-




rangles at a scale of 1 to 24,000.  These maps are re-




vised periodically so that they remain up-to-date and




reflect recent changes in drainage and land use due to




urbanization, highway relocations, shore erosion, etc.




             Let us look at the hydrologic information -




the basic water facts - and the interpretation of those




facts, which the U. S. Geological Survey provides.




The work focused toward the description and understand-




ing of water in its environment and the continuous ap-




praisal of the water resources of the Nation.  Through




close cooperation between the State and local agencies




and the Geological Survey, emphasis is placed where




water problems are most urgent.  These hydrologic inves-



tigations include the determination of quantity, chemi-



cal and physical quality, distribution, movement, and




uses of both surface water and ground water.



             The collection of water facts on streams




tributary to western Lake Erie was begun by the Geologi-




cal Survey in 1898 with the establishment of stream-




gaging stations on the Maumee River at Waterville, Ohio,




and on the Sandusky River at Mexico, Ohio, and near




Fremont, Ohio.  Since this early beginning, a network

-------
                                                       378
                  Charles R. Collier
of stream-gaging stations has been established which
includes all the major rivers and many of the smaller
streams draining into Lake Erie.  Water-quality records
are being obtained at many of these stations.  The net-
works of streamflow and water-quality stations are
financed under cooperative programs with the States of
Michigan, Indiana, and Ohio, by the Corps of Engineers,
and by Federal Geological Survey funds.
             In Michigan, continuous streamflow data
have been obtained at 14 sites in the Huron River and
River Raisin basins.  In addition, 6 partial record
stations are operated in those basins to obtain hydo-
logic data during periods of low streamflow when water-
quality conditions are most critical.
             Daily streamflow records have been obtained
at 11 stations in the Indiana portion of the Maumee River
basin.  Since 1954, the daily sediment discharge of the
St. Marys River has been measured by the Indiana Flood
Control and Water Resources Commission.  In 1963, as
part of a cooperative program with the Geological Survey,
this station was included in a statewide Indiana network,
and two additional sediment stations were added in the
Maumee River basin.
             In the early 1920's, the State of Ohio and

-------
                                                       379




                  Charles R. Collier




the Geological Survey expanded the stream-gaging network




in Ohio to include the major tributaries entering Lake




Erie.  The network has continued since that time, and




today it includes 32 continuous recording stations and




29 stations for low-flow or flood-crest information.




             In 1946, the cooperative program with Ohio




was expanded to include the measurement of water quality.




In the Lake Erie basin, facts on chemical and physical




quality of water are now available for 44 stations,




water temperature data for 28 stations, and sediment




discharges for 4 stations.  In addition, occasional




samples have been collected for chemical analyses at




a great many other sites in the area.




             Chemical water-quality measurements are




designed to measure the contribution of dissolved mineral




matter by the rocks and soil through which the water




flows on its path to the Lake, as well as the dissolved




material added to the water by domestic and industrial




wastes.  Measurement of the physical characteristics




of the water - such as specific conductance, temperature,




color, and sediment content - is an integral part of




the hydrologic studies.




             Data obtained at the chemical-quality sta-




tions vary both in the frequency of sampling and in the

-------
                                                       380




                  Charles R. Collier




completeness of the analysis.  Sampling schedules - set




according to need - may be daily, weekly, monthly, or




seasonal.  Some stations are operated throughout the




year and some only during periods of low flow when, due




to the shortage of dilution water, pollution problems




become more critical.




             At some stations, continuously recording




instruments may be required to define the water quality.




The recording monitors provide a continuous record of




the specific conductance, pH, dissolved oxygen, and




water temperature of a river.  These records, supplemented




by daily sampling for more complete analysis, provide an




excellent measure of the water quality of the stream,




particularly of those streams which receive municipal




and industrial waste loades that cause rapid fluctua-



tions in the water quality.



             As part of the Geological Survey's coopera-



tive programs with the Ohio Department of Health and the




Ohio Department of Natural Resources, recording monitors



are now operating on the Mautnee River at Waterville, on




the Cuyahoga River at Independence, and on the Cuyahoga




River here at Cleveland.  Additional monitors are sched-




uled for installation near the mouths of the other major




tributaries to Lake Erie and on the principal rivers

-------
                                                       381


                  Charles R. Collier


and tributaries inland from the Lake.


             Water quality of a stream is greatly influ-


enced by the quantity of streamflow.  The water managers


are therefore regular users of these water facts in


assessing stream conditions.  The data are basic to the


design and evaluation of water development, control, and


pollution abatement programs.  They are particularly


valuable when they extend over a long term, so that a


wide variety of hydrologic events are included in the


records.


             The Geological Survey publishes the records


of basic data annually so that they are available to


all governmental agencies, to industry, and to the pub-


lic.  For the records of surface-water discharge, a


series of publications has been established for each


State entitled, "Surface Water Records of Ohio, or


Michigan, or Indiana," and each report contains the


day by day discharge at each station for a complete


water year.  At 5-year intervals, these records are

summarized and the compilations published in the Water-

      •
Supply Paper series.


             The records of water quality, including


chemical analyses, water temperature, and suspended


sediment, have in the past been published annually in

-------
                                                       382

                  Charles R. Collier


the Water Supply Paper series by river basins.  Beginning

with the 1964 water year, these records will be available


for each State similar to the streamflow records, with

compilation reports in the Water Supply Paper series.


             Fluctuation in ground-water levels recorded

in wells comprising the observation well network is in-


cluded in the Water Supply Papers.  This network of


wells is used to determine the changes and trends in


ground-water levels of the principal aquifers.  The Ohio


network includes 30 wells located in the Lake Erie drain-

age basin.


             To further the knowledge and understanding


of our water resources and man's effect on it, these ba-

sic water facts are used as a foundation for interpretive

studies and investigations.  The water resources of Lake

Erie and its tributaries are the subject of or are in-

cluded in many of these reports.  I will mention only

a few.

             In the 1950-1952 Lake Erie Pollution Survey,

the U. S. Geological Survey cooperative program with
                                                  *
Ohio was expanded to provide the necessary streamflow

data and analyses, and to define and interpret the chemi-

cal and physical quality of the principal rivers in


Ohio emptying into Lake Erie.  This survey provided a

-------
                                                       383
                  Charles R. Collier
comprehensive study of the hydrology and existing water-
quality conditions of the area.
             Report No. 14 of the Ohio Water Plan Inven-
tory, Quality of Surface Water in Ohio, provides a review
of the chemical and physical characteristics of Ohio's
streams, including those draining into Lake Erie.
             Bulletin 37 of the Ohio Department of
Natural Resources, "Low-flow frequencies and storage
requirements for selected Ohio streams," includes the
major tributaries to Lake Erie and will be invaluable
in the design of water-management and pollution-abatement
programs.  Reports available on the flow duration, flood
frequencies, and major floods of these streams will aid
in this work.
             A study of the hydrologic system and the
interrelationship of ground water, surface water, and
water quality of the Maumee River basin has been com-
pleted and will be published as a Hydrologic Atlas.
Investigations are underway or completed on the geology
and ground-water resources of Portage County, Geauga
County, and on the principal aquifers of 14 counties
in northeastern Ohio.,
             From these studies and active "water-fact"
programs, a wealth of information is provided on the
fundamentals of the water resources of the Lake Erie

-------
                                                       384




                  Charles R. Collier




basin.  The abatement of pollution and the maintenance




of water quality must be based on a clear understanding




of the hydrology and fundamental water facts.   Develop-




ment and management must be from the standpoint of water




as a resource.




             Mr. Wampler will continue with the Interior




presentation.




             Thank you very much.




             I wonder, do you want to withhold questions




until the whole presentation is through?




             MR. STEIN:  I think that might be better.




Just hold yourself available.




             Mr. Wampler.








                CONTINUED STATEMENT OF MR.




                       FRED WAMPLER








             MR. WAMPLER:  Thank you.




             Mr. Chairman, I will make a presentation



for the next three bureaus within the Department of the




Interior.  The  first is the Bureau of Sport Fisheries




and Wildlife.




             Man, in becoming settled to communal living




has so unsettled natural conditions that few water users

-------
                                                       385



                  Fred Wampler




obtain water in its original quality.  Landscapes have




been scalped, pastures cultivated, forests burned, and




waters polluted -- all this in man's quest for living




space and a better standard of living.




             Much of the economy and recreation benefits




of the Lake Erie Basin are directly attributable to the




Lake proper.  Water from the Lake is indispensable for




the continued growth and survival of the Lake Erie Region.




             While the needs for water are increasing at




a tremendous rate, the supply of water remains fairly




constant.  The task of providing clean water in the




face of an ever-increasing need is made more difficult




by the increased demands for recreational water supplies.




More people are enjoying additional leisure and clean




water is essential to recreational pursuits.




             Concurrent with these human needs are the



requirements of fish and wildlife.  These resources




need water of satisfactory quality to provide for their




feeding, reproduction and growth.



             Pollution problems in the Lake Erie Basin




have increased to the point where there is a real threat




to many forms of aquatic life.  Natural habitats of Lake




and stream dwelling animals have been seriously depleted -•




some to the point of irreparable damage.  The impact of

-------
                                                       386




                  Fred Wampler




gross deterioration of water quality upon aquatic life




has been startling.  Early surveys of water quality of




Lake Erie serve to document the decrease in desirable




fish species and aquatic insects which has come about




as a result of polluted water and environmental condi-




tions.




             Comprehensive surveys made by the cooperat-




ing Lake Erie states, have revealed that pollution from




tributary streams has significantly reduced aquatic re-




sources.  Bottom muds, once the environment for desirable




insects, have been so degraded that only pollution-




tollerant organisms now survive.  Fish habitats have




in some areas become so degraded that they are almost




devoid of desirable species.  Many tributaries, once



used as spawning areas by muskellunge, bass, trout, and




sturgeon, are now unusable for this purpose.  Fishing




near the mouths of polluted tributaries has similarly




decreased.




             Many Lake Erie tributary streams were badly



polluted during the transition of agriculture to indus-




try to the early 1900*s.  Some became devoid of fish




following pollution.  Draining of marshes and other wet




areas destroyed valuable habitat for some important food




and forage fishes.  Industrial plants pouring effluents

-------
                                                       387
                  Fred Wampler
into streams included steel mills, slaughter-houses,
dairies, breweries, and food processing plants.
             The sport fishery of the Lake Erie Basin
provides almost unlimited fishing opportunities.  Pre-
ferred sport fishes include trout, bass, walleyes,
northern pike, muskellunge, and various panfishes.  If
desired species of fish are to survive throughout this
basin, it is evident that expanded facilities for pollu-
tion control must be designed and regulations -- once
put into effect — rigidly enforced.
             The lower Detroit River, Western Lake Erie
and the Upper Niagara River have traditionally supported
wildlife populations of National significance.  Of pri-
mary importance are the large numbers of migratory
waterfowl which congregate in these areas during periods
of migration and during the winter months.
             Fur animals, including muskrats and mink
have, throughout the years, made a substantial contri-
bution to the economy of Western Lake Erie.  Annual
fur harvests are valued in excess of one million  dollars.
             To these birds and mammals, Lake Erie must
provide much more than a safe water supply for drink-
ing.  Wildlife requirements resemble those of fish,
inasmuch as the aquatic environments must afford a

-------
                                                       388



                  Fred Wampler




stable and readily available food supply, shelter, and




a place for reproducing and rearing of the young.




             For the most part, water-oriented forms of




wildlife are adaptable to the environmental changes




wrought by man.  Over the years, man's activities have




warmed some of these waters to the point where they re-




main ice-free.  Large numbers of migrating waterfowl




now use these areas throughout the winter.  In some




instances moderate enrichment resulting from sewage




has brought about increased production of the aquatic




plants and animals which provide food for wildlife.




Pollution forces the wildlife to either adjust to the




new conditions or disappear from these areas.  Too often




it disappears.  On several occasions, the lower Detroit



and portions of Western Lake Erie's great marshes have




functioned as death traps for great numbers of water-



fowl.  Smaller, but regular losses have also occurred




in and around major harbors of the Lake and in the




Niagara River.  In several areas, large beds of aquatic



plants have been eliminated.  Lake bottoms are covered




with the shells of small snails and clams, yet few liv-




ing mollusks can be found!  Waterfowl food supplies




are rapidly disappearing.




              In many  cases Lake Erie's wildlife  problems

-------
                                                       389

                  Fred Wampler

,can  be  traced  to pollution  from industrial sources.

Domestic pollution continues to be a problem in some
       •
areas.

             Water pollution cannot be controlled by iso-

lated efforts.  United actions will be necessary to check

or control  this evil.  The  task is so formidable that

only a  monumental and combined effort of public agencies

at the  State,  Federal and municipal level — working

closely with industry -- can be expected to succeed.

Delay can only result in bigger problems, so let's go

to work.

             MR. STEIN:  Thank you.

             MR. WAMPLER:   The next is for the Bureau

of Mines.

             Should  I continue, sir?

             MR. STEIN:  Yes.  Go right ahead.

             MR. WAMPLER:   Thank you.

             For the Bureau of Mines:

             Many of the water problems which concern

us today must  be approached comprehensively in order to

progress toward an effective solution„

             The Bureau of  Mines is concerned with water

as a commodity, and also because of its utility in pro-

ducing, processing,  and shipping minerals.  Over a period

-------
                                                       390

                  Fred Wampler

of years the Bureau has accumulated experience,  facili-

ties, and qualified personnel whose knowledge of chemistry,
                                                      •
geology, metallurgy, engineering, and even bacteriology

permits attack on the diversity of problems.   We are

particularly concerned with the effect of water  quality

on the development and use of mineral resources, with

the nature of aqueous effluents from mineral  industry

operations, and with the continued use of cheap  water

transportation of bulk mineral materials.

             In common with other agencies, the  Bureau

of Mines has interests and responsibilities in the

economic and social aspects of water quality  management.

Quantity requirements and competitive uses must  be given

consideration in programs for multiple-purpose water

development projects.  The Bureau takes particular

account of the economic and other effects that protec-

tion of water quality and pollution abatement will have

on the community.

             In 1963 the value of U. S. mineral  produc-

tion from the area draining directly into Lake Erie was

about $175 million; this represented principally raw

materials for the construction, chemical, and ceramic

industries.  Since such activities play vital parts in

both the regional and the national economy, it  is

-------
                                                       391




                  Fred Wampler




obvious that growing demands for minerals must continue




to be met.  Output of these mineral products requires




process water, and usually will generate waste effluents.




             Stream pollution from process wastes now




is generally recognized to be a serious problem.  En-




lightened management in the mineral industries recognizes




the need for meeting responsibilities to the public.




Within the limits of available technology and economics,




it is developing methods for minimizing its waste dis-




charges.  However, pollution abatement programs take




time to become effective and sometimes industry, under-




standably, does not welcome controls for which current




technology affords no economically practical means of




compliance.




             A significantly large part of the Nation's




iron ore is smelted along the shores of Lake Erie, and




in furnaces as far from the Lake as Pittsburgh, Youngs-




town, Warren, Canton, Massillon, and Steubenville.




Maintenance of water levels in the Great Lakes which



will permit operation of deep-draft vessels is vital




to the continued cheap transport of iron ore, limestone,




and coal for a healthy steel industry.




             The Bureau, thus, is concerned both quan-




titatively and qualitatively with the waters of Lake

-------
                                                       392



                  Fred Wampler




Erie itself.  It welcomes opportunities to assist and




cooperate with other organizations that have similar




interests.




             Mr. Chairman, next is the Bureau of Outdoor



Recreation.




             The Bureau of Outdoor Recreation was estab-




listed by act of Congress on May 28, 1963, as a result




of recommendations made by the Outdoor Recreation Re-




sources Review Commission, to provide a focal point in




the Government for the Nation's outdoor recreation ac-




tivities.  The Congress took this action because they




deemed it desirable that (1) all American people of




present and future generations be assured adequate out-




door recreation resources, and (2) that prompt and



coordinated efforts be made toward conserving, develop-




ing and utilizing such resources for the benefit and



enjoyment of the American people.  Thus, it has become




the purpose of this bureau to fulfill these desires of




the Congress.  As a result, this bureau shares a very



deep concern for events which have been and are taking




place in the area under consideration here, events which




have affected the natural resources of this region and




their usefulness to the American people for recreational




pursuits.

-------
                                                       393




                  Fred Wampler




             This bureau is presently engaged in a study




of water-oriented outdoor recreation in the Lake Erie




Basin including the St. Glair and Niagara Rivers and




intervening waters.  The study area coincides very




closely with the area of concern to this conference.




             This study area had a 1960 population of




nearly 10 million people.  It is among the most highly




urbanized and industrialized in the nation.  Population




projections indicate the population will more than




double in the next fifty years.  Water-oriented recre-




ational resources on the other hand are now inadequate,




particularly in the large metropolitan areas, and very




likely will remain at present levels unless developed




artificially at great expense.  Contributing to the




present inadequacy, is the fact that the waters of Lake



Erie and many of its tributaries are polluted to the




extent that they are unsuited to certain water-oriented




recreation activities especially in the vicinity of the




highly urbanized areas.



             It has been established through studies by




the Outdoor Recreation Resources Review Commission that




our greatest need is for outdoor recreational areas




near population centers.  The ORRRC studies further




indicate 90 per cent of all Americans participate annually

-------
                                                       394



                  Fred Wampler




in some type of outdoor recreation with 44 per cent pre-




ferring water-oriented recreation, mainly swimming.




             Most of the 10 million inhabitants of this




area are within the day-use zone of Lake Erie, among




the largest bodies of fresh water in the world.  The




Lake is a real treasure for many as a place to enjoy




outdoor recreational activities.  However, the pleasure




of swimming in its cooling waters or sunbathing along




one of its pleasant beaches is diminished to varying




degrees due to deterioration of water quality.  For




example, the beach at Sterling State Park near Monroe,




Michigan, has been posted as unsafe for swimming since




1961.  During this period annual attendance has dropped




from over a million to less than 320,000 in 1964.  Other



areas hard hit by pollution include the shore east of




Toledo, near Loraine and Cleveland, Ohio; Silver Creek,




Dunkirk and Buffalo, New York.  One of the beaches of




Presque Isle State Park, in Pennsylvania, has also ex-




perienced pollution problems which, as a recent study




indicates, are becoming progressively worse.  The pollu-




tion of portions of Lake Erie and its tributaries has




also affected other forms of recreation.  The recent




failure of boat livery businesses near Buffalo, New York




was attributed to pollution of adjacent waters.  Thus,

-------
                                                       395



                  Fred Wampler




pollution prevents full use of one of the most important




recreational assets of this region in the very locations




where recreational development is needed most.




             Indications are that if the present trend




continues, millions of people within this area will be




left without a place to swim.  In addition, boating and




other recreational activities utilizing the lake for




esthetic purposes will surely be curtailed if action is




not initiated at an early date.




             The Bureau is pleased that such action is




being considered by the U. S. Public Health Service and




other interested agencies who recognize the problems in-




volved in the matter of pollution of Lake Erie and its




tributaries.  We pledge our cooperation and assistance




to the States and to the Public Health Service in actions



designed to meet these problems and make the public beaches




and waters safe again for water-oriented recreational



pursuits by the local citizens and other visitors to




the area.



             Since the Bureau of Commercial Fisheries




has been actively participating with the Public Health




Service on the Great Lakes-Illinois River Basin Project,




and has shown a very great concern and effort in their




studies, analyses, decisions, and active participation,

-------
                                                       396
                  Fred Wampler
we felt it was most fitting that we take the introductory
remarks that I have here, Mr. Chairman, and have them
entered into the record, and I will then call on Mr.
Ernest Premetz, Associate Director for Commercial Fish-
eries at Ann Arbor, who will present a statement.
             MR. STEIN:  Without objection, that will
be done.
             MR. WAMPLER:  Thank you.  The following
are the introductory remarks by the Bureau of Commercial
Fisheries:
             The Bureau of Commercial Fisheries has been
actively participating in the Public Health Service's
Great Lakes-Illinois River Basin Project, which includes
Lake Erie.  In fact, scientists of the Bureau of Commer-
cial Fisheries are closely coordinating their research
activities with those of the Public Health Service to
assure that pollution abatement measures reflect full
cognizance of fishery problems.  The aim is to prevent
further deterioration and, to the extent possible, miti-
gate damage to fish and aquatic life.  In the early
stages of the Public Health Service study, the Bureau
of Commercial Fisheries was pleased to make available
vessels and technical know-how of its personnel.  Many
of the Public Health Service scientists concerned with

-------
                                                       397



                  Fred Wampler




this tudy were afforded an opportunity to work intimately




with, and receive guidance from, the Bureau's experts,




whose extensive experience with Great Lakes fisheries




and the effects of pollution on fish and aquatic life




have been long recognized.




             Interest in and authority for participation




by fisheries interests in such coordinated studies




originates in a Congressional Act of March 3, 1887




(16 U.S.C. 744), which authorized the Commissioner,




United States Fish Commission, to prosecute investiga-




tions and inquiries concerning the supply of food fishes




of the coasts and lakes of the United States and the




determination of protective, prohibitory, or precaution-




ary measures to be adopted.  Subsequent legislation,



particularly the Fish and Wildlife Act of 1956,  as




amended, and the Fish and Wildlife Coordination  Act of



1958, as amended, refined and strengthened these re-



sponsibilities.



             Section 5 of the Fish and Wildlife  Coordina-



tion Act authorizes the Secretary of the Interior,




through the Fish and Wildlife Service (the Bureau of




Sport Fisheries and Wildlife and the Bureau of Commercial




Fisheries) and the Bureau of Mines, to make such inves-




tigations as he deems necessary to determine the effects

-------
                                                       398



                  Fred Wampler




of domestic sewage, mine, petroleum, and industrial




wastes, erosion silt, and other polluting substances in




wildlife and to make reports to the Congress concerning




such investigations and of recommendations for alleviat-




ing dangerous and undesirable effects of such pollution.




             Pollution has many definitions depending




on the interests of the individual.  If water for human




consumption is the main interest, then with adequate




treatment, perhaps the waters of the Lake Erie drainage




are of good quality.  However, some water intakes have




been abandoned and others have been extended out into




the lakes because of water quality problems.  A measure




of pollution is the suitability of water for a required




use.  Consequently, pollution can be defined as the



addition of any substance or any action or condition




which interferes with, lessens, or destroys a beneficial




use of a water.  The Bureau of Commercial Fisheries is




presently concerned with the suitability of the waters




of the Lake Erie drainage for fish and fish food organ-




isms.



             The Fish and Wildlife Act of 1956 recognizes




that fish and shellfish are capable of making a great




and continuous contribution to the national economy,




food supply and health, recreation, and well-being of

-------
                                                       399
                  Fred Wampler
our citizens.  VJhen these resources are property protected,
properly developed, properly managed, and properly uti-
lized, the Act considers them capable of being greatly
increased.  Control of pollution is one conservation
measure that must be practiced.  The alternative is
destruction by neglect.
             It is the National Fisheries Policy to:
             1.   Increase and maintain forever, for the
                  people of the United States, a fishery
                  resource capable of yielding the maximum
                  annual product.
             2.   Strengthen and maintain a vigorous fish-
                  ery industry by assuring full and fair
                  access to the American market.
             3.   Do these things in partnership with the
                  States and in full accordance without
                  international obligations and without
                  sacrificing the system of free enter-
                  prise .
             In pursuing these policies, the Federal
Government has a responsibility to the public as a whole
to see that our fishery resources are utilized to the
fullest economic extent without damage to their future
productivity.

-------
                                                       400



                  Fred Wampler




             There are few greater challenges to this




mission than Lake Erie, whose fisheries are currently




in acute distress.  In many areas, commercial fishing




has all but disappeared and sport fishing becomes pro-




gressively less attractive.  The loss of Lake Erie's




fish production capacity is coming when there is a




rapidly increasing need for food protein in this country;




for that matter, throughout the world.  Compared to the




thousands of commercial fishermen who were able to make




their livelihood fishing Lake Erie only a few years ago,




now only a small percentage are still in business.




Many of these men fish on a part-time basis.  During




the past decade alone, the total catch from U. S. waters




has declined 45 per cent and the dollar return, 60 per




cent.



             The fishing industry of Lake Erie has lost




much of the production of high-priced species.  It must




subsist largely on such medium-priced varieties as yel-




low perch and white bass, and on such low-priced, often



unmarketable, fish as sheepshead and carp.  Other vast




quantities of fish, e.g., gizzard shad, are also present




for which markets do not exist and are, therefore, not




harvested at all.



             These shifts  in species  composition have

-------
                                                       401
                  Fred Wampler
been long term and their causative factors are very
complicated*  The evidence is strong, however, that the
primary causative factors stem from environmental changes.
The major change has been the progressive and growing
enrichment of the Lake.  Man's activities along Lake
Erie and its tributaries are telescoping the time scale
and pushing Lake Erie into premature senility.  All
lakes age naturally, but we have packed into a decade
what it would take nature centuries to accomplish.  Fer-
tility in modest measure is useful, but man is making
Lake Erie so fertile so fast that conditions are rapidly
approaching the intolerable.
             The concentrations of calcium, sodium,
potassium, sulphates, and chlorides, for which research
records are available over a sufficient long period to
show trends, have exhibited build-ups -- 230 per cent
in the case of chlorides.  Other substances in sewage
and drainage from chemically treated uplands are prob-
ably also accelerating their build-up, but the lack of
long-term data makes this difficult to demonstrate.
Largely unknown are the effects on lake temperature
of the 3 billion gallons of water used for cooling
condensers in power-generating plants.
             What is known is that as many as 4,000 square

-------
                                                       402



                  Fred Warapler




miles of bottom water in Lake Erie become utterly devoid,




or reach levels below which fish can live, of oxygen




that is so essential to life.  In addition to affecting




fish spawning and survival, it has completely changed




the formerly abundant insect population upon which the




fish relied for food.  Although these desirable insect




food organisms have been replaced by other forms that




can tolerate low or no oxygen, they may not be as nutri-




tious or are not available to the fish.




             The greatest changes in fish populations




have occurred during the past 10 to 15 years.  These




changes have occurred during the period of greatly in-




creased use of detergents and pesticides.  Consequently,




increased fertility may not be the only factor involved



in changes in the Lake.  The present adverse state of



affairs in Lake Erie represents only a stage in a pro-




cess that has been underway for many years and which



now seems certain to advance at an accelerated rate as




human population and industrial activities expand.  Al-



though immediate conventional abatement of the worst




pollution situations will be helpful, much still remains




to be done if we are to prevent future deterioration of




fish and aquatic life resources, let alone mitigate past




damages.  For this reason, the Bureau of Commercial

-------
                                                       403



                  Fred Wampler




Fisheries intends to continue its close working relation-




ship with the Public Health Service.  The Great Lakes




pollution problems will continue to receive priority




attention in the research programs of the Bureau of




Commercial Fisheries*




             Because of the direct application of Bureau




of Commercial Fisheries research on Lake Erie to the




subject matter of this conference, Mr. Ernest D. Premetz:,




Deputy Regional Director of the Bureau's Great Lakes and




Central Region, will present an additional statement.




This statement will go into the technical aspect's in




greater detail and outline the Bureau's involvement




with the Public Health Service study.




             Thank you, Mr. Chairman.

-------
                                                       404



                  Ernest D. Premetz








              STATEMENT OF MR, ERNEST D.  PREMETZ,




              DEPUTY REGIONAL DIRECTOR, BUREAU OF




              COMMERCIAL FISHERIES, U. S. DEPART-




              MENT OF THE INTERIOR, ANN ARBOR,




                          MICHIGAN








             MR. PREMETZ:  Mr. Chairman,  Conferees,




ladies and gentlemen:




             For the record, I am Ernest Premetz,  Deputy




Regional Director for the Bureau of Commercial Fisheries,




at Ann Arbor, Michigan.  We cover 18 states in the Great-




Lakes and central area, so we have a lot of water  prob-




lems to worry about.




             As Mr. Wampler mentioned, the Bureau  of



Commercial Fisheries has been actively participating




with the Public Health Service in its Great Lakes-Illinois




River Basin Project.  In fact, we just recently completed




a comprehensive study of Lake Michigant and a report



has been prepared which has been turned over to the




Public Health Service for inclusion with their compre-




hensive report.




             We are now in the process of completing




a similar study in Lake Erie, and the report will  be

-------
                                                       405



                  Ernest D. Premetz




available this fall.  This will cover the data we have




accumulated over a period of some 50 years and, in some




cases, our records go back before the turn of the century,




so that we do have a vast amount of data.




             Evidence is accumulating that pollution may




be a major factor in limiting the production of fish in




fresh and estuarine waters, and pesticide pollution may




even be influencing fish populations in the open ocean.




Consequently, the Bureau of Commercial Fisheries has




reason to be concerned about pollution and has, in fact,




been directed by Congress to work for its prevention




and control.




             Pollution has many definitions depending




on the interests of the specific individual or group.




Almost everyone will agree that pollution means the




addition of something — whether trash, chemicals, bio-



logical entities, or even heat -- which reduces the




quality of an environment for specific purposes.  A




widely accepted measure of pollution is the suitability



of water for a required use*  Therefore, we cannot con-




sider a single set of water quality standards as being




applicable for all uses.  Water suitable for industrial




use may not be acceptable for human consumption and




even less acceptable for fish and wildlife.  In dealing

-------
                                                       406



                  Ernest D. Premetz




with the suitability of water for fish we are not con-




cerned merely with the question of whether fish can




survive in the water; we must consider whether the entire




environment is suitable for satisfactory reproduction




and growth of fish.




             I am deeply indebted to Hr. larzwell for




the excellent job he did yesterday in giving all of you




a short course on pollution and on eutrophication.




These are terms we hear often.




             The Bureau of Commercial Fisheries is very




concerned about Lake Erie as a suitable environment for




fish, since there have been dramatic decreases in the




abundance of several important commercial species.




             I hate to use the terms "commercial" and



"sport," because we try to study fish generally.  We




talk about fishes, rather than sport and commercial




fish.



             Gone from Lake Erie are the keystones that




supported a healthy and lucrative sport and commercial



fishing industry — second to none in the years 1935 -




1958.  Blue pike, walleys, whitefish, and yellow perch




stocks have dwindled to insignificance or have changed




character so much that their contributions to the wel-




fare of the fishing industry are almost nil.  For example,

-------
                                                       407




                  Ernest D. Premetz




following the initial collapse of the blue pike and




walleye production in 1958, fisheries for both species




continued to decline to insignificant levels.  Blue




pike production dropped from 6,855,000 pounds worth




$1,316,000 in 1956 to 200 pounds worth $120 in 1963.




             I don't have later figures with me, but from




what I have been able to gather, the blue pike is now a




biological rarity in Lake Erie.




             Walleyes contributed 5,035,000 pounds




worth $1,357,000 to the catch in 1957 and only 433,200




pounds worth $186,000 in 1962.  In less than eight years




the fishing industry in U. S. waters of Lake Erie lost




dock-side value in these two species alone of 2.5




million dollars annually.




             At the same time, in Ohio alone, 750 jobs




have been lost in the fishing industry in the last five



or six years, so we can see that the contribution to the




economy of the area has declined somewhat as a result




of these problems.



             Other usable fishes in Lake Erie are threat-




ened to the extent that stability and development of




stocks are extremely undependable and beyond predictions.




We are at a loss to be able to predict anything.




             From evidence available  it appears  that

-------
                                                  408
                   Ernest D. Premetz

walleye and blue pike populations collapsed as the re-

sult of a series of poor year-class survivals.  Among

the walleyes, estimates of year-class contributions to

the fisheries indicate weak year classes in 19^5,  1957,

and 1958* and moderately weak year classes in 1953, 1955*

1956, and 1959.  If the large catches of walleyes  during

1953-1959> which consisted of large and older fishes

(2-8 years of age), are any indication of the size

of the spawning populations, then certainly the reason for

lack of survival of the young was not because of a

dearth of eggs.  The adult population of walleyes,

except for 1958-59, was as large or larger than previous

populations that were capable of increasing the size

of the walleye stocks.  Something in the environment

was limiting the survival from eggs to juvenile wall-

eyes.  Just what this something was cannot be named

with certainty.  But, studies of the environment,  par-

ticularly the bottom conditions of the Lake,  were  showing

drastic changes in chemistry and biota, either of  which

could have been responsible.  These fish are  cJosely

associated with the bottom sometime during their life.

They have eggs that settle to and hatch on the bottom

and bottom organisms are an important part of their

diet.  Consequently, any significant changes  in the

-------
                                                       409
                  Ernest D. Premetz
sediments can affect these fish.  All data collected to
date indicate that changes have occurred.  A significant
change in dissolved oxygen in the bottom waters of the
western basin of Lake Erie was discovered by Ohio State
University in September of 1953.  In less than 5 days,
the dissolved oxygen levels reached 0.7 - 1.2 ppm in
many areas.  Unfortunately, observations were not made
in the central basin of the Lake so that the true extent
of this phenomenon cannot be circumscribed.
             However, studies made in the central basin
as early as 1929 showed oxygen deficiencies below 65
per cent (some stations below 40 per cent) saturation
in some areas during July and August.  It is not un-
reasonable to assume that serious oxygen deficiencies
in the central basin occurred regularly and even more
frequently than in the western basin.  Two phenomena
always accompany periods of oxygen deficiency in Lake
Erie.  Thermal stratification is established and the
zone of oxygen deficiency is always near the bottom;
so much so that special samplers have had to be devised
to demonstrate the vertical extent of the affected
column of water.  Frequently, the thermocline and
oxygen deficient layers are less than 2 meters thick.
             Since 1953, extensive oxygen deficiencies

-------
                                                       410



                  Ernest D.  Premetz




in the middle and frequently the western basins of Lake




Erie have occurred affecting thousands of square miles.




This condition has been detected every year since 1958




and it appears that its regularity of occurrence is




becoming accepted as a seasonal phenomenon.




             Along with those evidences of oxygen de-




ficiency other characteristics of the chemistry of Lake




Erie have been changing.  In summary., here are the trends




among some of the uujor constituents:








     Item                         1907        1961




  Calcium                         31.0 ppm    38.3 ppm




  Sodium and potassium             6.5        11.0




  Silica                           5.9         1.6




  Sulfates                        13.0        24.0




  Chlorides                        7.0        23.4




  Total solids                   133.0       183.0








             Data on nitrogen and phosphorus are not



directly comparable among years of observation.  How-




ever, from the various  sources one can conclude  that




both nutrients in all their general  forms  increased




during the past  50 years.



             The  situation  in Lake Erie  is difficult  to

-------
                                                       411
                  Ernest D. Premetz
deal with employing the usual surveys, techniques, and
criteria for detecting and measuring pollution, since
much of our knowledge concerning pollution has been
developed from work on rivers, streams, and small bodies
of water.  We have relatively little knowledge of the
effects of pollution on large lakes.  Nevertheless,
ample evidence exists to demonstrate that Lake Erie has
changed appreciably during the past 50 years.
             As Dr. Tarzwell explained, lakes are es-
sentially transitory things on the geological time scale,
and as they age they change.  The aging process of a
lake is usually so slow and subtle that it frequently
goes unnoticed in a lifetime of man.  In fact, it has
been unnoticed really until the last 10 or 15 years in
Lake Erie, but it has been going on for a long, long
time.
             When lakes are used for the disposal of
industrial and human wastes, the aging process may be
greatly accelerated as has been thoroughly documented
in Lake Zurich in Switzerland and Lake Washington near
Seattle over the past 50 years.  Never before, however,
has such a dramatic process of accelerated aging or
eutrophication been detected in a lake the size of
Lake Erie.

-------
                                                       412
                  Ernest D. Premetz
             Except for the oxygen deficiencies, one
might say that limnological changes have not been highly
critical.  However, to make the consideration more com-
prehensive, we must add at least two additional factors
that are definitive where fisheries are concerned.
             In the last 45 years, mean annual water
temperatures have risen almost 2° Fahrenheit.  The sedi-
mentation rate has increased markedly and these sediments
have become more active and complex chemically with the
passage of time.  Preliminary experiments with the sedi-
ments demonstrate a very high oxygen demand.  A small
amount of sediment (5 gm) can remove almost all the
dissolved oxygen in a 250 ml water sample in less than
5 minutes.
             This explains why at certain times of the
year in Lake Erie we have as much as 4,000 square miles
of bottom water which is entirely devoid of oxygen.
             The relationship of fisheries and pollution,
then, in Lake Erie can be traced primarily to the
spectacular oxygen depletion that results whenever
these sediments and the bottom waters become isolated
by thermal stratification from the usually active cir-
culation of the Lake's entire water mass.  Since 1953,
this phenomenon has reduced the abundance of mayfly

-------
                                                       413



                  Ernest D. Premetz



larvae  (Hexagenia) from 400 to 10 individuals per square



meter, and in places, entirely eliminated them; in-



creased sludge worms (oligochaetes) many fold; reduced



caddisfly larvae almost to the vanishing point; favored



large increases in the populations of low oxygen toler-



ant forms of midges; reduced the nontolerant midge



forms; caused an increase in some fingernail clams;



and generally reduced the numbers of all bottom organ-



isms.



             The original community of organisms was



an essential part of the food chain which contributed



vital components to the survival and normal growth of



the various species of fish that were desirable in the



fishery.  Changes in this community have reduced markedly



the success of the normal fish populations and, in turn,



the economics of the fishing industry.  To the Bureau



of Commercial Fisheries, this rather narrow stratum in



the bottom of Lake Erie, with its associated low dis-



solved oxygen content, is polluted to the extent that



the status of the entire Lake as a useful producer of



fishery products is uncertain.



             In view of the Bureau's responsibility,



this condition is as vital and as in need of correction




as any undesirable feature of the Lake that impinges

-------
                                                       414



                  Ernest D. Premetz




directly on the public health or safety.   We will not




have completed our job until the conditions that militate




against fisheries have been corrected.  The Bureau in-




tends to continue its studies of and its interest in




the improvement of this Lake and its drainage basin.




             I have completed the formal part of the re-




port, but I do want to add one thing.




             I hope the people who are sitting here are




not looking for a miracle, and that they don't get the




impression that by holding hearings such as this and




getting a start on some of these things,  we have found




the Fountain of Youth for Lake Erie.




             Things have changed.  We have a serious




situation in Lake Erie.  Things are going to continue




to change.  We are not going to bring back the good old




days, regardless of what we do.



             We can, however, take these first steps that




are being recommended here to prevent further deteriora-




tion, and, believe me, there is going to be further de-



terioration unless we do something about it.




             At the same time, I hope we don't become




complacent when we take the steps that are recommended




here and feel that the job has been done.  It has not




been done.  There is considerable research still to be

-------
                                                       415
                  Ernest D. Premetz
done and it is going to take a long time, and this re-
search should be underway now and should be started as
soon as possible.
             There is a lot we don't know, and there is
a lot we have got to learn if we are going to save our
lakes.  It may be too late to save some of them, but there
are still others that are on their way out unless we do
something about it.
             At the present time, our scientists feel
that conditions have not deteriorated as greatly in the
eastern end of Lake Erie as they have in the western
end, but their estimate is that within 15 years the
eastern end of Lake Erie is going to be just as bad as
the western end.  In fact, they feel that there is about
a 15 year difference between the two areas, simply be-
cause of the different character of the two areas.
We have deeper waters in the eastern end.
             Another thing:  I do urge that we consider
not only what enters the lake from the industries along
our shore, but what enters the Lake from the various
sewage treatment plants.
             These all contribute, yes, to some extent,
but we have one other factor.  All of these things have
washed off our lands.  We have a great agricultural

-------
                                                       416



                  Ernest D. Premetz




industry throughout the Great Lakes area.  They use all




forms of pesticides on the land, and things of that sort.



This is washing off into our water.  This is settling in




our lakes.  This is in the bottom sediments which are



highly active.  This is affecting our fish populations.



             This is not something that we have to worry



about as far as human population at the moment, and I



hope we never do, but it is affecting the fish population



and particularly their ability to reproduce.  Various



species, of course, are affected differently by these



things.



             So, these are all things that I hope we con-



sider.  I hope we don't stop after we take some actions



at these particular conferences.  I hope we continue to



give this problem the serious and continuing attention



it deserves.



             Thank you.



             MR. STEIN:  Thank you.




             Mr. Wampler?



             MR. MORR:  Mr. Stein, could I ask a question?




             MR. STEIN:  Yes, but I think we said that



we would allow  the completion of the presentation.  I




know there are  several questions.



             MR. MORR:  All right.  Thank you.

-------
                                                       417
                  Fred Wampler

                CONTINUED STATEMENT OF
                   MR. FRED WAMPLER

             MR. WAMPLER:  In order, Mr. Chairman, to
bring this presentation to a conclusion, I wish to state
that I think that we will gladly entertain any questions
from the panel here, especially those that can be fielded
by Mr. Collier and Mr. Premetz in the scope of their
areas, and those that are dealing with the other bureaus
where a presentation was made, we will ask the recorder
to send the particular question to the bureau, and we
will come up with the information.
             MR. STEIN:  Thank you very much, Mr. Wampler,
for an excellent and comprehensive presentation.
             I for one have welcomed the Department of
the Interior's interest in water quality on a nationwide
basis.  I was particularly interested in Mr.Premetz's
notion that we shouldn't just confine ourselves to waste
coming from cities and industries, but that we have to
take into account runoff from agriculture.
             We welcome your participation in the 17
western states too.  We think Mr. Premetz has made a
very good statement on all three aspects, industries,

-------
                                                       418




                  Ernest D. Premetz




municipalities, and agriculture, and we hope that your




Bureau of Reclamation out there might agree with that




and cooperate with us too.




             MR. WAMPLER:  Thank you.




             MR. STEIN:  Mr. Morr, did you have a ques-




tion?




             MR. MORR:  I have a question of Mr. Premetz,




if I may.




             Just to make this as clear as we might, is




it then the conclusion of your bureau -- I'm sorry I




don't have a copy of your statement, or I might not have




felt it necessary to ask this question -- but is it the




conclusion of your bureau that the primary causative




factor for the decrease in walleyes and blue pike in



Lake Erie would be pollution or siltation?




             I didn't get this clearly, the primary




causative factor.



             MR. PREMETZ:  Actually, the only thing we



can do is to relate what has happened in the environment




to what has happened to fish.




             The environment has been changed by various




things we have added to the water.  Therefore, I would




say yes, on the basis of this established relationship.




             It is very, very difficult to  try  to perform

-------
                                                       419
                  Ernest D. Premetz
an autopsy on a fish, or to actually be able to state
with certainty that a particular fish has declined com-
pletely because of one or two or three different factors
or different things that might be introduced into the
water.
             MR. MORR:  What about a biological change?
             MR. PREMETZ:  Yes, we have natural changes
too.
             I mentioned the increases in water tempera-
ture of two degrees.  This has affected certain species,
but not those that we are concerned with right at the
moment.  This is probably the causative factor of the
decline of the Cisco fish, which, as earlier papers
showed, was not due to and earlier scientists felt was
not due to pollution.
             MR. MORR:  But we are establishing today
that a primary causative factor is pollution?
             MR. PREMETZ:  Yes.
             MR. MORR:  And possibly siltation, speaking
about an entire change of events or a biological change
within the environment?
             MR. PREMETZ:  Right.
             MR. MORR:  Is there also then a cyclical
occurrence that has an apparent effect on the decline of

-------
                                                       420




                  Ernest D. Premetz




walleyes in Lake Erie, a cycle situation?




             MR. PREMETZ:  Well, you have increases and




decreases in abundance of particular species as a result




of success or failure of a particular year class, but we




have found this in the earlier years.




             Even in walleyes we always had a large num-




ber of year classes in a fishery that were supporting




a fishery.  Now this has narrowed to one and, at the




most, two-year classes that contribute to a fishery,




so we had virtually complete failure.  The environment




is just not suitable.




             In the case of the blue pike, the environ-




ment has changed so drastically that they can't survive




at all.  As I mentioned, they are a rarity now.




             MR. MORR:  Is this a cyclical difference




in the number of walleyes to be found?



             MR. PRKMETZ:  We have noticed a cycle, yes,




but not something that would explain the extreme drop,




or explain anything else.



             MRo MORK:  The purpose of my inquiry is to




establish  if there might be a cyclical pollution problem,




or more cyclical than a siltation problem.



             MR. PKEMETZ:  This I could not answer.




             MR, MOKH:   I just wondered whether you could

-------
                                                       421




                  Ernest D. Premetz




enlighten me to that extent.




             Thank you very much,




             MR. STEIN:  Thank you.




             Mr. Oeming, do you have any questions or




comments?




             MR. OEMING:  Yes, I do, Mr. Chairman.  My




questions are directed to Mr. Premetz.




             You indicated, in answer to Mr. Morr, that




scientists earlier had ascribed the decline in fish to




other reasons.  What were those reasons?




             MR. PREMETZ:  Well, earlier scientists




felt that in many cases it was just a normal aging of




the lake, a normal change that takes place in the pro-




cess, and now, of course, we find the same change is




taking place but it has been accelerated.




             This is the point we are making here.  The



environment is changing more rapidly than it would nor-




mally change through nature.  The earlier changes were




through nature.



             In any lake, whether we have anyone around




it, we are always going to have a change.  We are going




to have a change in the population in that lake, but




man can accelerate this change.  He can create an




accelerated aging of a lake, and an accelerated change

-------
                                                       422



                  Ernest D. Premetz



to less desirable species.



             MR0 OEMING:  If I remember correctly, back




in the references to investigations of the fishery and



Lake Erie, there were some conclusions reached some



years ago by the bureau and some international bodies



that other things than aging of the Lake were involved.



             I wonder if you are familiar with those



conditions that were used then as the basis for explain-



ing the decline of the fishery?



             MR. PREMETZ:  Of course there are various




other factors too.



             MR. OEMING:  Well, let's bring it out in




the open.



             MR. PREMETZ:  All right.



             MR. OEMING:  Are we talking about over-



fishing or poor fish practices?  Were those contributing



to the decline?



             MR. PREMETZ:  No.  We haven't been able to




establish anywhere actually over-fishing, over-exploita-



tion.



             MR. OEMING:  That was found though in one




instance.



             MR. PREMETZ:  We have had some people that




indicated that they felt there was over-fishing.  Present

-------
                                                       423



                  Ernest D. Premetz




day scientists do not agree with them.




             MR. QEMING:  Thank you.




             MR. PREMETZ:  In fact, we are learning a




lot more about this, and we are learning that we must




utilize these resources to a far greater extent than




we have if we are going to have a healthy resource.




             There are other factors too that have af-




fected fish in the Great Lakes.  We have had other




species that are coming into the lakes.  We have the




ailwives, which is an ocean fish.  We have the shad,




which is an ocean fish.  We have the smelt, which is




an ocean fish.  These fish have all invaded the Great




Lakes area and are affecting the native species to




some extent.




             For example, in Lake Michigan, right at




the moment we are seriously concerned about the compe-




tition of the ailwives with the native chub in that




area.  During certain times of the year, they occupy




the same zones.  The chub at that time are much smaller,



they have just hatched, and they are susceptible to




the ailwives who prey on them,,




             There are many factors and there are many




things we must still understand0  We have not completed




the job, but I do want to point out one thing, that

-------
                                                       424



                  Ernest D.  Premetz



there has been a definite relationship established between



the eutrophication or the accelerated aging of this Lake



and what man has put into the Lake.



             Therefore, then, for the sake of the fisher-



ies, we must make some changes in our practices and try



to at least halt this change.




             Now, there is still more to be done beyond



this, certainly.




             MR. OEMING:  Mr. Premetz, in citing your



statistics on the yield of blue pike and walleyes from



Lake Erie, do these include the total yields from Lake



Erie -- that is, from both Canadian and United States




yields?



             MR. PREMETZ:  No.  The figures I have pre-



sented here cover only the United States side, the United



States waters of the Great Lakes.



             MR. OEMING:  Would you think that that might



affect these figures any, the total yields?



             MR, PREMETZ:  No.  The actual changes have



been very, very similar in both.



             MR. OEMING:  To the same extent?



             MR. PREMETZ:  No, of course not, because




certain species of fish are distributed differently.



There may be more on the Canadian  side and less  on  the

-------
                                                       425



                  Ernest D. Premetz




United States side, and vice versa, depending on the




character of the area.  Certain species of fish like the




reefs for spawning, and, therefore, they frequent that




area.




             MR. OEMING:  I see.  One more question, Mr.




Premetz.




             You have cited a table which showed some




increases in calcium, sodium, potassium and other ele-




ments in the Lake, and I wonder if you could ascribe




any significance at this time to these increases.




             These are chemical increases, and not the




dissolved oxygen problem, but I am looking for informa-




tion about an increase from 31 to 38 parts of calcium,




and sodium, 6 to 11 parts.




             Can you ascribe any significance to these




or relation to the fisheries?



             MR. P8EMETZ:  It has affected fisheries,



but I am not as intimately familiar with this aspect of




it as our people that are actually doing the research5



and this is a question that they should answer.




             Now, I don't know.  Public Health has some




people that have been working on it, I'm sure*




             MR. OEMING:  Well, yesterday the Public




Health Service indicated an increase in chlorides did

-------
                                                       426




                  Ernest D. Premetz




did not have any significance.




             I am asking now, as a fisheries man, whether



you felt differently about this.




             MR. PREMETZ:   No.  From the evidence we have




to date, it does not.  Some of our people feel that it




does, in combination with other elements, but this has




not been established yet.




             As I say, I can't say.




             MR. OEMING:  That is, there are many waters,




aren't there, where we don't have the same situation in




Lake Erie with respect to dissolved oxygen, but we do




have the same situation with respect to the present day




calcium, and so on, and yield a good fishery?




             MR. PREMETZ:   Not the same species of fish.




             Here is another factor too:  We really don't




know enough about the tolerance of any particular specie.



             MR. OEMING:  All right, you have answered




my question.



             MR. STEIN:  Are there any further questions



or comments?




             Mr. Morr?



             MR. MORR:  Mr. Premetz, nowhere yet have




we mentioned the inclusions that might be made in the




low water  levels of our Great Lakes.  Do you have any

-------
                                                       427



                  Ernest D. Premetz




conclusions or any testimony that might add to our con-



ference here as to the effects of the low water levels?



That is, on our fishery particularly?



             MR. PREMETZ:  Low water levels have certainly



affected the fishing industry in some areas.



             For example, in Lake Huron, Saginaw Bay,



they haven't been able to get into their docks.  They



have had to find other places to go to.  At the same



time, it has compounded the pollution problem in some



of these areas too, because of the low water levels,



and that has had an effect on the fish in the area too.



             MR. MORR:  Thank you.




             Referring to the expression of your bureau



through your testimony here pertaining particularly to



western Lake Erie, has your work been more extensive in



western Lake Erie than in eastern Lake Erie?



             MR. PREMETZ:  Yes, it has.  Our work has



been considerably more extensive in western Lake Erie



in our limnological work.  We have, however, done work



in eastern Lake Erie as well, and also Lake Ontario.



             MR. MORR:  And you consider conclusively



that the western Lake Erie fishery is in a very sad




state of affairs?



             MR. PREMETZ:  Extremely sad state of affairs.

-------
                                                       428



                  Ernest D. Premetz



             MR.  MORE:   All right.   I have a final ques-



tion.



             As Mr. Stein has mentioned,  with relation



to the agricultural makeup of the western parts of our



States, and finding too the agricultural  contribution



that might be present from other states in the western



Lake Erie area, you did not indicate that was necessarily



a primary causative factor, or did  I misunderstand your



testimony on that point?



             MR.  PREMETZ:  No, I can't, on the basis of



recent results.



             This is an area we are embarking upon.  We




are studying this matter of pesticides, determining



pesticide levels not only in fish,  but also in the bottom



sediments.  In fact, we are studying this to determine



just what is in the sediment and just what might be



affecting the fish.



             MR.  MORR:   When will your studies be fairly




conclusive?



             MR. PREMETZ:  These have just been started,




and it will take some time.



             MR. MORR:   Thank you very much.



             MR. STEIN:  Are there any further comments




or questions?

-------
                                                       429
                  Fred Wampler
             MR. BOARDMAN:  I have a question for Mr.
Wampler.
             MR. STEIN:  Mr. Wampler, Mr. Boardman has
a question.
             MR. BOARDMAN:  Mr. Wampler, in your reading
of the statement for the Bureau of Outdoor Recreation,
you indicated that one of the beaches in Presque Isle
State Park in Pennsylvania has also experienced pollu-
tion problems which, in a recent case, are becoming
progressively worse.
             I would be interested in the study that
this information was taken from, since, according to
our records, as far back or as recent as 1938, all of
the Presque Isle beaches in Pennsylvania were polluted
by sewage.
             Today there are three beaches that are
relatively pollution free, and one that is somewhat
affected by pollution.
             In our estimation, this is an improvement,
not a degradation.
             Again, as Mr. Stein said, I have put some
editorial questions, but we just want to keep the re-
cord straight.  We would be interested in the reports
of degradation of the beaches.

-------
                                                       430




                  Fred Wampler




             MR. STEIN:  Mr. Boardman, I never made a




remark about you making editorial comments.




             MR. BOARDMAN:  Well, that was directed to




me yesterday, I believe.




             MR. STEIN:  I didn't say it.




             Mr. Wampler?




             MR. WAMPLER:  Your point is well taken.




             I think if we have any studies that we have




within the realm of the Bureau of Outdoor Recreation




that would enlighten the State of Pennsylvania, you can




be assured that we will furnish them.




             MR. BOARDMAN:  Thank you,




             MR. STEIN:  Are there any further comments




or questions?



                  (No response.)



             MR. STEIN:  If not, thank you very much,




and I would like to thank the Department of the Interior




for a very comprehensive presentation.




             Mr. Poston?



             MR. POSTON:  Before closing the Federal




presentation, I would like to ask whether there are




any other Federal agencies who would care to be heard




at this time?




                  (No response.)

-------
                                                       431
             MR. POSTON:  I do not have any further re-
quests, and if there are no other Federal agencies that
care to be heard, Mr. Stein —-
             MR. MORR:  Mr. Poston, before we close the
Federal record, several thoughts have come to my mind.
             In speaking of the Report on Pollution of
Lake Erie and its Tributaries, Parts 1, 2, and 3, ac-
cording to Mr. Megregian yesterday, the report is con-
clusive as to the interstate nature of the Lake Erie
pollution.
             Secondly, top priority or the importance
of municipal secondary treatment in Detroit, Toledo, and
the Cleveland area are noted, and the sources of the
industrial contributions are noted.
             My question is, on what date was the field
work for this report completed?  May we know that, since
we have the report, and may we assume that the field
work is completed, and, if so, when it was?
             MR. POSTON:  This report was prepared at
the specific request of our Secretary for purposes of
this particular conference.  Our studies are proceeding
and, insofar as our Great Lakes Project is concerned,
the studies have not been completed.
             MR. MORR:  They have not been?

-------
                                                       432
             MR. POSTON:  That is right.
             MR. MORR:  When might we expect them to be?
             MR. POSTON:  They will be continued.  We
would expect to have a completion of this Lake Erie por-
tion within a year.
             MR. MORR:  I wouldn't want to indicate that
the conclusions and recommendations are based upon in-
complete studies.
             MR. POSTON:  We feel that we are able to
make these recommendations at this time.
             MR. STEIN:  Sir, as far as I know, the studies
that Mr. Poston is talking about are comprehensive studies,
something that the Congress undertook for all the Great
Lakes, and Lake Erie is one part of it.
             This governs all aspects of water quality.
As we proceed in comprehensive studies, we do get suf-
ficient information to proceed with an abatement case
and an enforcement case.
             The theory is that we do not wait for the
completion of all the studies, if we can do something
at this time.
             MR. MORR:  I see.
             MR. STEIN:  And since we had the request
from the Governor and the feeling of the Secretary,
evidently the investigators felt they had sufficient

-------
                                                       433
information at the present time to come up with these
conclusions, but the total study authorized by the Con-
gress on the Great Lakes of course will continue.
             MR. MORR:  Will there be, Mr. Poston, further
studies directed to the contribution from watercraft, both
those used recreationally and commercially?
             MR. POSTON:  I think our final report will
include this type of information.
             I might say that our comprehensive studies
deal not alone with pollution that we have today, but we
look into the future, and for this purpose we are trying
to look 50 years in the future to determine what the
conditions will be at that time, so we will not be caught
with conditions such as we have in Lake Erie, where we
didn't have any concern for eutrophication of the Lake
10 years ago.  We didn't know about this.
             MR. MORR:  Thank you very much.
             MR. STEIN:  Mr. Boardman?
             MR. BOARDMAN:  If I recall correctly, and
Mr. Poston can probably tell me whether I do or not,
at the May 10th conference, I believe you indicated at
that time that the study had come up with no evidence
of interstate pollution occurring.  Now, today you say
it has.

-------
                                                       434
             Is there a possibility that when this study



is complete you will change your mind again?



             MR. POSTON:  I don't think at the Governors'



Conference -- at the Governors' Conference we did not



have evidence that we could trace pollution from one state



to the other.




             We think, as a result of this report, that



we can say this, and this is based upon current studies,



upon eutrophication studies of the Lake, and I think our




biologists and our chemists, and all of our technical



people indicated this in their presentations yesterday.



             I do not think that, after making this de-



cision, we are going to have another change, or any change,



             MR. STEIN:  Mr. Boardman, you, I guess, are



a real good editorialist, but I don't understand the as-



sumption of your question about the change in mind.



             Where is the change, when a man said several



months ago that they don't have the evidence?  Now they



come in with a report and say they do have the evidence.



What is the change?  Where is the change in mind, and



what is the underlying assumption of the question?



             MR. BOARDMA.N:  It was my understanding, Mr.



Stein, from working relatively closely with the Great



Lakes  Projects, that  even at  the  time of  the Governors'

-------
                                                       435
Conference, the majority of the field work had been com-
pleted for the Lake Erie study, and that now the biggest
portion of the study is the report-writing phase.
             MR. STEIN:  Well, I don't know that that
necessarily assumes a change in mind at all.
             The question here was that a few months ago,
as I understand their position, they did not believe that
the evidence was prepared in a sense where interstate
pollution could be shown.  Now the project has moved
along where evidently the investigators feel that that
is the conclusion they can arrive at.
             In the logical progression of events in any
scientific endeavor, I don't see that that constitutes
any assumption of a change of mind anywhere.
             Are there any further comments or questions?
             MR. HENNIGAN:  Mr. Chairman?
             MR. STEIN:  Yes, Mr. Hennigan.
             MR. HENNIGAN:  If I may, I would like to
make some comments relative to the entire presentation,
or at least the conclusions and recommendations, as I
understand them.
             According to the evidence that I have lis-
tened to, the major findings so far are that Lake Erie
is over-fertilized, they have a problem of eutrophication

-------
                                                       436
and algal blooms; there are critical DO's in a wide area



in the central section of the Lake; there are poor or non-



existent industrial waste practices; serious water quality



problems around the shore exist, particularly at the major



metropolitan areas -- that is, Detroit, Toledo, Cleveland,



Erie and Buffalo, and this would include DO, algae blooms,



coliform counts, floating or settleable solids, toxic



wastes, sludge deposits, and refuse disposal; there is



serious interference with major water uses, particularly



fish and aquatic life, recreation, and esthetic considera-



tions; and the general feeling is that a critical situation



exists.



             Is this a reasonable summarization of what



has been presented?



             MR. STEIN:  Mr. Boston?



             MR. POSTON:  I think that is a very reason-



able assumption of what has progressed to this point.



             I think everyone who has been heard empha-



sized this, and everybody seems to feel that we should



act, and act now, starting right with the first presenta-



tion at this conference.



             The Governor was very interested in action



and in an action program.,  I think we saw this probably



at its worst on our boat trip.  We need action, and we

-------
                                                       437
need it now.



             MR. HENNIGAN:  Could I continue for a minute?




             MR. STEIN:  Go right ahead, surely.



             MR. HENNIGAN:  In the total recommendations



that have been made to date, I would again like to attempt



to summarize these.



             First, secondary treatment and chlorination,




with emphasis on phosphate removal, for all municipal



sewage discharges.



             Limitation of the use of combined sewers



and better control of the overflow structures on existing




systems.



             Prohibition of solids waste disposal into




the Lake*



             Regional or area-wide approaches to metro-



politan sewage collection and treatment problems*



             Improved industrial waste practices based



on the premise that all wastes should be reduced as far



as practical, and continuous and proper surveillance is



needed.



             Continuous surveillance system of the water



quality of Lake Erie.



             Better land-use practices, including the



use of insecticides, pesticides, and herbicides, and more

-------
                                                       438
research into their effects; and, in some instances, stream
flow regulation where indicated in order to improve water
quality.
             My question on this is, is this a reasonable
summarization of the recommendations in the document, ex-
cluding the question of jurisdiction?
             MR. STEIN:   Mr. Poston?
             MR. POSTON:  I think that is a very reasonable
summarization.
             MR. STEIN:   Are there any further comments
or questions?
             MR. HENNIGAN:  Yes.
             There is one thing that concerns me.  I think
most of these recommendations as presented represented in
many instances existent practice.  I think they are funda-
mentally minimum recommendations.
             Some things have been raised which concern
me as far as watering down some of these recommendations
where, I think in most instances, they are absolutely
essential if any progress is going to be made at all in
the whole question of pollution abatement, or the whole
question of improving water quality.
             The secondary treatment requirement has been
compromised, in reference to an agreement reached at the

-------
                                                       439
Detroit conference, so I wondered whether or not this
recommendation could be carried through.
             The use of combined sewers and a method of
approaching the use of combined sewers is a need that is
well recognized.  1 got the impression that people were
floundering around and didn't know what to do about it
yesterday.
             The question of a regional area-wide approach
to —
             MR. STEIN:  Mr. Hennigan, 1 don't want to
interrupt you, but I think we might, if we are going to
arrive at something, take one of your problems at a time.
             I wonder if you would clarify this:  What
do you mean by your statement that the question of second-
ary treatment at Detroit has been compromised?  What do
you mean by that?
             Do you understand that is so?
             MR. OEMING:   No.
             MR. HENNIGAN:  I just read the section of
the agreement on Page 17 of the report of Michigan.
             On Page 17, it says:
                  "All municipalities and industries be
             required to provide a degree of treatment
             sufficient to protect all legitimate uses."

-------
                                                       440
             MR. STEIN:   Yes.



             MR. HENNIGAN:   To continue:




                  "Where the effluent contains significant



             bacterial loadings deleteriously affecting



             legitimate  water uses,  disinfection of the



             effluent will be required."



             Does Number 7 mean secondary treatment?  If



it does, I withdraw my comment.



             MR. STEIN:   Well, are you reading the only




comment at all?



             I don't have that in front of me, but there



is, as far as I know, another recommendation that Michi-




gan will take action to implement the Federal report.



The Federal report recommends secondary treatment for



various municipalities.



             I don't understand your problem.



             MR. HENNIGAN:  Well, there isn't any problem



if the question of secondary treatment for all municipal




waste discharges into Lake Erie is well understood by



everybody.



             In the Michigan case, it is part of the



agreement which has already been reached.  You know better



than I do on that, because you were there.




             MR. STEIN:   Yes.

-------
                                                       441
             MR. HENNIGAN:  As to the limitations on
the combined sewer question, as I said yesterday when
somebody raised an issue relative to how do you control
combined sewers, we seem to move from rather firm ground
to rather shaky ground.
             MR. STEIN:  Again, I think, if we may take
not only this city but other cities where we have met
the combined problem, the point is that you can just do
what you are physically capable of doing.
             Mr. Premetz pointed out that if we stop
the deterioration of the Lake we are probably not going
to return this Lake overnight, by waving a magic wand,
or slapping down of a gavel, and make that Lake what it
was 100 years ago.
             The point is, you need development; you need
research in various areas.  We do know that one of the
most difficult and vexing problems that we have in the
older cities of the country is these combined sewers.
We do know that we have come up with solutions to these
problems in various cities, notably Washington, D. C.,
where we feel we are cutting down the stormwater overflow
to a real minimum.
             The problem that you had in Detroit is a
very, very severe one.  The problem that you had in Chicago,

-------
                                                       442
when we had a case there, is a very severe one.




             Recognizing the necessity of meeting the



problem and the imperfections of the art, the recommenda-



tions at those places is that within a specified time



limit -- and I think it was two years in Detroit, and



possibly about the same in Chicago -- that they come up




with a program for elimination of stormwater overflows.



             Now, if you can recommend something that




we can adopt today at this conference for Cleveland, or



Buffalo, or Erie, or Toledo, we will be glad to do it,



and I will recommend that to Detroit and to Chicago,



and I am sure the people here will welcome it.



             MR. HENNIGAN:  Well, as soon as the New



York City plan is operating, we will have recommendations



for everybody.



             The other point, which I think is of some



concern, is this question of a regional area-wide approach



to metropolitan problems, which was recommended through-



out the document in various places, and which 1 again



think is essential to any intelligent approach to metro-




politan sewage collection and treatment.



             Mr. Stein, you made some remarks relative



to whether or not this was a proper recommendation, or



something to that effect, in terms of the legality of

-------
                                                       443
the recommendation.
             MR. STEIN:  Let me make the position clear
on that, and we can check with the States.  I think Mr.
Eagle kind of associated himself with that view.
             Personally, I strongly agree with those
recommendations, and I think that is the only reasonable
way of doing it.  The point, though, that we have to face
here is the authority of either the State -- and I think
I know the State laws in the States involved --or the
Federal Government in a regulatory agency, and whether
we have the authority to do that.
             What we generally are talking about is pro-
tection of water quality, and we recommend that certain
things have to be done in terms of treatment and collec-
tion of wastes to protect water quality.
             The way that is done is left up to local
option legally.  We cannot say whether you go into a
multi-county operation, whether you go your separate ways, or
whether you have a single city signing contract with the
people in the suburbs.
             Our experience has been that a regional
approach is the most intelligent and most economical ap-
proach, and, although some do not employ it, I can't imagine
communities not doing it.

-------
             As a matter of fact, in the new Federal



amendments that are being processed through the Congress



now, we will be authorized to give a bonus to a municipal-



ity or a group of municipalities in a construction grant



if such municipalities have embarked on this regional



planning approach, but the device of giving a bonus is




quite a different technique in governmental operation



and authority than a regulatory agency telling someone



they have to do it.



             MR. HENNIGAN:  1 have no further comments.



             MR. STEIN:  Are there any further comments



or questions?



             Mr. Morr?



             MR. MORR:  Mr. Stein, the statement by Mr.



K. L. Kollar of the Business and Defense Services Ad-



ministration, in its conclusion, said that it is there-



fore incumbent on local government and industry to con-



tinue working hand in hand to solve pollution problems




where they exist.



             May 1 interpret this then, in your statement




of a moment or two ago, that the Department of Health,



Education, and Welfare, and Interior and Commerce are



looking then to local government and industry to, as soon



as propitious and as financing may be arranged, solve

-------
                                                       445
pollution problems beginning at the earliest possible



moment, where they may exist?




             MR. STEIN:  Yes, I would agree with that.



             Again, you speak of from the State govern-



ment or from the Federal Government.  I do not think



that the day to day operation of pollution control can




possibly rest with the Federal Government, and I suspect



not too much with the State government.



             The point is it has to be done, it has to



be done on the local level, and, as you see us here now,



you may not completely subscribe to the notion, but one




of our biggest jobs is disengaging from a case in the




Federal Government.



             Some of these States have worked with us



more closely than others, as Mr. Poole and Mr. Blucher



here know.  Once we get this on the way, and the State



and local governments are operating, we just step back,



and just check from time to time to see that that is



operating.  We are not here every day looking over your




shoulders.



             We are firmly convinced that water pollution



problems, like any other problem, can best be solved



by the day to day operation at the lowest local unit



of government possible.

-------
                                                       446
             MR. MORR:   Thank you very much.



             MR. STEIN:   Mr. Poston?



             MR. POSTON:  I would like to comment to the



effect that our total Federal program is geared to as-



sisting of the States in their operation, and it starts



right now with our grant programs.



             We have grants for municipalities, to help



them build these plants.  We have grants to assist the



State agencies extend and expand their programs.  We



have technical assistance which is given to State agencies



or industries, or those  who have the need, and we presently



are starting in on a research program with a big research



center to study problems, so that we can give answers to



State and local agencies on how to solve their problems.



             We have felt that research can be combined



for several State areas, and study particular problems



of an area, and that these things are all geared to give



assistance and not to carry a program.



             MR. STEIN:   Thank you.



             If there are no further comments, I believe



this concludes the Federal presentation.



             With that,  we will stand recessed for ten



minutes.

-------
                  Loring F. Oeming                     447








                  (After a short recess.)



             MR. STEIN:  May we reconvene?



             Our schedule now will call for a lunch re-




cess at about 12:30, just as we had it yesterday.



             At the present time, I would like to call



on Mr. Oeming for the Michigan presentation.




             I should say there is some kind of design




for this precedent.  We are moving in the Lake, and I



am calling on the States from west to east, so we will



call on Mr. Oeming of Michigan.



             Mr. Oeming.








               STATEMENT OF MR. LORING F.



               OEMING, CONFEREE AND EXECUTIVE



               SECRETARY, MICHIGAN WATER RE-



               SOURCES COMMISSION, LANSING,



                        MICHIGAN








             MR. OEMING:  Mr.  Chairman and fellow Con-




ferees:



             The Michigan presentation will consist of




three statements, three appearances, and perhaps some



statements which I would ask to be read into the record.



             The personal appearances will be made  by

-------
                                                       448



                  Loring F. Oeming



Mr. Ralph Purdy, on behalf of the Commission,  Mr.  Frank



Hooper on behalf of the Department of Conservation,  and



Mr. Leonard J. Goodsell on behalf of the Great Lakes



Commission.



             With that, Mr. Chairman, I would like to



call upon Mr. Ralph Purdy, the Chief Engineer of the




Michigan Water Resources Commission, to present the




statement on behalf of the Water Resources Commission.



             1 believe, Mr. Chairman and conferees,  you



all have a copy of Mr. Purdy's statement.

-------
                                                         449




                 Ralph  W.  Purdy








                  STATEMENT OP



                 RALPH  W.  PURDY



                ON BEHALF  OP THE



      MICHIGAN  WATER RESOURCES  COMMISSION








             Mr.  Chairman,  Conferees, Ladies  and



 Gentlemen:



             I will first outline  the Statutory



 Authority  and  Legal History.








             Statutory Authority



             Michigan's legislative effort to control



 water pollution is summarized  as follows:



             1.   Act 350, P.A. 1865. .  .  .Conservation



 Department



             2.   Act 98,  P.A.  1913. . . .Health De-



 partment



             3.   Act 17,  P.A.  1921. ..  .Conservation



 Department



             4.   Act 245, P.A. 1929. .  .  .Stream



 Control Commission




             5.   Act 61,  P.A.  1939. . . .State




Supervisor of  Wells  (Conservation  Department)

-------
                                                         450
                Ralph W. Purdy
             6.  Act 117, P.A. 19^9, amending (4)
above. . . .Water Resources Commission
             7.  Act 219, P.A. 1949, amending (2) above.  .
State Health Commissioner
             8.  Act 40, P.A. 1956 (Drain Code). .  .  .
County Drain Commissioners or Intercounty Drainage
Boards
             9.  Act 306, P.A. 1927, as amended. .  .  .
County Health Departments
            10.  Act 165, P.A. 1963, amending (4)
above. .Water Resources Commission
            11.  Act 328, P.A. 1965, amending (4)
above. .Water Resources Commission
             No. 1 was enacted for the protection of
fish and fisheries.
             No. 2 initiated Health Department supervision
of municipal water and sewerage facilities and related
developments concerned with public health.
             No. 3  The basic Act creating the Conser-
vation Department.  This carries a broad grant of
authority in the following words found in Section 3:
"to prevent and guard against the pollution of lakes and
streams within the state, and to enforce all laws pro-
vided for that purpose with all authority granted by law."

-------
                                                         451
                 Ralph ¥. Purdy
             No. 4.  The Legislature's attempt to resolve
 Health and  Conservation Department differences of the
 late  1920's by  the  creation of a Stream Control Commission.
 The Act also provided for compliance under a formal
 notice, hearing, and order procedure.  Unlawful pollution
 was defined as  the  discharge to waters of the state as  "any
 waste or pollution  of any kind that will tend to destroy
 fish  life or be injurious to public health."
             Section 12 of the new Act provided that it
 should be construed "as ancillary to and supplementing"
 existing provisions of law governing pollution of lakes
 and streams "except as the same may be in direct conflict
 herewith."
             The Commission was further required to as-
 certain, in taking  appropriate action, whether the con-
 ditions created were "unreasonable and against public
 interest in view of the existing conditions in any lake,
 river,  stream or other waters of the state."
             Monthly meetings were required of the five-
 member Commission to consist of the Director of Conser-
 vation, Commissioner of Health, the Highway Commissioner,
 the Commissioner of Agriculture, and the Attorney General.
             No. 5.  This enactment made the Director
of Conservation the  State  Supervisor  of Wells  (for oil  and

-------
                                                         452
                Ralph W. Purdy
gas).  Among his other duties he was authorized "to pre-
vent waste or damage to oil and gas, the fresh, brine,
and mineral waters or to life and property.'
             No. 6.  A Water Resources Commission of
seven members was created to replace the Stream Control
Commission of 1929.  To make up its membership of seven,
there was added to the four hold-over ex-officio members
heading the Health, Conservation, Agriculture and Highway
Departments, three Executive appointees (with Senate
approval).  The citizen members represent respectively,
Industrial Management, Municipalities, and Organized
Conservation Groups.
             The preservation and encouragement of member
departmental activity in this field was continued as was
authority to call upon "any officer, board, department,
school, university or other state institution for any
assistance deemed necessary to the carrying out of this
Act."
             No. 7.  The last series of amendments to (2)
above strengthened the Health Department's control of
plans, construction, operation and supervision of
public water supply, sewerage and sewage treatment
facilities.  From the standpoint of water pollution con-
trol one sentence of the Act is particularly significant:

-------
                                                         453
                Ralph W. Purdy
"The State Health Ccanmissloner shall exercise due care
to see that sewerage systems are properly planned, con-
structed and operated so as to prevent unlawful pollution
of the streams, lakes and other water resources of the
state."
             Authorization "to act as agent to the Stream
Control Commission on request" appears in Section 11 of
the Act.
             No. 8.  The Drainage Code, up for further
amendments each year, carries in Section 423 its definition
of the unlawful use of county drains and intercounty
drainage facilities for the carrying of sewage and other
wastes.  Action under this law has been the lease pro-
ductive of pollution control results.
             No. 9.  The basic Act providing for the
establishment of county and district health departments
authorizes the County Board of Health to exercise
the same powers as conferred on boards of health of
townships, villages and cities.  On this basis the
local health departments have adopted and enforced
county regulations controlling the installation and
operation of private sewage disposal systems.
             No. 10.  Authorizes state officer to
designate a representative from his department to serve

-------
                                                         454




                 Ralph W.  Purdy



 in his stead as a member  of  the  Water Resources



 Commission.




              No.  11.   Amendments clarify wording in  various



 sections  of  the basic Water  Resources Commission act.



 Broadens  the definition of unlawful  pollution  to pro-



 vide  for  what may become  injurious;  includes  substances



 which are injurious to the value or  utility of riparian



 lands, and provides that  the discharge of  any  raw



 sewage shall be considered as a  prima facie evidence of



 a violation. Also a  city, village or township which



 permits or allows the discharge  of raw sewage  by any of



 its inhabitants shall be  subject to  the remedies pro-



 vided in  Section 7 of the act.   New  penalty section



 provides  for a  minimum fine  of $500  per day.



              Act 245, Public Acts of 1929  as  amended



 through the  19&5 regular  session of  the legislature  is



 attached  as  Exhibit  "A".  The amendments provided in



 Act 328,  Public Acts  of 1965 are effective 90  days



 after the adjournment of  the present regular  session.





             Legal History



             Prior to 1929 authority of the State of



Michigan to  abate pollution rested upon a basis of



common law.  In 1913  the Michigan Supreme Court held




in  Attorney  General ex rel Township  of  Wyoming vs. City

-------
                                                         455




                 Ralph W. Purdy




 of  Grand Rapids, 175 Mich. 503, that the state Attorney




 General acting under his broad common law powers had the




 authority to  file  suits on behalf of the State of




 Michigan to compel the City  of Grand Rapids to abate




 the public nuisance that it  was making in the waters of




 the Grand River  by discharging raw  sewage therein.  In




 its decree the Supreme Court ordered that the City con-




 struct such works  as were necessary to abate the pollution




 within one year.




              In  1929 the Michigan Legislature enacted




 the Stream Control Commission Act (Act 2^5, P.A. 1929)




 establishing  a five-member Commission consisting of the




 Director of Conservation, the State Health Commissioner,




 the Highway Commissioner, the Commissioner of Agriculture,




 and the Attorney General.  This Act defined unlawful



 pollution as  the discharge to the waters of the state of




 ''any waste or pollution of any kind that will tend to




 destroy fish  life or be injurious to public health".  The



 law further provided the Stream Control Commission with



 authority to  ascertain and take appropriate action where




 existing conditions in any lake, river, stream or other




waters of the state were deemed by the Commission to be




unreasonable  and against public interest.  In order to




insure compliance with Stream Commission orders, the

-------
                                                         456
                Ralph W. Purdy
statute provided for a formal notice, hearing and
order procedure.
             The constitutionality and authority of the
Stream Control Commission to issue orders requiring the
abatement of pollution of the waters of the state were
reviewed in City of Niles vs. Stream Control Commission,
296 Mich. 650, decided March 11, 194l.  In that case the
City of Niles appealed from an order of the Stream Con-
trol Commission directing the city to begin construction
of a sewage treatment plant for the purpose of preventing
the discharge of raw sewage into the St. Joseph River.
The Supreme Court sustained the authority of the Commission,
validated its order and compelled the City of Niles to
comply.
             In the course of that decision the court made
some notable observations, among which is the following:
             "In order to stop pollution of the river,
it was necessary for the Commission to take action against
the City of Niles, inasmuch as it was the first city in
the State on the course of the river below the Indiana
cities and thus open the way for suit to compel the
Indiana cities to stop pollution of the waters of the
river.  It is an instance where the State must clean up
its own door-yfu?£  before being in a position to ask or

-------
                                                         457




                Ralph W. Purdy




 seek to compel its neighbor to clean up.  This was not




 an arbitrary exercise of power by the Commission but a




 practical movement toward accomplishment of a most de-




 sirable end."  (quoted on p. 157, 305 Mich. Rep.)




             However, the most notable series of cases




 involved the enforcement of the order issued by the Stream




 Control Commission against the City of Port Huron.  On




 February 11, 1936 the Commission issued an order against




 the City of Port Huron requiring it "to proceed to the




 construction of a sewage treatment plant and the necessary




 collecting and intercepting sewers, pumping stations,




 force mains and other appurtenances in connection there-




with, all when and as approved by the Michigan Department




 of Health to permit treatment for the sewage of the city




before its discharge to State waters".   The city failed to




 comply with this order and the Commission filed a bill




 of complaint on December 9,  1939 to enforce it.  After an



extended trial the Circuit Court denied the relief sought




by the Commission and the matter was appealed to the



Supreme Court.   In the course of its opinion (St rearn




Control Commission vs. Port  Huron,  305  Mich. 153), re-




versing the decision of the  lower court and validating the



order of the Commission,  the Supreme Court referred to




the argument made by the  city that  construction of the

-------
                                                         458
                Ralph W. Purdy
sewage plant would not materially reduce pollution in
the river and that its present method of sewage disposal
did not create a public nuisance to the people residing
along the river as well as those in the cities of Marys-
ville, St. Glair, Marine City and Algonac situated within
30 miles below Port Huron.  In disposing of this con-
tention, the court stated (p. 157):
             "The record contains sufficient testimony
to substantiate the State's contention that the present
raw sewage disposal method is a constant menace to the
health and well-being of the downriver communities as
well as to tourists.  This evidence clearly justifies
the Commission's order.  Under the authority of the
City of Niles case, supra, where similar arguments were
advanced, it is no defense to a statutory charge of river-
water pollution that others have or are contributing to
that condition. ''
             A contention made by the city consisted of
invoking the doctrines of "balancing of equities" and
''comparative injury11.  These doctrines are always in-
voked when a number of municipalities or industries con-
tribute to the pollution of a body of waters, each one
claiming that it should not be required to abate its con-
tribution to the pollution until the others are required

-------
                                                          459
                Ralph W. Purdy
 to  do  likewise.   In disposing of this contention the
 Supreme Court  said (p. 157-158):
              "Even if we should concur with the trial
 judge  in his conclusion that a  'balancing of equities'
 favors the city,  this is not a proper case for the appli-
 cation of that doctrine.  The doctrine of 'comparative
 injury' should be confined to those situations where the
 plaintiff can be  substantially compensated.   This principle
 is  distinguished  in City of Harrisonville vs. W. S.
 Dickey Clay Manfg. Co., 289 U. S. 33^, 337 (53 Sup. Ct.
 602, 77 L. Ed. 1208)."

                     * * * *

             "The doctrine of 'comparative injury1  should
not be invoked to justify the continuance of an act that
tends  to impair public health."
             Another contention made by the  City of Port
Huron was its financial inability to comply with the order.
In disposing of this issue against the city,  the court
stated (p. 159):
             "The act creating the Commission was under
the police power vested in the State,  and the order in
question was not  arbitrary or unreasonable but became

-------
                                                         460




                Ralph W. Purdy




necessary by reason of the previous refusal of the city




of Port Huron to stop pollution of the St. Glair and




Black rivers.  The evidence justified the order of the




Commission, and the decree entered below must be vacated.




             "We are not unmindful of the situation caused




by war conditions and the fact that the city of Port




Huron will have difficulty in complying with the Commission's




order due to necessary materials now required for war pur-




poses.  This, however, does not, and should not, prevent




the city from immediately taking those steps necessary to




insure the carrying out of the mandate of the Commission,




but a reasonable time should be allowed for completion of




the project.  We apprehend that the State and city can




agree upon the time that is necessary, and if they cannot,



this is a matter which can be determined by the trial




judge upon proper proofs."



             The City of Port Huron, however, failed to




comply with the order of the Supreme Court and consequently




the Attorney General filed a motion for final process to



enforce the decree.  The court rendered its opinion in




People ex rel Stream Control Commission vs. City of Port




Huron, 323 Mich. 54l.  In a per curiam opinion reviewing




the events that had occurred including reference to war




conditions that  had made it  impossible for the  city to

-------
                                                         461
                Ralph W. Purdy
procure necessary materials for construction and that time
was required for this purpose, and pointing out that the
city had authorized the issuance of bonds totalling $1,600,000
for construction of the sewage disposal plant, the court
stated:
             "This phase of the situation presents a
matter for practical consideration.  The problem is one
that cannot be solved other than by the construction of
proper facilities necessary for the treatment of the raw
sewage . . . The condition existing is one, as indicated
in the prior opinion of this court, that should be remedied
as soon as possible.  If the course the city commission
claims it is pursuing is followed with reasonable diligence,
it seems clear that the desired result can be accomplished
in the not far distant future .... It seems expedient
now that a definite date should be fixed prior to which
the sewage disposal plant, the intercepting sewers and
other necessary appurtenances shall be completed so that
the existing situation may be ended.
             "The injunctive relief sought by the motion
of the attorney general will be granted effective as of
October 1, 1950."
             Even this, however, did not end the controversy
because the City of Port Huron experienced difficulty in

-------
                                                         462




                Ralph W. Purdy




selling the bonds to raise the money for construction of




the works.  Apparently the bonding houses wanted a decision




from the State Supreme Court validating those proposed bonds,




Consequently, upon the city treasurer's refusal to counter-




sign the bonds, mandamus proceedings were filed by the




mayor of Port Huron against him.  The Attorney General




intervened as plaintiff and the matter was decided by




the Supreme Court in Port Huron Mayor vs. Treasurer,  328




Mich. 99.  In its opinion the court reviewed the prior




proceedings, the various resolutions and ordinances




adopted by the city for the issuance of the bonds, and




the court pinpointed the critical issue as follows (p. 106):




              'The most important question raised by




the pleadings is whether the issuance of the general  ob-



ligation bonds of $1,300,000 must be approved by a 3/5



majority of the qualified electors of the city of Port




Huron after due notice has been given to them in the  same




manner and to the extent that is required for issuance




of other general obligations bonds issued under the



charter of the city of Port Huron and by the home rule




act.''




             The bonds had not been submitted to the




electors for approval and thus the court was faced with




the responsibility of deciding whether its previous orders

-------
                                                          463
                Ralph W. Purdy




 could be complied with without reference to any refer-




 endum for the  issuance of the bonds to raise the money




 needed for compliance with the orders of the Supreme Court.




 Act 320, P.A.  1927, authorized the legislative bodies of




 municipalities to issue and sell bonds necessary for the




 construction of sewage disposal plant "whenever a court




 of competent Jurisdiction in this State shall have ordered




 the installation of a sewage or garbage disposal system




 in any of the  governmental agencies of municipalities




 herein mentioned and the plans therefore shall have been




 prepared and approved by the state commissioner of health.




             Another statute known as the Municipal




 Finance Act, namely Act 373* P.A. 1925,  contained the same




 provision with reference to the construction of "necessary




 storm and sanitary sewers'.



             After reviewing the various authorities, the




 court held that whenever a municipality finds it necessary



 to raise money for the issuance of bonds for the purpose



 of complying with a court order involving the public health



 of the State, no referendum of approval  by the people




 is necessary,  its opinion on this point stated:




             "The action of the plaintiffs was in strict




 accord without peremptory order for the  installation of a




sewage treatment system in Port Huron.  The proposed bond

-------
                                                          464




                 Ralph W.  Purdy




 issue was not to raise money for ordinary municipal



 purposes or improvements,  but to carry out the  order  of



 this Court, and prevent defendant from further  polluting



 public streams and endangering the health and comfort not



 only of its own inhabitants  but also  of all others in any



 way affected by the pollution of the  waters by  the filth



 from the Port Huron sewers.   This no  longer created



 solely a problem of Port  Huron but one of the State and



 this may have been the reason for enactment ofAct No. 320,



 supra, sections of which  we  have quoted.   The order was



 for the protection of the people of the State of Michigan.



 It transcended local purposes.




              "Claims of defendant that notice and vote of



 the electors of Port Huron were necessary are fully ans-



 wered by sections 7 and 8 of P.A.  1927,  No.  320, supra.



 The city of Port Huron was bound to carry out the order



 of this Court,  which confirmed the previous order of  the



 Stream Control Commission.   There was neither necessity,




 occasion,  nor any reason  to  publish the resolution



authorizing the issuance of the bonds, nor, as  previously




stated, did it require the vote of 3/5 of the electors."



(Emphasis supplied).



             Another point raised was  that the  levying




of the tax for the payment of such bonds would exceed the

-------
                                                         465

                Ralph W. Purdy
 tax limitations provided by the city charter.  This is a
 contention which  is usually made by municipalities
 whenever they are faced with complying with an order
 of the Water Resources Commission.  In its opinion the
 court rejected this contention by holding that there is
 ample authority in Act 320, P.A. 1927, to levy taxes for
 the purposes mentioned in that statute; and that even
 though the tax limitations were exceeded, such defense
 was not valid when the city is required to comply with
 a court order.
             The Supreme Court thereupon issued its writ
 of mandamus ordering the city treasurer to countersign the
 bonds and in due time the sewage disposal system of the
 City of Port Huron was built and has been operating
 ever since.
             The series of cases referred to paved the
 way for enforcement of Water Resources Commission orders
 and enabled Michigan municipalities to finance construction
 of projects necessary to comply with Commission orders.
 Today no municipality in the State of Michigan can plead
 that it is financially unable to comply with orders of the
 Water Resources Commission.  Financial inability is not a
 defense against the abatement of a nuisance either by
private citizens or by a municipal entity.

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                                                        466
                Ralph W.  Purdy
             State Program for Control of Water Pollution
             The State of Michigan takes pride in its
energetic efforts and programs to improve water quality and
banish pollution.
             While many tasks remain to be done, the
programs which have been successfully completed and those
now in progress are impressive and evidence a long history
of effective water pollution control.  The water pollution
control policies and programs of the State of Michigan
recognize the many uses which water, our most precious
resource, must satisfy.  The needs of domestic water
supply, industry, agriculture, and recreation, including
fishing, swimming and boating, must all be considered
if water pollution control programs are to receive the
public support and confidence required to carry such
programs to successful completion.  It has been the pur-
pose of Michigan's control programs to effectively up-
grade water quality in all areas consistent with local
requirements and to abate unlawful pollution deemed to
be unreasonable and contrary to the public interest.
The legal machinery provided by the State of Michigan
is adequate to place under proper control any species
of waste discharges where needs can be identified and
improvements predicted.

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                                                         467
                Ralph ¥. Purdy
             The record made by the State of Michigan clearly
shows that the State has consistently followed effective
abatement programs and evidences the readiness at all times
of the State to initiate whatever action is required or
may be required to correct a violation of State Law.
             The need for an investigation and appraisal
of the discharges of waste water to the Detroit River and
Michigan waters of Lake Erie was recognized by the Michigan
Water Resources Commission and an outline of a proposed
comprehensive study was prepared in 19&L.  The survey was
to be undertaken and performed by the state.  An alternate
procedure was selected by then Governor Swainson and by
letter dated December 5j 196l, asked, "In accordance
with Section 8 of P.L. 660 as amended (P.L. 8?-88), I
request that you, as Secretary of Health, Education, and
Welfare, assist the State of Michigan to identify and rec-
ommend methods for correcting the sources of pollution
going into the Detroit River and subsequently into Lake
Erie".
             A conference in the matter of pollution of
the navigable waters of the Detroit River and its tribu-
taries within the State of Michigan and Lake Erie was
held March 27-28, 1962.  At the close of the conference
the conferees agreed to the following conclusions and

-------
                                                         468
                Ralph W. Purdy
recommendations:
             1.  Lake St. Glair, the Detroit River, and
Lake Erie, within the State of Michigan, and their tribu-
taries within the State of Michigan, are navigable waters
within the meaning of section 8 of the Federal Water
Pollution Control Act.
             2.  Pollution of navigable waters subject to
abatement under the Federal Water Pollution Control Act is
occurring in the Michigan waters of Lake St. Glair, the
Detroit River, and Lake Erie, and their tributaries.  The
discharges causing and contributing to the pollution come
from various industrial and municipal sources.
             3.  This pollution causes deleterious con-
ditions so as to interfere with legitimate water uses,
including municipal and industrial water supplies,
fisheries resources, commercial and sport fishing, swimming,
water skiing, pleasure boating and other forms of recreation.
             4.  It is too early, on the basis of the record
of the Conference, to make an adequate judgment of the
adequacy of the measures taken toward abatement of the
pollution.  The Conference discussions demonstrate that
there are many gaps in our knowledge of sources of
pollution and their effects.
             5.   Cognizance is taken of the program of
 the Michigan Water Resources Commission for development

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                                                         469
                 Ralph W.  Purdy
 of  adequate pollution control measures on a progressive
 basis  and  the  excellent progress being made by many
 municipalities and  industries under this program.  Delays
 encountered in  abating the pollution may well be caused by
 the existence  of a  municipal and industrial complex con-
 centrated  in an area with a limited water resource.  The
 conferees  are  also  aware  of the vast problems that Detroit
 faces  as a result of the  stormwater  outflow from a system
 of  combined sewers.  The  problem thus becomes one of
 approaching the entire area on a coordinated basis and
 putting in adequate facilities based on an overall plan.
             6.   Cognizance is also taken of the six-county
 study  as a useful approach to the solution of the
 pollution  problem in the  Detroit area.
             7.  The Department of Health, Education,
 and Welfare, in order to  close the gaps in the knowledge
 as  to  sources  of pollution, nature of pollution, and the
 effects thereof, appropriate methods of abatement, and
 appropriate methods to avoid delays in abatement, will
 initiate an investigation and study to gather data and
 information on the  waters involved.  This investigation
 and study  will be carried on in close cooperation with
 the State  agencies  concerned, with the details of the
investigation  to be determined by the technical staffs

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                                                         470




                Ralph W. Purely




of the Department of Health, Education, and Welfare, the



Michigan Health Department and the Michigan Water Re-



sources Commission.  The Department of Health, Education,



and Welfare will establish a resident survey group to



provide technical assistance for this investigation.



             8.  The Department of Health, Education, and



Welfare will prepare reports on the progress of this in-



vestigation at six month intervals which will be made avail-



able to the Michigan Water Resources Commission.  The



Michigan Water Resources Commission will make information



contained in these reports available to all interested



parties.



             9.  The Conference will be reconvened at the



call of the Chairman with the concurrence of the Michigan



Water Resources Commission to consider the results ob-



tained from the investigation and study, and to agree on



action to be taken to abate pollution.



             A special field unit of the Department of



Health, Education,and Welfare working in cooperation with



the staffs of the Michigan Water Resources Commission and



Michigan Department of Health conducted the intensive



comprehensive study.  The report of this study written by



the staff of the Department of Health, Education, and Wel-




fare was completed and was the subject of the reconvened

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                                                         471




                Ralph W. Purdy




Federal Conference June 15 through June 18, 1965.  Th®



conference closed with the conferees in agreement on the



following conclusions and recommendations:



             1.  The Detroit River and Lake Erie within the



State of Michigan, and their tributaries within the State



of Michigan, are navigable waters within the meaning of



Section 8 of the Federal Water Pollution Control Act.



             2.  Pollution of navigable waters subject



to abatement under the Federal Water Pollution Control Act



is occurring in the Detroit River, the Michigan waters of



Lake Erie, and their tributaries within the State of



Michigan.  The discharges causing and contributing to the



pollution come from various industrial and municipal



sources.



             3.  While many sources of waste discharge



in the area have adequate facilities, many sources still



have inadequate waste treatment facilities.  The delays



in controlling the pollution problem of the area covered



by the Conference are caused by the lack of such adequate



facilities and the complex municipal-industrial nature



of the problem.



             4.  Recognition is taken of the excellent



work and programming of the Michigan State authorities.




Most wastes in the area receive a measure  of treatment

-------
                                                           472
                Ralph W. Pur dy-

er control.

             5.  The Report on Pollution of the Detroit

River and the Michigan waters of Lake Erie and their

tributaries, prepared by the U. S. Department of Health,

Education, and Welfare, dated April 1965* will be sub-

mitted to the Michigan Water Resources Commission for

implementation under State and local law.  Action taken

by the Michigan Water Resources Commission will be re-

ported to the Conferees at six-month intervals at public

meetings to be called by the Chairman of the Conference.

The Conferees expect that a time schedule for the control

of pollution in the area covered by the Conference will be

established by the Michigan Water Resources Commission

regarding all sources of pollution within one year from

the date of the issuance of this summary.

             6.  The Department of Health, Education,

and Welfare will consult with the Michigan Water Resources

Commission on action taken under State law by that Commission

relating to specific problems of the Detroit River and

Michigan waters of Lake Erie.  Staff members of the Department

of Health, Education, and Welfare will be available for

presentation of evidence and testimony at conferences and

hearings before the Michigan Water Resources Commission.

              7.   All municipalities and industries be

 required to provide a  degree of treatment sufficient to

-------
                                                          473
                Ralph W. Purdy
protect all legitimate uses.  Where the effluent con-
tains significant bacterial loadings deleteriously
affecting legitimate water uses, disinfection of the
effluent will be required.
             8.  Sewerage systems with collection sewers
terminating in adequate treatment facilities be provided
in those areas along the Michigan shore of Lake Erie and
the Detroit River where sewers do not now exist and
homes discharge either raw wastes or septic tank effluent
to the watercourse.
             9.  Waste treatment facilities be designed
to prevent the necessity of bypassing untreated wastes
during maintenance and renovation operations.  Cognizance
is taken of the fact that many installations provide this
protection at the present time.
             10. Programs to reduce the likelihood of
accidental spills of waste material to the river be con-
tinued and strengthened.
             11. All municipal waste water treatment plants
and industries discharging wastes analyze regularly signi-
ficant waste constituents contributing to pollution, and
furnish such reports and records to the Michigan Water
Resources Commission as specified by it.
             12. A  Department of Health,  Education,  and

-------
                                                          474
                Ralph W. Purdy
Welfare water pollution control surveillance station be
established in the lower section of the Detroit River.
This will be in addition to the Department station now
in operation at the head of the Detroit River so as to
indicate changes in water quality after improvements are
made.
             13.  Surveillance will be the primary re-
sponsibility of the State of Michigan.  The Department of
Health, Education, and Welfare will assist the State at
such times as requested.  Surveillance will include regular
sampling of waste effluents and overflows from combined
sewers as well as aerial and power boat reconnaissance as
practiced by the Michigan Water Resources Commission.  Ex-
pansion of this activity is encouraged and recommended.
             14.  The Conference may be reconvened on the
call of the Chairman.
             The Michigan Water Resources Commission at
its June 24, 1965 meeting received the recommendations of
the conferees and took the following action:

             Quoting from our Commission minutes:
             "That the municipalities and industries in-
volved be requested to appear before the Commission for
conferences to discuss the recommendations in the Federal

report and to explore and identify the issues as the basis
for a determination of further action to be taken by the

-------
                                                         475
                Ralph W. Purely
Commission; that the staff of the Michigan Water Resources
Commission be instructed to develop proposals for water
quality goals to be sought in the Detroit River and Michi-
gan waters of Lake Erie; and that the following pro-
cedure and program be pursued:"
             1.  July 29, 1965, Commission meeting at
Lansing;  Decision on recommendations requested from
Commission staff for water quality goals to be sought in
the Detroit River and Michigan waters of Lake Erie, for
presentation at August conference with municipalities,
industries and other water users.
             2.  August 25-26, 1965, Commission meeting
at Detroit (2 days);  Conference on water quality goals,
adoption of goals.
             3'  September 29-30, - October 1, 1965,
Commission meeting at Detroit (3 days);  Conferences
with municipalities and industries in Detroit River area
on action to be taken to meet specific individual re-
quirement s.
             4.  November 4, 1965» Commission meeting
at Monroe  (1 day):  Conferences with municipalities and
industries in Monroe-Lake Erie area, on action to be
taken to meet  specific  individual requirements.
             5.   December 15 (Noon) - 16. 1965* Commission

-------
                                                        476
                Ralph W. Purdy
meeting at Lansing (l| days);   Invoke the statutory pro-
cedures or other appropriate action disclosed by pre-
ceding conferences to be required to establish programs
and dates for abatement of pollution determined to be
unlawful under State statutes; this may include Notices
of Determination and Hearing,  Stipulations, etc.
             In addition to our prepared text I would
like to call to the attention of the Conferees that the
Commission schedule calls for the establishment of a
time schedule for the control of pollution six months in
advance of the date required by the Conferees, or the
decision reached by the Conferees at the June 15-18
Detroit Conference.
             MR. STEIN;  I can applaude at that.
             (Laughter).
             MR. PURDY;  The initial decision on water
quality goals was reached on July 29, 1965 as scheduled
and it can be anticipated that the remaining portion of
the program will proceed as scheduled.
             The State of Michigan has assumed its ob-
ligation.  It will seek by all possible means to achieve
and preserve a water quality that is consistent with the
myriad needs that are involved.  The record shows a
continuing dynamic program of progressive water better-

-------
                                                          477
                Ralph W. Purdy
ment.  As valid goals are defined the program will be in-
tensified.  The goals however must be framed in the realties
of what can be supported by law, for the equities involved
may limit the extent to which even the most public spirited
organization can go without compulsion.
             We are aware of the extensive studies of the
Great Lakes system, and in particular those involving
Lake Erie now being conducted by the Department of Health,
Education, and Welfare under the special authority for such
studies provided by Section 2 and 4 f of the Federal Water
Pollution Control Act.  At the International Level, the
governments of the United States and Canada have requested
the International Joint Commission to ascertain whether
pollution of Lake Erie originating on one side of the
border is producing or is likely to produce injury on
the other side, and, if so, the extent, causes, and
localities of that pollution and the nature and cost of
appropriate remedial measures.
             The Federal studies as well as the Inter-
national Joint Commission Investigations -can properly be
assumed to have been undertaken on the premise that the
available store of knowledge has not sufficed as a basis
upon which to found comprehensive action programs or to
predict their effectiveness.  Deficiencies in present

-------
                                                        478




                Ralph W. Purdy



knowledge have been broadly identified by the Department



of Health, Education, and Welfare as relating to the aging



process of the lake as well as to the effects, significance,



and possibilities for control of various man-made in-



fluences upon the lake water quality.



             The protection and enhancement of this great



water resource must necessarily be a cooperative effort



involving the Federal Government, the several states, and



the waste contributing cities and industries.  With each



of these entities playing its appropriate role, supported



by an alert and responsible citizenry, we believe that



the orderly processes of investigation and execution



which have been initiated and which are being followed by



the State of Michigan will lead to the realization of



our mutual objectives in the water quality of Lake Erie.

-------
                                                       479



                  Ralph W. Purdy








                    Exhibit "A"



                 State of Michigan



             Water Resources Commission




        Act 245, Public Acts of 1929 as amended



             through 1965 regular session








             Sections not amended by Act 328, P. A. of



1965 shown full page width.




Sections amended by Act 328, P. A.   Sections amended by Act



of 1965 shown as before amendment    328, P. A. of 1965 shown



in this column                       as amended in this column








             An act to create a water resources commission



to protect and conserve the water resources of the state,



to have control over the pollution of any waters of the



state and the Great Lakes, with power to make rules and



regulations governing the same, and to prescribe the



powers and duties of such commission; to prohibit the



pollution of any waters of the state and the Great Lakes;



to designate the commission as the state agency to cooper-




ate and negotiate with other governments and agencies in



matters concerning the water resources of the state; and



to provide penalties for the violation of this act.

-------
                                                       480



                  Ralph W. Purdy



             Sec. 1.  For the purpose of carrying out



the provisions of this act there is hereby created a



water resources commission, hereinafter referred to as



the commission, which shall consist of the director



of conservation, the commissioner of health, the high-



way commissioner, the director of agriculture, and 3



citizens of the state to be appointed by the governor,



by and with the advice and consent of the senate, 1



from groups representative of industrial management,



1 from groups representative of municipalities, and 1



from groups representative of conservation associations



or interests, for terms of 3 years each except that of



the members first appointed, 1 shall be appointed for



a term of 1 year, 1 for a term of 2 years, and 1 for



a term of 3 years.  Vacancies shall be filled for the



unexpired term in the same manner as original appoint-



ments.  Members of the commission shall be entitled to



actual and necessary expenses incurred in the performance




of official duties.  It shall be the duty of the depart-



ment of administration to provide suitable office fa-



cilities for the use of the commission.



             Each of the aforesaid state officers is




hereby authorized to designate a representative from



his department to serve in his stead as a member of

-------
                                                       481



                  Ralph W. Purdy




Che commission for 1 or more meetings.



             Sec. 2.  The commission shall organize and



make its own rules and regulations and procedure and



shall meet at least once each month and shall keep a re-



cord of its proceedings.  The commission shall protect



and conserve the water resources of the state and shall



have control of the pollution of surface or underground



waters of the state of Michigan and the great lakes,



which are or may be affected by waste disposal of



municipalities, industries, public or private corpora-



tions, individuals, partnership associations, or any



other entity.  The commission is empowered to make or




cause to be made surveys, studies and investigations of



the uses of waters of the state, both surface and under-



ground, and to cooperate with other governments, govern-



mental units and agencies thereof in making such surveys,



studies and investigations.  The commission shall assist



in an advisory capacity any flood control district which



may be authorized by the legislature of this state.



The commission in the public interest shall have the



right and duty to appear and present evidence, reports



and other testimony during the hearings involving the



creation and organization of flood control districts.



It shall also be the duty and responsibility of the

-------
                                                       482



                  Ralph W. Purdy




of the commission to advise and consult with the legis-



lature on the obligation of the state to participate in




the costs of construction and maintenance as provided



for in the official plans of any flood control district



or intercounty drainage district.  The commission shall



have the authority to, and shall enforce the provisions



of this act and shall make and promulgate such rules and



regulations as shall be deemed necessary to carry out



the provisions of this act.  The rules and regulations



of the commission shall be promulgated in conformity



with the provisions of Act No. 88 of the Public Acts of



1943, as amended, being sections 24.71 to 24.82, inclusive,



of the Compiled Laws of 1948.



             Sec. 2A.  The water resources commission is



hereby designated the state agency to cooperate and nego-



tiate with other governments, governmental units and



agencies thereof in matters concerning the water resources



of the state, including but not limited to flood control



and beach erosion control.  The commission is further



authorized to take such steps as may be necessary to take



advantage of any act of Congress heretofore or hereafter



enacted which may be of assistance in carrying out the




purposes of this act.



             The commission shall report to the governor

-------
                                                       483
                  Ralph W. Purdy




and to the legislature at least once in each year any



plans or projects being carried on or considered and



shall include in such report requests for any legislation



needed to carry out any proposed projects or agreements



made necessary thereby, together with any requests for
appropriations.



Sec. 3.  The commission shall be



authorized to bring any appro-



priate action in the name of the



people of the state of Michigan,



either at law or in chancery as



may be necessary to carry out



the provisions of this act, and



to enforce any and all laws re-



lating to the pollution of the




waters of this state.
Sec. 3.  The commission



shall be authorized to



bring any appropriate ac-



tion in the name of the



people of the State of



Michigan, either at law



or in chancery as may be



necessary to carry out



the provisions of this



act, and to enforce any



and all laws relating to



the pollution of the waters



of this state.  Whenever



the attorney general deems



it necessary, he shall



take charge of and prose-



cute all criminal cases



arising under the provi-



sions of this act.

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                                                       484



                  Ralph W. Purdy




             Sec. 4.  The commission or any agent duly ap-




pointed by it shall have the right to enter at all reason-




able times in or upon any private or public property for




the purpose of inspecting and investigating conditions




relating to the pollution of any waters of this state.




The commission shall have the right to call upon any offi-




cer, board, department, school, university or other state




institution and the officers or employees thereof for




any assistance deemed necessary to the carrying out of




this act.




             Sec. 5.  The commission shall establish such




pollution standards for lakes, rivers, streams and other




waters of the state in relation to the public use to which




they are or may be put, as it shall deem necessary.  It




shall have the authority to ascertain and determine for




record and in making its order what volume of water actu-




ally flows in all streams, and the high and low water




marks of lakes and other waters of the state, affected




by the waste disposal or pollution of municipalities,




industries, public and private corporations, individuals,




partnership associations, or any other entity.  It shall




have the authority to make regulations and orders re-




stricting the polluting content of any waste material




or polluting substance discharged or sought to be discharged

-------
                                                       485
                  Ralph W. Purdy




into any lake, river, stream, or other waters of the



state.  It shall have the authority to take all appro-



priate steps to prevent any pollution which is deemed



by the commission to be unreasonable and against public



interest in view of the existing conditions in any lake,



river, stream, or other waters of the state.



Sec. 6.  It shall be unlawful    Sec. 6.  (A)  It shall be un-



for any person to discharge      lawful for any person direct-



or permit to be discharged       ly or indirectly to discharge



into any of the lakes, rivers,   into the waters of the state



streams, or other waters of      any substance which is or



this state any substance which   may become injurious to the




is injurious to the public



health or to the conducting



of any industrial enterprise
or other lawful occupation;
public health, safety, or



welfare; or which is or may



become injurious to domestic,



commercial, industrial, ag-
or whereby any fish or migra-    ricultural, recreational, or
tory bird life or any wild



animal or aquatic life may
other uses which are being



or may be made of such waters
be destroyed or the growth or    or which is or may become
propagation thereof be pre-
injurious to livestock, wild
vented or injuriously affected   animals, birds, fish, aquatic



or the value of lawfully taken   life, or plants or whereby
fish or game be destroyed or
the growth or propagation

-------
                                                       486
                  Ralph W.  Purdy
impaired as the consequence



of said pollution.  Any per-



son who shall discharge or



permit to be discharged any



waste or pollution into any



of the waters of this state,
thereof is or may be prevented



or injuriously affected:  or



whereby the value of fish and



game is or may be destroyed or



impaired.



(B)  The discharge of any raw
in contravention of the above   sewage of human origin, direct-
provisions of this section,



shall be deemed to violate



the provisions of this act.
ly or indirectly into any of



the waters of the state shall



be considered prima facie evi-



dence of the violation of sec-



tion 6 (A) of this act unless



said discharge shall have been



permitted by an order, rule,



or regulation of the commis-



sion.  Any city, village or



township which permits, allows



or suffers the discharge of



such raw sewage of human origin



into any of the waters of the



state by any of its inhabitants



or persons occupying lands from



which said raw sewage originates



shall be subject only to the

-------
                                     487



Ralph W. Purdy




    remedies provided for in section 7 of



    this act.



    (C)  Whenever a court of competent



    jurisdiction in this state shall have



    ordered the installation of a sewage



    disposal system in any township, and



    the plans therefor shall have been pre-



    pared, and approved by the state health




    commissioner, the township shall have



    authority to issue and sell the neces-



    sary bonds for the construction and in-



    stallation thereof, including the dis-



    posal plant and such intercepting and



    other sewers as may be necessary to per-



    mit the effective operation of such sys-



    tem.  Such bonds shall be issued in the



    same manner as provided for in Act 320,



    P.A. 1927, being sections 123.241 to



    123.253, of the compiled laws of 1948;



    or any other act providing for the is-



    suance of bonds in townships.



    (D)  Any violation of any provision of



    section 6 shall be prima facie evidence



    of the existence of a public nuisance

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                                                       488



                  Ralph Wo Purdy




                         and in addition to the remedies



                         provided for in this act may be



                         abated according to law in an ac-



                         tion brought by the attorney general



                         in a court of competent jurisdiction.








             (Section 7 before and after amendment is as



follows:)



             Sec. 7.  Whenever in the opinion of the com-



mission any person shall violate or is about to violate



the provisions of this act, or fails to control the pol-



luting content or waste discharged or to be discharged



into any waters of the state, the commission may notify



the alleged offender of such determination by the commis-



sion.  Said notice shall contain in addition to a state-



ment of the specific violation which the commission believes



to exist, a proposed form of order or other action which



it deems appropriate to assure correction of said problem



within a reasonable period of time and shall set a date



for a hearing on the facts and proposed action involved,



said hearing to be scheduled not less than 4 weeks or



more than 8 weeks from the date of said notice of deter-



mination.  Extensions of the date of hearing may be granted



by the commission or on request.  At such hearing any

-------
                                                       489



                  Ralph W. Purdy




interested party may appear, present witnesses and submit



evidence.  Following such hearing, the final order of



determination of the commission upon such matter shall



be conclusive:  Provided, That such order may be reviewed



de novo in the circuit court for the county of Ingham,



in chancery, or for the county in which such alleged



violator resides, or for the county in which said alleged



violation occurred, upon petition therefor, filed within



15 days after said final order of determination.








             Sec. 7.  Whenever in the opinion of the com-



mission any person shall violate or is about to violate



the provisions of this act, or fails to control the pol-



luting content or substance discharged or to be discharged



into any waters of the state, the commission may notify



the alleged offender of such determination by the com-



mission.  Said notice shall contain in addition to a



statement of the specific violation which the commission




believes to exist, a proposed form of order or other ac-



tion which it deems appropriate to assure correction of



said problem within a reasonable period of time and shall



set a date for a hearing on the facts and proposed action



involved, said hearing to be scheduled not less than 4




weeks or more than 8 weeks from the date of said notice

-------
                                                       490



                  Ralph W. Purdy



of determination.  Extensions of the date of hearing



may be granted by the commission or on request.  At such



hearing any interested party may appear, present witnesses



and submit evidence.  Following such hearing, the final



order of determination of the commission upon such matter



shall be conclusive unless reviewed in accordance with



the provisions of the administrative procedures Act. No.



197 of the public acts of 1952, as amended, being sec-



tions 24.101 - 24.110 of the compiled laws of 1948, or



any amendment thereto in the circuit court for the county



of Ingham, in or for the county in which such person re-



sides, or for the county in which the violation occurred,



upon petition therefor, filed within 15 days after the



service upon said person of the final order of determina-



tion.








             (Section 8 before and after amendment is



as follows:)



             Sec. 8.  (A)  Whenever any person shall feel



himself aggrieved by the restriction of polluting content



or waste, or pollution, or any other order of the commis-



sion, he shall have a right to file a sworn petition



with the commission, setting forth the grounds and reasons



for his complaint and asking for a hearing of the matter

-------
                                                       491




                  Ralph W. Purdy



involved.  The commission shall thereupon fix the time



and place for such hearing and shall notify the petitioner



thereof.  At such hearing the petitioner and any other



interested party may appear, present witnesses and sub-



mit evidence.  Following such hearing, the final order



of determination of the commission upon such matter shall



be conclusive:  Provided, That such order may be reviewed



de novo in the circuit court for the county of Ingham,



in chancery, or for the county in which such alleged



violator resides, or for the county in which such alleged



violation occurred.



             (B)  Coincident with the effective data of



this amendatory act, it shall be the duty of any person



then or thereafter requiring a new or substantial increase



over and above the present use now made of the waters of



the state for sewage or waste disposal purposes, to file



with the commission a written statement setting forth



the nature of the enterprise or development contemplated,



the amount of water required to be used, its source, the



proposed point of discharge of said wastes into the waters



of the state, the estimated amount so to be discharged,



and a fair statement setting forth the expected bacterial,



physical, chemical and other known characteristics of



said wastes.  Within 60 days of receipt of said statement,

-------
                                                       492



                  Ralph W. Purdy



it shall be the duty of the commission to make an order




stating such minimum restrictions as in the judgment of



the commission may be necessary to guard adequately




against such unlawful uses of the public waters as are



set forth in section 6 above.  If the order is not ac-



ceptable to the applicant, he may request a hearing on




the matter involved, following which the commission's



final order of determination in this connection shall



be conclusive:  Provided, That such order may be reviewed



de novo in the circuit court for the county of Ingham,



in chancery, or for the county in which such alleged



violator resides, or for the county in which said al-



leged violation occurred, upon petition therefor, filed



within 15 days after such final order of determination



is adopted:  Provided further, That failure to comply



with the final order of the commission under this sec-



tion of the act shall not be considered a violation of



this act unless and until such failure results in pollu-



tion contrary to section 6 of this act.








             Sec. 8  (A)  Whenever any person shall feel



himself aggrieved by the restriction of polluting con-



tent or waste, or pollution, or any other order of the



commission, he shall have a right to file a sworn petition

-------
                                                       493



                  Ralph W. Purdy



with the commission, setting forth the grounds and rea-



sons for his complaint and asking for a hearing of the



matter involved.  The commission shall thereupon fix



the time and place for such hearing and shall notify the



petitioner thereof.  At such hearing the petitioner any



any other interested party may appear, present witnesses



and submit evidence.  Following such hearing, the final



order of determination of the commission upon such mat-



ter shall be conclusive unless reviewed in accordance



with the provisions of the administrative procedures



Act No. 197 of the Public Acts of 1952, as amended, being



sections 24.101 - 24.110 of the compiled laws of 1948,



or any amendment thereto in the circuit court for the



county of Ingham, or for the county in which such person



resides, or for the county in which the alleged violation



occurred.



             (B)  On and after May 18, 1949, any person



requiring a new or substantial increase over and above



the present use now made of the waters of the state for



sewage or waste disposal purposes shall file with the



commission a written statement setting forth the nature



of the enterprise or development contemplated, the amount



of water required to be used, its source, the proposed




point of discharge of the wastes into the waters of the

-------
                                                       494



                  Ralph W. Purdy



state, the estimated amount so to be discharged, and a



fair statement setting forth the expected bacterial,



physical, chemical and other known characteristics of



the wastes.  Within 60 days of receipt of the statement,



the commission shall make an order stating such minimum



restrictions as in the judgment of the commission may



be necessary to guard adequately against such unlawful



uses of the waters of the state as are set forth in



section 6.  If the order is not acceptable to the user,



he may request a hearing on the matter involved, follow-



ing which the commission's final order of determination



in this connection shall be conclusive unless reviewed




in accordance with the provisions of the administrative



procedures Act. No. 197 of the public acts of 1952, as



amended, being sections 24.101 - 24.110 of the compiled



laws of 1948, or any amendment thereto in the circuit



court for the county of Ingham, or for the county in



which the user resides, or for the county in which the



use is contemplated, upon petition therefor, filed with-



in 15 days after service upon said user of the final




order of determination.

-------
                                                       495



                  Ralph W. Purely



             (Section 9 before and after amendment is



as follows:)



             Sec. 9.  Any duly appointed agent of the



commission shall have authority to enforce the provisions



of this act and may make criminal complaint against any



person violating the same.  After service of a written



notice of determination setting forth specifically any



violation of this act, any person who shall fail to



comply with the order of the commission shall be subject



to the penalties of this act.



             Any person who wilfully violates any pro-




vision of this act or any restriction, regulation or



final order of determination of the commission made



thereunder, shall be subject to a penalty of not to



exceed $500.00 per day for each and every day of such



violation, such penalty to be recovered in a suit in



the circuit court.








             Sec. 9.  Any duly appointed agent of the



commission shall have authority to enforce the provisions



of this act and may make criminal complaint against any



person violating the same.  After service of a written



notice of determination, setting forth specifically any



violation of this act, any person who shall fail to comply

-------
                                                       496



                  Ralph W. Purdy



shall be subject to the penalties of this act.








             (The following is the new Section 10, there



having been no such section 10 heretofore:)



             Sec. 10.  Any person except a municipality



who discharges any substance into the waters of the



state contrary to the provisions of section 6 or who



fails to comply with any restriction, regulation or



final order of determination of the commission made




under the provisions of this act shall be guilty of a



misdemeanor and upon conviction thereof shall be punished



by a fine not less than $500.00 and in the discretion



of the court it may impose an additional fine of not



less than $500.00 per day for any number of days during



which such violation occurred:  Provided however, that



such person shall not be subject to the penalties of



this section if the discharge of the effluent is in con-*



formance with and obedient to a rule, regulation or




order of the commission.  In addition to the minimum



fine herein specified, the attorney general, at the



request of the Department of Conservation, is authorized



to file a suit in any court of competent jurisdiction



to recover the full value of the injuries done to the



natural resources of the  state by such violation.

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                                                       497



                  Ralph W. Purdy




             Sec. 11.  Whenever the word "person" is used



in this act, it shall be construed to include any muni-




cipality, industry, public or private corporation, co-



partnership, firm or any other entity whatsoever.  Wherever



the words "waters of the state" shall be used in this act,



they shall be construed to include lakes, rivers and



streams and all other water courses and waters within



the confines of the state and also the great lakes



bordering thereon.








             (Section 12 before and after amendment is



as follows:)



             Sec. 12.  This act shall not be construed



as repealing any of the provisions of the law governing



the pollution of lakes and streams, but shall be held



and construed as ancillary to and supplementing the same



and in addition to the laws now in force, except as the



same may be in direct conflict herewith.








             Sec. 12.  This act shall not be construed



as repealing any of the provisions of the law governing



the pollution of lakes and streams, but shall be held



and construed as ancillary to and supplementing the



same and in addition to the laws now in force, except

-------
                                                       498
                  Ralph W. Purdy
as the same may be in direct conflict herewith.  This
act shall not be construed as applying to copper or iron
mining operations, whereby such operations result in
the placement, removal, use or processing of copper or
iron mineral tailings or copper or iron mineral deposits
from such operations being placed in inland waters on
bottom lands owned by or under the control of the mining
company and only water which may contain a minimal amount
of residue as determined by the water resources commis-
sion resulting from such placement, removal, use or
processing being allowed or permitted to escape into
public waters; or applying to the discharge of water
from underground iron or copper mining operations sub-
ject to a determination by the water resources commission.
                        • «•*»<•»••
             Sec. 12.  (A)  The provisions of this act
shall be construed as supplemental to and in addition
to the provisions of Act. No. 316 of the Public Laws
of 1923, as amended, being sections 261.1 to 277olO,
inclusive, of the Compiled Laws of 1948, and nothing
in this act shall be construed to amend or repeal any
law of the state of Michigan relating to the public
service commission, the department of conservation and
the department of health relating to waters and water

-------
                                                       499



                  Ralph W. Purdy



structures, or any act or parts of acts not inconsistent



with the provisions of this act.



             Thank you.



             MR. STEIN:  Thank you, Mr. Purdy.



                  (Applause.)



             MR. STEIN:  Are there any comments or ques-



tions?



             MR. POOLE:  Mr. Chairman, I have one.



             MR. STEIN:  Yes, Mr. Poole.



             MR . POOLE:  Mr. Chairman, I asked this ques-



tion yesterday, and I am still a little bit confused on



just how far this Detroit drainage goes and how it af-



fects us, in any conclusions that we may arrive at here.



             Now, the recommendations of your report



yesterday were specific in regard to secondary treatment,



and I believe that the recommendations of your Detroit



report were equally specific, but as I interpret these



conclusions that have been read here today, the Michigan



Water Resources Commission still has some running room,



if you will, in its decision on the degree of treatment



that will be required in the Detroit area.



             Have I made a fair assumption?



             MR. PURDY:  Are you asking that of me, Mr.



Poole?

-------
                                                       500



                  Ralph W. Purdy



             MR. POOLE:  Well, I would like to know spe-



cifically just what the Michigan position is.



             MR. PURDY:  I can't commit our commission



to its position, but it would seem to me that this is



a decision that must be reached by our commission, and



that a decision of the conferees could not be binding



upon our commission.



             MR. POOLE:  This is the same interpretation



I have put on it.



             MR. PURDY:  In the same way that a decision



of the conferees, I don't think, could be binding upon



the Indiana Water Pollution Control Board.  They have




to reach their own decision.



             MR. POOLE:  It depends on which aspect of



the law you get involved in, whether you are discussing



interstate waters or intrastate waters.



             I have assumed, perhaps wrongly, that if



as a result of a conference that involved interstate



waters, the conferees agreed on something, and if the



Secretary subsequently adopted those agreements, that



they would probably overrule any decision that a State




agency might make to the contrary.



             I am not an attorney, but this has been my



interpretation of what the Federal Law is.

-------
                                                       501




                  Ralph W. Purdy



             MR. PURDY:  1 don't believe that we are quite



at that stage yet on the Detroit River.  This was referred



back to the State of Michigan.



             MR. POOLE:  Obviously we are not and we will



not be at that stage tomorrow or at the end of next week,



whenever we conclude with Lake Erie, but we will be one



step down the road in the direction of that stage.



             MR. STEIN:  Mr. Poole, I have every confi-



dence that with Michigan, the Michigan Water Resources



Commission, we won't ever reach that stage, because, as



you know, we both have worked with them for many, many



years, and I am confident we are going to see eye to eye



on it.



             Now, you know what the Secretary's position



is.  You know what the recommendations of HEW have been.



We have given a report to the Michigan Commission for



implementation.  They are proceeding, as far as I can



see, in an orderly manner under their statute.  They



are proceeding more rapidly than we agreed to.  They



are following this out with complete dispatch.



             We all have to recognize here, as I pointed



out, that we are operating in a very, very difficult



field of Federal - State - local relations, and what



we are trying to do is accomplish a cleanup of the

-------
                                                       502



                  Ralph W. Purdy




Detroit River, in this case, and its contribution to Lake



Erie, within the existing mechanism that we have inherited



from our forefathers.



             We have the State government and the State



commission, the Federal Government and the Federal au-



thorities and agencies, and, of course, the local govern-



ments.  I think we are proceeding through this complicated



government maze with due care and with due prudence, and



with a notion of the problems you can get into if you



do not touch all your bases.



             But I do suspect that the Michigan staff



and the HEW staff will come out in complete agreement.



1 suspect that the cities and industries will be satis-



fied with that agreement, and I also suspect, and I cer-



tainly hope, that the people of the area will be satisfied



with improved water as the result.



             MR. POOLE:  1 wouldn't want anyone to con-



strue my earlier remarks as any derogatory statements



or feelings with respect to the State of Michigan and




its activities'.



             I have for many years admired its aggressive



program, and have attempted to model the Indiana program



somewhat along the same lines.



              I  trust, Mr. Stein,  that  your summary  of  the

-------
                                                       503



                  Ralph W. Purdy



way the situation will develop will be the way that it



will actually develop.



             MR. STEIN:  Are there any further comments




or questions?



             MR. MORR:  Mr. Purdy, briefly, may we assume



that the State of Michigan recognizes the quite great



contribution to particularly the western area of Lake



Erie, to the pollution problem therein, by the Detroit



River, and that the State of Michigan recognizes then



that there is a degree of responsibility for such condi-



tions as we might find in Lake Erie?



             MR. PURDY:  The State of Michigan recognizes



that injuries are occurring to legitimate water uses in



these waters, and they have set forth a program to bring



about the correction.



             MR. MORR:  I understand they have, and for



this we are grateful.



             Thank you.



             MR. STEIN:  Are there any further comments




or questions?



                  (No response.)



             MR. STEIN:  If not, thank you very much for



an excellent presentation, Mr. Purdy.



             I think we are a little ahead of schedule,

-------
                                                       504



                  Ralph W. Purdy



which is fine.  We probably can do better at lunch.



             It is suggested that we reconvene at a



quarter to two promptly.  We stand recessed until a



quarter to two.
             (Whereupon, at 12:15 p.m., a luncheon re-



cess was taken.)

-------
                                                       505
                AFTERNOON SESSION




                    2:00 P.M.








             MR. STEIN:  May we reconvene?




             Mr. Oeming?




             MR. OEMING:  Mr. Chairman and fellow Con-




ferees:




             At this time I would like to provide the




opportunity for a statement to be presented by Mr. Frank




Hooper, who is the Chief Biologist for the Institute




for Fisheries Research of the Michigan Department of




Conservation.




             Mr. Hooper.

-------
                                                       506



                  Frank F. Hooper








              STATEMENT OF MR. FRANK F.  HOOPER,



              IN CHARGE, INSTITUTE FOR FISHERIES



              RESEARCH, MICHIGAN DEPARTMENT OF



                        CONSERVATION








             MR. HOOPER:  Mr. Chairman,  Conferees,



Ladies and Gentlemen:



             I am Frank F. Hooper, in Charge, Insti-



tute for Fisheries Research, Michigan Department



of Conservation.  I am making this statement on  be-



half of Dr. Ralph A. MacMullan, Director of the



Michigan Department of Conservation.



             An earlier statement giving the Michigan



Department of Conservation's viewpoint on the pollu-



tion of the Detroit River and Lake Erie was presented



at the June 15-17, 1965 conference at Detroit.  The



present statement is intended to emphasize portions



of the earlier statement that apply to Lake Erie.



             Lake Erie has great significance as a

-------
                                                         507
               Prank. P. Hooper
natural resource.  We would like to point out some
characteristics of lakes as resources.  A lake is
more than a tank to store and contain water and waste.
It is a natural phenomenon of value in itself.  Its in-
gredients are chemical, biological, physical and esthetic.
They include plants, animals, matter in solution and sus-
pension, all brought into association by the medium of
water.  Because of this combination of characteristics,
lakes and streams form a many-faceted resource.   The
utilization of any one facet can have profound influence
upon each of the others.  Each use can cause some hazard
to the lake or stream itself if carried to excess.
             No single use of a lake or stream poses so
great a threat to all other values as the disposal of
waste.  We believe that the concept of disposing of wastes
by committing them to lakes and streams ultimately must
change.  We recognize the enormous financial and economical
implications of that statement; nevertheless,  we are con-
vinced that the other values of these water resources are
such that the day will come when their use for waste
disposal will cease by popular demand

                     FISH
             Fisheries resources,  both sport  and

-------
                                                         508




               Frank F. Hooper




commercial, are entirely dependent upon water quality.




Within the past 30 years, the fisheries resources of Lake




Erie have deteriorated rapidly.  This deterioration is




continuing.  Desirable clean-water fish formerly present




are fast disappearing, and are being replaced by less




desirable, pollution-tolerant species.  The evidence is




strong that the deterioration of fish resources has




come about principally because of environmental changes




resulting from pollution.  These changes are complex and




subtle, and have affected fish life in many ways.  Perhaps




the most important change is an acceleration of the aging




process brought on by the nitrogen and phosphorus compounds




present in organic wastes.  Enrichment provided by these




wastes leads to oxygen depletion, turbidity, temperature



increases, and interruption of the biological food chains.



In addition, some chemical and industrial wastes contain



toxicants directly harmful to fish.



             Until recently, Lake Erie was the most pro-




ductive of the Great Lakes in terms of useful fish.  It




continues to support a large population of fish, but the




composition of that population has changed drastically.




The valued blue pike has disappeared; the lake herring




and whitefish are almost gone.  The walleye is in a




precarious state.  Of the desirable species, only the

-------
                                                         509




                Frank F. Hooper




 yellow perch remains abundant, and there are indi-




 cations that even this tolerant and prolific species




 is in trouble.




              The new Lake Erie fish population is com-




 posed chiefly of species such as carp and sheepshead




 that are of little commercial value and are of minor




 interest to sport fishermen.








              PARKS AND RECREATION




              The U.  S. Public Health Service report on




 the Detroit River and Lake Erie has adequately described




 the restriction of recreational uses in Lake Erie and




 its Michigan tributaries arising from pollution.   We




 can add nothing to this statement beyond detailing some




 of the effects of pollution on parks and other recreation



 facilities located along the  Michigan shoreline of Lake




 Erie.




              Sterling, the only state park on the Michigan



 portion of Lake Erie, has been closed to swimming since



 1961, owing to bacterial contamination of its 7,800-




 foot beach.  Attendance at this park has dropped from




 1,239,216 in 1959 to 319,500  in 1964, a decline of




 approximately 75$.   This drop occurred during years when




most other state parks were overcrowded to the point that

-------
                                                         510
               Frank F. Hooper
 tens  of  thousands  of would-be users were turned away
 annually.   Since March, 1962, we have spent about
 $500,000 for buildings, roads, water and sewage facilities,
 and other improvements at Sterling State Park in an effort
 to provide a badly needed major recreational facility
 for this heavily populated part of Michigan and for
 out-of-state visitors entering the state at its south-
 east  gateway.  Consideration has even been given to con-
 struction of an artificial swimming pool as a feeble
 substitute for the natural beach.  This would be a
 shameful solution  to a problem which should be solved by
 cleaning up the pollution which necessitates "no
 swimming" signs.

                   CONCLUSIONS
             The Michigan Department of Conservation
 wishes to support  all policies and steps taken which are
 aimed at minimizing the rate at which Lake Erie is aging.
 Fishing  and recreation have made the shores of Lake Erie
 and connecting waters highly desirable  sites for urbani-
 zation and for cultural development.  These advantages
 will  be  jeopardized if aging and deterioration of this
 habitat  continues  unchecked.  Time will likely produce
major advances in waste treatment technology.   However,

-------
                                                         511




                Prank  P. Hooper




 these  advances  will be wasted as  far  as Lake Erie  is




 concerned if  in the interim we  allow  the lake to




 deteriorate to  a point at which it has lost its recreational




 and  esthetic  values.




              All steps taken now  towards collection and




 treatment of  industrial and domestic  wastes and toward




 curtailment of  silt and agricultural  runoff,  can  be




 looked upon as  very basic, necessary  and preliminary




 toward more refined processing  in the future.  Specifically,




 our  immediate goals should be:  (1) Water quality which




 would  make available  sites on the Michigan shoreline of




 Lake Erie for all recreational  uses,  including bathing.




 Treatment of  industrial and domestic  wastes entering




 the  lake  should make  this possible.   Although nutrients




 cannot be entirely eliminated and blooms of algae  may on




 occasion  produce nuisances, treatment will, in part,



 arrest long-range deteriorative changes, and will  permit



 most recreational uses.  (2) The  elimination of untreated




 wastes from the western basin of  Lake Erie should  bring



 about  an  improvement  in the populations of bottom  animals.




 This in turn  should assist in preservation of stocks of




 species such  as perch and walleye, which appear to be on




 the  verge of  elimination and will very likely disappear




if present trends continue.

-------
                                                       512



                  Frank F. Hooper



             Thank you.



             MR. STEIN:  Thank you, Mr. Hooper.



             Are there any comments or questions?



             MR. OEMING:  I have one.



             MR. STEIN:  Yes, Mr. Oeming.



             MR, OEMING:  Mr. Chairman, I would like to




point out that Dr. Ralph MacMullan, on whose behalf Mr.



Hooper presented this statement, has been and is an ac-



tive and aggressive member of the Water Resources Com-



mission by statute, and that his views will certainly



play a big part in what decisions the Commission reaches



with respect to the Detroit River and Michigan waters



of Lake Erie report.



             MR. STEIN:  If this were a court, I could



say we will take judicial notice of it.  I have seen



him in action,



                   (Laughter.)



             MR. STEIN:  Thank you.




             MR. POSTON:  May I ask a question?



             MR. STEIN:  Yes.



             MR. POSTON:  Dr. Hooper, I take it that you



feel that pollution from Michigan interferes with recrea-



tional uses of Lake Erie within Michigan, and also with



the fishery in Lake Erie; is this right?

-------
                                                       513




                  Frank F. Hooper




             MR. HOOPER:  I don't think there would be



any question but that that is true.



             MR. BOSTON:  All right.  Then, to proceed



a little bit further, would you say that this same pol-



lution then interferes with the fishery in other parts



of Lake Erie?



             MR. HOOPER:  I think undoubtedly it does.



             MR. POSTON:  Then you consider this as inter-



state pollution?



             MR. HOOPER:  I can't see how you can con-



sider it otherwise.



             MR. POSTON:  That is all.



             MR. STEIN:  Are there any further questions



or comments?



             MR. OEM1NG:  No questions.



             MR. STEIN:  All right, thank you.



             Mr. Oeming, do you have anyone else?



             MR. OEMING:  Yes, I do, Mr. Chairman.



             I would like to at this time call on Mr.



Leonard J. Goodsell, Executive Director of the Great



Lakes Commission, to present a statement on behalf of



the Great Lakes Commission.

-------
                                                       514



                  Leonard J. Goodsell








              STATEMENT OF MR. LEONARD J.



              GOODSELL, EXECUTIVE DIRECTOR,



              GREAT LAKES COMMISSION








             MR. GOODSELL:  Mr. Chairman, Ladies and



Gentlemen:




             I am Leonard J. Goodsell, the Executive



Director of the Great Lakes Commission, based in Ann



Arbor, Michigan.  And, of course, we make our contri-



bution to the separated sewage system at Ann Arbor




that was spoken of a little earlier.



             So much has already been said here in this



conference that it is a little hard to keep from repeat-



ing what has been said, and maybe I can say some of the



things with just a little bit different shade of empha-



sis on some of them.



             It is a very great pleasure to appear at



this conference.  Specifically, I come at the invitation



of Mr. Oeming, Executive Secretary of the Water Resources



Commission of Michigan, and also Mr. Morr, Director of



the Department of Natural Resources of Ohio, but more



generally as the representative of the Great Lakes



Commission, which is a commission dedicated to the service

-------
                                                       515



                  Leonard J. Goodsell



of the eight states which border on the Great Lakes -



Illinois, Indiana, Michigan, Minnesota, New York, Ohio,



Pennsylvania, and Wisconsin - on water resources matters.



             I think at this stage of the game too we



have reached about a 100 per cent blooming factor.



Everything is being hurt.  The lakes are not doing just



what we want them to do, but I went down to see the ball



game last night, and I think it was very kind of the



conferees to have that ball game in town while we were



here.



             MR. STEIN:  We planned it that way.



                  (Laughter.)



             MR. GOODSELL:  I figured that that was the



case.  I didn't see Mr. Wampler there.  I thought he



might be.



             But one of the things that struck me on



the way down are these beautiful flowing fountains.



Let me say too that I went over and had a look at them,



and not one of those fountains has gin in it.



                  (Laughter.)



             Now, in some places in the country you will



find that the fountains do have gin in them because you



don't have enough water to go around.



             The other thing is down there at the stadium

-------
                                                        516



                   Leonard J. Goodsell



 that grass  is  just as  green a grass  as  you will  see



any place in the  country, and I might say  too  that  that



 is probably indicative of the fact that the Great



 Lakes water will support a fine  grass state.  So we



 are not altogether useless.



             During the night 1  was  awakened  a couple



 of times by boat whistles, and that  made  me believe



 that maybe  the boats are moving  on the  Lake.  Naviga-



 tion is moving on the  Lake, so everything isn't  wrong



 yet.



             Then, in  the fifth  inning  last night, I



 thought everything was going along pretty well for



 Detroit. Detroit came up with nine  runs  in the  fifth,



 which was a little hard for Cleveland to  take.



                   (Laughter.)



             But then  this morning we pursued the  use



 of the lakes a little  bit further, and  we had a  caucus



 during breakfast.  There were three  of  us, and we



 thought very hard, and we determined during that caucus



 that Lake Erie water as a source of  drinking  water is



 better than the  Ohio River at Cincinnati, so  that  is



 all for the Great Lakes as of this  time -~



             MR. STEIN:  Is  that supposed to  be  a  recom-



 mendation,  Colonel?

-------
                                                       517



                  Leonard J. Goodsell



             MR. GOODSELL:  I am just making this as a



comparison, Mr. Stein.  I think we all have to look at



things in a relative manner, you know.



             First let me say the Great Lakes Commission



is unequivocably against water pollution and for pol-



lution control and abatement.  In my dealings with the



Commissioners and Advisors of the Commission, I gain



the distinct impression that the states appreciate the



Federal effort in the control and abatement of pollu-



tion.



             Mr. Stein and Mr. Boston and you other



people of the U. S. Public Health Service, you're doing



a grand job in the enforcement field, but in your di-



recting the enforcement effort and the state's trying



to do what you tell them to do, I sense a very real



void in that we don't know how, in an economical and



feasible manner, to accomplish the desired end.  This



leaves a requirement, probably in the primary interest



sphere of other parts of U.S.P.H.S. or Department of



Health, Education, and Welfare, for some technical



and economic assistance in how to deal with the problems



that we face in cleaning up the Lakes.



             Congressman Blatnik and Dr. Gordon McCallum,



Assistant Surgeon General of U.S.P.H.S., visited with

-------
                                                       518
                  Leonard J.  Goodsell
the Commission during our semi-annual meeting in Duluth
about 11 or 12 days ago,  and  they are fully aware of
the Great Lakes Commission's  interest in pollution con-
trol and abatement, and both  indicated overwhelming
interest in cleaning up and preserving the waters of
the Great Lakes system.
             Another item: Senate Bill No. 4, as passed
by the Senate and amended and passed by the House, now
awaiting Congressional conference action the last time
I checked -- that is called the Water Quality Act of
1965 -- goes part of the way  in providing additional
assistance in constructing and improving waste treatment
plants.
             There are many studies being conducted,
and study groups and the like working on the problem
of Great Lakes pollution -- but most of these groups
are engaged in determining, confirming and reconfirming
the fact that the Great Lakes are polluted and that
there are several known sources of pollution.
             It appears that sometimes the efforts are
not entirely coordinated, and that maybe some of the
work is not being done with the utmost efficiency in
that some duplication of the effort is probably appear-
ing.

-------
                                                       519



                  Leonard J. Goodsell



             I think, Mr. Stein, as a part of your



enforcement action here, your group will make some of



these same determinations as the reports already pre-



sented.



             But that means that actions along enforce-



ment lines alone are not enough.  We need more action




on solution of the many problems which are follow-on



to these enforcement conferences.



             All of us will agree that a clean, sparkling,



high-level Lake Erie is a priceless thing - but there



is not one of us in this room that can put a definite



value on a clean, sparkling, and high-level Lake Erie.




We have got to realize that we will have to accept



Lake Erie water and quality standards at somewhat less



than 100 per cent pure, whatever that may be, at a cost



that we can bear.  Somewhere along the line, we've got



to apply the judgment factor, and 1 think this judgment



factor was rather apparent from the discussion that



took place yesterday afternoon among the conferees.



             Some possible solutions just aren't ac-



ceptable.  If we were to run all the people and all



the industry off the Lake right now, we would still



have problems of lake pollution and lake aging from



the residue and the natural processes.  It is obvious,

-------
                                                       520



                  Leonard J. Goodsell



of course, we can't decimate the people and industry



along and on the lakes.  They must remain here.



             This brings up the point that we have got



to balance out water use and determine the requirements



for water quality.  Some of the water has to be used



for domestic and sanitary purposes, some has to be used



for navigation, some for hydro power, some for fish and



wildlife, and some for recreation.  We can use some of



it over and over again for these purposes.



             In some cases these uses of water are es-



sentially non-consumptive, and quality requirements are



compatible.  Our problem stems from the use and pollu-



tion of the water, making it unusable for other purposes,



such as sanitary purposes versus domestic consumption,



fish habitat, recreation, and the like.  We don't know



now what are the optimum or minimally acceptable water



quality criteria for these various purposes.  These are



things we should and we will have to learn.



             We have problems in the treatment processes



for municipal and industrial wastes.  Removal or non-



generation of nutrients is one of the sticky problems;



processes to remove nutrients are only partially ef-



fective, and facilities for the collection, handling



and treatment are very expensive.  Right now, we just

-------
                                                       521



                  Leonard J. Goodsell



don't know what is a good, effective and economical treat-



ment process.



             We need some developments in the art of



treating sewage.  This problem is, 1 realize, not the



major topic at this conference, but if we are not going



to squander funds unnecessarily, because we don't know



how to treat sewage, we are going to have to have some



new development, and this should center in the United



States Public Health Service.



             What 1 am saying is that one part of Public



Health Service is saying "clean it up," but another part



is saying nothing or leaving the "how to do it" part up



to the States as their problem.



             The apparent solution may be terrifically



expensive — a mistake most costly.  So assistance is



needed in developing an effective, economical treatment



process that will do the clean-up job, to the required



standards or criteria.



             As an example:  The Department of the In-



terior has just recently, in its experimentation to



develop new uses of coal, described a process, now in



pilot plant stage, which uses coal as a filter material



in sewage treatment.  The two-stage filter process is



reported to remove almost all suspended solids, to reduce

-------
                                                       522



                  Leonard J. Goodsell



BOD by 70 to 90 per cent; to remove phosphates in excess



of 90 per cent, which is the one we talked about so much;



and hard detergents by 90 per cent.  The process, too,



is advantageous in that, in contrast to bio-oxidation



systems, it does not produce nitrates from nitrogen



compounds.  The total in-plant time for the process is



in the order of two to four hours.



             Bear in mind that this is information that



was gained when somebody was trying to sell something.



It may not be 100 per cent correct.



             MR. STEIN:  Does that make it suspect,



Colonel, in our society, that if you are trying to sell



something, you have to suspect it?



             MR. GOODSELL:  But at any rate, to my mind,



if these facts are correct — and I don't know — and



they are derived from a recent Congressional hearing,



and you have to more or less assume that you have some



honorable people, here is an action directed primarily



to the problem of making more use of coal, and 1 might



add that the coal used in the filtration process is



fully usable as fuel following its use as a filter.



This is a constructive action, and this may point the



way for a real breakthrough in the pollution control




and abatement process.

-------
                                                       523



                  Leonard J. Goodsell



             The process, if found to have merit by your



pollution control people, should be pursued at an expe-



dited pace.  A successful process of this type, refined



as necessary, will save the municipalities and indus-



tries of the lakes region millions of dollars, and will



do a job that we are apparently not doing too well now.



             We know that you realize in the Public



Health Service these needs too -- witness the fact that



Mr. Poston soon will be heading up the pollution labora-



tory in Ann Arbor, and the new fresh water laboratory



at Duluth is about to be constructed.



             Time-wise we have need for answers long



before either of these laboratories can become contri-



butory to the problem's solution.  So what can we do



in the interim?



             Now, according to Dr. Leon Weinberger,



Chief, Basic and Applied Sciences Branch, Division of



Water Supply and Pollution Control, U. S. Public Health



Service, conventional waste treatment plants have a



capability as follows:



             BOD removal                     90%



             Total Organic removal           807.



             Suspended solids removal        90%



             "Hard" detergent removal        50%

-------
                                                       524



                  Leonard J. Goodsell



             Total phosphate removal           10%



             Total nitrogen removal            50%



             Dissolved mineral removal          5%



and further, according to Dr. Weinberger, there are



several laboratory processes that will improve our



treatment processes.  Electrodialysis is cited as the



most effective.  1 have cited only this one, electro-



dialysis, because it just happened to come up with the



higher figures in each one of the brackets, as I re-



call it.  Those figures are:



             BOD removal                       99%



             Total organic removal             99%



             Suspended solids removal          99%



             "Hard" detergent removal          98%



             Total phosphate removal           87%



             Total nitrogen removal            75%



             Dissolved mineral removal         50%



The cost projected for the electrodialysis treatment



process is 40 to 50 cents per 1,000 gallons.  This is



based on the volume of 10 to 20 million gallons per



day, and this cost would be in addition to the 10 cents



per 1,000 gallons cost of conventional primary and



secondary treatment.  It is very expensive.



             There were other processes that were

-------
                                                       525



                  Leonard J. Goodsell



discussed here yesterday.  I think Mr. Coulter mentioned



the process whereby you can use the flocculation and



precipitation and come out with about 5 or 10 cents per



1,000 gallons.



             Again, according to Dr. Weinberger, we need



research and answers in these three areas.  I think two



of them are specifically applicable to the Great Lakes.



             (1)  Practicable means of treating municipal



                  wastes and other water-borne wastes to



                  obtain water at a quality suitable for



                  repeated reuse.



             (2)  Improved methods and procedures to



                  identify and measure the effects of



                  pollutants on various water uses.



             (3)  Investigation of augmented stream flows



                  to control water pollution not susceptible



                  to other means of abatement.



In other words, that is what can we do as far as dilution,



and Dr. Weinberger lists 17 major pollution problems and



research needs in water pollution for which current tech-



nology falls short.  I will not list them here, in the



interests of time, because they were all covered in one



of the papers*



             I speak generally as a layman in the pollution

-------
                                                       526



                  Leonard J. Goodsell



field.  May I suggest, however, that this conference be



used as a vehicle for getting some answers and assistance
                    *


in effective, economical treatment methods that will meet



our overall objective of cleaning up not only Lake Erie



but preserving the other lakes as well.  We can't afford



not to clean up the lakes •- neither can we afford the



ostrich or compartmented approach to the solutions of



the many problems connected with cleaning up the lakes.



In Summary:



             a.  Pollution of the Lakes (Lake Erie) must



                 be controlled and abated.



             b.  Federal and State agencies are working



                 on pollution control but I think we all



                 agree the problem has gotten ahead of us.



             c.  We must apparently depart from conven-



                 tional treatment processes to make head-



                 way in cleaning up the lakes*



             d.  Several processes appear to have promise



                 in meeting and providing solution to



                 some of the difficult problems in the



                 sanitary sewage and industrial waste



                 treatment processes.  We must have an



                 economical, effective process.



             e.  Municipalities and industries may be

-------
                                                       527



                  Leonard J. Goodsell



                 saved huge sums of money and get better



                 results if an effective treatment pro*



                 cess can be brought to the fore.  Time



                 is of the essence.



             f.  Federal agencies should evaluate the



                 coal filter process and others as they



                 are devised; expedite development of an



                 effective process and get the results



                 to the municipalities and industries



                 of the United States so that we won't



                 be expending huge sums on present day



                 conventional processes that are not



                 adequate and which are too expensive.



             Mr, Stein and Mr. Poston, my compliments.



You are doing a grand job in enforcement.  If you would,



please, as a part of your normal enforcement action make



it your concern to see that the Federal Government does



a thorough job in developing better and less enpensive



treatment processes.



             I am convinced you probably know many of



the answers to many of our current problems.  I am sure



all the interested parties in the Great Lakes, and not



only Lake Erie, will appreciate any help that will help



us to clean up the Lakes.

-------
                                                       528



                  Leonard J.  Goodsell



             Thank you very much.



             MR. STEIN:  Thank you,  sir.



                  (Applause.)



             MR. STEIN:  Colonel,  I  must admit I am sur-



prised.  Until you got to Page 8,  in listening to your



statement, I never thought that Mr.  Poston and I were



doing a grand job.



             Are there any further comments or questions?



                  (No response.)



             MR. STEIN:  Thank you very much, sir.



             MR. OEMING:  Chairman Stein, I have one more



statement that has been presented to me.



             I believe Mr. Gerald Goshorn, Superintendent



of the Village of Flat Rock Water Department is here.



If he is here and wishes to present this statement, I



will be happy to have him called up.



             MR. STEIN:  By the way, as Mr. Goshorn is



coming up, and we will make this announcement at the end



of today's session, the meeting tomorrow will be in the



ballroom across the lobby, on the same floor, and not



in this room.



             Mr. Goshorn, will you  identify  yourself,



sir?

-------
                                                       529



                  Gerald Goshorn







              STATEMENT OF MR. GERALD



              GOSHORN, SUPERINTENDENT,



              WATER DEPARTMENT, VILLAGE



              OF FLAT ROCK, WAYNE COUNTY,



                      MICHIGAN








             MR. GOSHORN:  Mr. Stein, Gentlemen:



             I am Gerald Goshorn, Superintendent of the



Water Department of the Village of Flat Rock, Wayne



County, Michigan.



             I appreciate the opportunity of being



called upon to present this statement.



             On December 18, 1962, it was necessary to



shut down the Flat Rock Water Treatment Plant because



of a high concentration of Hexavalent Chromium in the



Huron River which serves as our water supply.  At



about 5 p.m. on that date, the concentration reached



70 ppb (parts per billion).  We started every other



day sampling of the river at that time for Chromium.



             This situation caused us much difficulty in



that we supply about ten thousand persons with water.



This also resulted in loss of revenue and the start of

-------
                                                        530
                Gerald Goshorn
a law suit because of a broken contract.   No action was
taken at that time by the appropriate authorities
against the persons who dumped the Chromium.
             In May of 1963 a sample of floating debris
was sent to the Michigan Department of Health for analysis.
Although we received no written report we were told
verbally that this was a sulfide compound of some type
but definitely not harmful.  Although the location of
this discharge was located the condition has persisted
to this date.
             On July 7) 19°^ we picked up a large dose
of Chromium in one of our river samples.   This con-
centration was 53 p.p.b. in one river sample and 120
p.p.b. at the effluent of the French Landing Sewage Plant.
The sewage going to this plant has since been diverted to
an interceptor and goes to Wyandotte.  On June 21, 19&5
at 8 p.m. we started getting complaints of a medicinal
taste and odor in our water.  A sample was taken from
our raw water pump about 8:00 a.m. on June 22 which
contained 50 p.p.b. of Phenol.  River samples taken
that afternoon contained no measurable Phenol.  This
led us to believe the Phenol was dumped sometime on
Monday June 21, 1965 and had passed by us Tuesday when
the river samples were taken.  The Ypsilanti Township

-------
                                                        531
                Gerald Goshorn
Water Plant located about twenty miles above us had no
difficulty at this time.  Nor did they experience any
problems with Chromium on previous dates.
             This situation again caused us a great deal
of trouble due to rumors that the water was poisoned.
Also the Water Department employees were accused of
laxity in allowing an overdose of Chlorine.  Some of
our users had to dump large quantities of water for
which they demanded reimbursement.
             A press release about this situation attrib-
uted the Phenol to a surge of water which flushed down
a lot of settled Phenol from the bottom of the river.
The river is "flushed" at least once a week during the
summer months and we had a flood in March without ex-
periencing any problem with Phenol.  While we have had
minute quantities of Phenol before, it was never a prob-
lem until this last occurrence.
             The citizens that depend on the Lower Huron
River for their water supply are very put out by these
occurrences and are demanding some constructive action
on the abatement of pollution of their lifeline.

-------
                                                       532



                  Gerald Goshorn



             MR. STEIN:   Thank you very much.



             Are there any comments or questions?



                  (No response.)



             MR. STEIN:   If not, thank you very much for



your statement,



             Mr. Oeming?



             MR. OEMING:  Mr.  Chairman, this concludes



the notices I have had of requests for personal appear-



ances here.



             I have two communications in addition that



I would like to read into the  record, and then I would



also ask permission to reserve some time tomorrow after-



noon for an appearance by Miss Olga Madar of Detroit.



             MR. STEIN:   Without objection, I think we



can make that adjustment.  The people from Ohio will be



on, I think, but when Miss Madar comes up, if Mr.  Oeming



requests it, I don't think we should have any difficulty



putting her on.  That will be done.



             MR. OEMING:  Now, Mr. Chairman, I would



like to read a communication by way of a telegram ad-



dressed to you as Conference Chairman, from James I.



Rouraan, Executive Director of the Michigan United Con-



servation Clubs.

-------
                                                          533
             MURRAY STEIN, CHAIRMAN CONFERENCE ON




LAKE ERIE




             SHERATON CLEVELAND HOTEL CLEVE




             MICHIGAN UNITED CONSERVATION CLUBS, A




STATE-WIDE ORGANIZATION OF OVER 60,000 MEMBERS AND THE




MICHIGAN AFFILIATE OF THE NATIONAL WILDLIFE FEDERATION,




IS UNALTERABLY OPPOSED TO FURTHER DELAY  IN THE CLEAN-




UP OF LAKE ERIE, THE DETROIT RIVER AND THEIR




TRIBUTARIES.




             WE CAN NO LONGER IGNORE THE DEPLORABLE




CONDITION OF LAKE ERIE.  IT IS RAPIDLY BECOMING A




CESSPOOL OF MUNICIPAL AND INDUSTRIAL WASTES.  IT«




VALUE AS A RECREATIONAL RESOURCE HAS BEEN ALMOST




TOTALLY DESTROYED, AND UNLESS IMMEDIATE  STEPS ARE




TAKEN TO REMEDY THE SITUATION^ WITHIN A  FEW SHORT




YEARS THE LAKE WILL BECOME A HTDROLOGICAL WASTELAND




AND WILL CONTINUE TO BE EVEN FURTHER DEGRADED.




             THREE YEARS AND A TOTAL OF  $750,000



HAVE ALREADY BEEN SPENT ON A COMPREHENSIVE UTUDY OF




THESE WATERS.  WE KNOW WHAT THE SITUATION IS AND WE




KNOW WHAT SHOULD BE DONE TO CORRECT IT.  TRUE THIS




WILL COST MONEY, BUT DELAY WILL ONLY INCREASE THE




EXPENSE AND LESSEN THE CHANCES FOR ULTIMATE SUCCESS.

-------
                                                         534
THE TIME FOR DEBATE AND ADDITIONAL STUDY HAS COME AND




GONE; THIS IS THE TIME FOR ACTION.




             WE MUST NOT PERMIT FURTHER DETERIORATION




OF THIS ONCE UNTAINTED AND VALUABLE BODY OF WATER.




IF LAKE ERIE IS TO BE SAVED AT ALL, CORRECTIVE




MEASURES MUST BE UNDERTAKEN WITH DISPATCH.  WE OWE




IT TO OURSELVES AND FUTURE GENERATIONS TO REVERSE THIS




DESTRUCTIVE TREND, AND TO RESTORE LAKE ERIE AND THE




DETROIT RIVER TO THEIR FORMER STATUS OF CLEAN AND




VALUABLE WATER RESOURCES FOR THE SURROUNDING STATES




AND FOR THE NATION.









             JAMES I. ROUMAN EXECUTIVE DIRECTOR MUCC

-------
                                                       535
             MR. OEMING:  I would ask that this be entered



into the record.



             MR. STEIN:  Without objection, this will be



done.



             I would like to go off the record here.



             (Discussion off the record.)



             MR. OEMING:  I also have, Mr. Chairman, a



resolution that was mailed to me by the City of Gibraltar,



with a request that it be entered into the record, and,



with your permission, I would like to read it.



             MR. STEIN:  Surely.

-------
                                                         536
                  RESOLUTION








             WHEREAS, The City of Gibraltar has re-




ceived a written invitation from the Water Resources




Commission of the State of Michigan to attend or be




represented at the Lake Erie Intrastate Conference to




be held on Tuesday, August 3* 19&5; and




             WHEREAS, The City of Gibraltar attended




and participated in a conference held in the City of




Detroit on June 15-1,8, 1965* relative to the pollution




of the Detroit River and the Michigan interstate waters




of Lake Erie and the tributaries; and




             WHEREAS, The City of Gibraltar, through



its Officials, is unable to attend the Lake Erie Intra-




state Conference; and



             WHEREAS, The City of Gibraltar is desirous




of communicating with the aforesaid Conference by Reso-




lution.



             BE IT RESOLVED That the City of Gibraltar




officially spread upon the Minutes of this regularly




called meeting a commendation to Governor James A. Rhodes




of Ohio, who is responsible for the aforesaid conference.




             BE IT FURTHER RESOLVED That the Conference

-------
                                                         537
specifically declare that this is the time of action,
and urge that Mr. Murray Stein of the U. S. Department
of Health, Education, and Welfare, as Chairman of the
Conference, and Loring P. Oeraing as its Executive
Secretary for the Michigan Water Resources, Join in
leading the Conference to positive action.
             BE IT FURTHER RESOLVED That the City of
Gibraltar firmly believes that there exists more than
sufficient data through studies, research, testings,
surveys, investigations and census to prove a complete
violation in the pollution of the related waters, and
that it would serve no useful purpose whatsoever for
continuation of surveys and other related investi-
gations.
             BE IT FURTHER RESOLVED That the City of
Gibraltar respectfully gives notice that any delay in
remedial action will cause irreparable injury and damage
to everyone concerned.
             BE IT FURTHER RESOLVED That a copy of this
Resolution be forwarded to:
             Conference on Pollution of Interstate
             and Ohio Intrastate Waters of Lake
             Erie, Sheraton Cleveland Hotel,
             Cleveland, Ohio.

-------
                                                        538
             Hon. Governor James A. Rhodes



             of Ohio.



             Mr. Murray Stein, U.S. De-



             partment of Health, Education



             and Welfare.



             Mr. Loring F. Oeming, Executive




             Secretary, Water Resources



             Commission, Lansing, Michigan.



             Unanimously adopted, approved and



passed this 26th day of July, A.D., 1965.








                         CITY OF GIBRALTAR








                         s/ CHARLES W. SHUMATE



                         Charles W. Shumate, Mayor








                         S/ JESSIE M. MARSH	
                         Jessie M. Marsh, Clerk.

-------
                                                       539
             MR. OEMING:  I would request that this be



entered into the record.



             MR. STEIN:  Without objection, it will be



so done.



             Are there any comments or questions?



                  (No response.)



             MR. OEMING:  I have one request to make, Mr,



Chairman, that an exchange of correspondence between me



and Dr. John L. Buckley of the Executive Office of the



President, Office of Science and Technology, Washington,



D. C., dated March 18, 1965, April 14, 1965, and May 4,



1965, be entered into the record.



             This exchange of correspondence, Mr. Chair-



man and conferees, relates to the investigations and



studies being made in the Executive Office of the Presi-



dent on the problem of fertilization and nutrients in



surface waters across the United States.



             MR. STEIN:  Without objection, this will



be done.








             (The correspondence referred to is as



follows:)

-------
                                                         540
       EXECUTIVE OFFICE OF THE PRESIDENT
       OFFICE OF SCIENCE AND TECHNOLOGY
                  WASHINGTON

                           March 18, 1965

Dear Sir:

             A section of the Panel on Environmental
Pollution is concerned with the undesirable enrichment
of waters by man-released compounds of nitrogen and of
phosphorus.  It is our responsibility to (1) describe
the present spatial extent and severity of the problem;
(2) consider the relative contributions from various
sources -- industrial wastes, municipal sewage, agri-
cultural fertilizers and manures; (3) review present
research on the problem, and suggest additional research
most likely to be rewarding; (4) evaluate possible means
of relieving the problem, and recommend corrective actions
where appropriate to be taken within the limits of present
knowledge and technology.
             We are requesting information from concerned
Federal and State agencies, research institutions, and
from individuals having known competence in the subject.

-------
                                                         541
We would like to know:




             1.  What bodies of water are overly en-



riched in your area — as apparent by algal blooms and



other biotic changes.



             2.  What are the sources of excessive



nutrients (industrial, municipal, agricultural).



             3.  What are your bases of judging that



certain waters contain excessive nutrients, and what



are your conclusions regarding the severity of the



problem in specific instances.



             4.  Short case histories of the most



critical cases of excessive enrichment of waters which



have occurred during this century, particularly in



recent years, and trends which may aggravate present



conditions.



             5.  Corrective actions, if any, applied



in your area, and your recommendation if additional re-



search or legislative action appears to be necessary.



             Our subpanel has been given one additional



responsibility: to determine possible deleterious



effects resulting from the chlorinatlon of wastes.



Any information you may care to provide on the subject



will be most welcome.




             Our report must be completed by  the middle

-------
                                                         542
of May, 1965.  I would appreciate receiving your reply




to my inquiries at your earliest convenience.  Further-




more, if it is not too great an imposition, may I have




your response in six copies (one for each of the widely




scattered members of the subpanel)?








                         Sincerely,




                         JOHN L. BUCKLEY








Mr. L. F. Deming




Executive Secretary




Water Resources Commission




Station B




Reniger Building




200 Mill Street




Lansing, Michigan

-------
                                                         543
               STATE OP MICHIGAN




           WATER RESOURCES  COMMISSION




           GEORGE W.  ROMNEY,  GOVERNOR




                  STAFF OFFICES




                 200 MILL STREET




                  TEL.  373-3560




                   STATION  B




          LANSING,  MICHIGAN 48913



                 April  14,  1965








 Dr.  John  L. Buckley




 Executive Office of the President




 Office  of Science  and  Technology




 Washington, D.  C.








 Dear Dr.  Buckley:



             Thank you for your invitation to contribute




 comments  on our experiences with undesirable enrichment



 of the  aquatic  environment by man-released compounds




 of nitrogen and phosphorus.  We welcome the opportunity




 to participate  in  your panel's survey and investigation




 of this important  and  growing problem.




             Your introductory statements lead immediately




to a prefacing comment concerning Michigan's unique

-------
                                                         544
geographic position in the country.  Together with parts
of our sister states (Minnesota, Wisconsin, and upper
New York) we enjoy an immature area, geologically
speaking, which provides us with many natural lakes.
Most of these lakes were formed by glacial action and
have been aging ever since.  We have lakes ranging from
the rocky, deep, and clear type to the extinct lakes
we are using as muck farms.  Over much of lower Michigan
our still-developing soils provide runoff comparatively
rich in nitrogen and phosphorus.  These elements stimulate
the growth and production of aquatic plants and algae
which contribute importantly to the aging of lakes.
Before a lake becomes a marsh or a peat bog it will under-
go years of heavy plankton blooms and weed growths
which contribute to the physical mass filling the lake.
             My point is simply that your first questions
and your enumerated panel responsibilities seem predi-
cated on the assumption that man-released sources of
nitrogen and phosphorus bear the primary responsibility
for the algal blooms and other biotic changes which
accompany the aging of lakes.  We acknowledge that man-
released nutrients accelerate the eutrophication process.
However, in the light of present knowledge, we are
hesitant to predict the outcome if all or part of

-------
                                                        545
 these man-released nutrients were eliminated.  We are


 also hesitant to  say that some lakes currently bothered


 by nuisance  algal blooms and/or aquatic weeds did not

                   «
 have similar problems a century ago.


             With this background established I will


 take up your questions.


             1.  Several bodies of water in Michigan


 are apparently undergoing eutrophication at a very rapid


 rate.  They  are widely diversified in character and re-


 ceive runoff and effluents from a variety of soils and


 sources.  Examples include small impoundments (less than


 20 acres) on drains from intensively farmed muck land;


 large natural lakes (750 acres) receiving similar drainage;


 a  large drowned rivermouth lake (2,000 acres) receiving


 treated municipal wastes; a medium-sized (300 acres)


 natural lake receiving treated municipal and paper mill


 wastes; a 600-plus acre lake receiving treated municipal


 and food processing wastes; a 150 acre lake receiving


 treated municipal wastes; and a 400 acre natural lake

 which receives treated municipal and food processing


 wastes.


             2.  In addition to the sources of extra


 nutrients mentioned above, most of the lakes are ringed


with cottages which place their wastes in septic tanks.

-------
                                                         546
How much of the nutrients so discharged ultimately reach



the lake via seepage is conjectural.



             3.  Unfortunately we have not been able to



develop chemical criteria which establish a valid limit



on the nutrient "carrying capacity" of a lake beyond which



nuisance conditions ensue.  Because of the range in



buffering capacity in our natural waters, the same



amount of added nutrients could produce very different



algal growth reactions in different lakes.  Many other



factors also have a bearing on type and amounts of algae



produced.  This inability to predict accurately and con-



fidently at what nutrient level nuisance blooms will



commence makes it extremely difficult to place meaningful



restrictions on contributors of man-released compounds



of nitrogen and phosphorus.



             We are convinced that the problem of



eutrophication (and especially high-rate eutrophication



involving serious nuisance blooms and severe, accelerated



biotic changes) is very important to many aspects of the



economy of the United States and especially of Michigan



where tourism and lake-shore property development are of



major concern.  There is little doubt that property on



lakes suffering nuisance blooms will be less attractive




for recreational use than that on lakes without nuisance

-------
                                                         547
blooms.
             4.  Two case histories of vexing problems
are enclosed.  Trends are apparent in virtually every
phase of man's water-oriented activities to aggravate
present conditions.  At the same time man is demanding
better quality water, his very being places a heavier
burden on the water resource.
             5.  Present state pollution control law does
not provide the same basis for restriction of nutrients
addition that it does for the regulation of materials
that are directly pollutional.  Much reduction in nutrient
discharge is, of course, accomplished by the requirements
that are imposed upon municipal and industrial waste
discharges to keep BOD, sediments, and other pollutants
within proper limits.  However, the mere nourishment
of aquatic plant growth is not necessarily contrary to
Michigan law as it now stands.
             It is believed that in order to provide
adequate statutory control over the discharge of
nutrient materials, the state law should be amended to
include this aspect of waste disposal.  A proposal now
before the Michigan Legislature would amend the present
definition of unlawful pollution by adding the term
"creation of a public nuisance" to the prohibited acts.

-------
                                                         548
Other means for bringing nutrient materials clearly



within the statute may be considered.



             Regardless of statutory authority, the need



will remain for:



             (a)  the development of feasible processes



by which nutrients can be removed from waste effluents



before they are released to lakes or streams;



             (b)  the advancement of scientific knowledge



from which reasonably accurate forecasts can be drawn



on the degree of correction that can be achieved over the



nuisance blooms under varying restrictions that might be



imposed upon the input of nutrients.



             We understand that these needs are the



subject of considerable research, nationwide.  Whether



additional research programs are necessary would be



beyond our knowledge.



             We shall be glad to provide additional in-



formation if desired.







                         Very truly yours,



                         LORING P. OEMING



                          Executive Secretary



CMF:bs




Encl.

-------
                                                         549
       EXECUTIVE OFFICE OF THE PRESIDENT




        OFFICE OF SCIENCE AND TECHNOLOGY




                  WASHINGTON








                   May 4, 1965








Dear Sir:




             Your informative letter and copies of




pertinent documents have been of great help in our




review of the over-enrichment of waters by man-re-




leased nutrients and farm wastes.  Please know how




much all of us on the sub-panel on nitrates and




phosphates (a component of the Panel on Environ-




mental Pollution) appreciate your interest and




assistance.








                         Sincerely yours,




                         DERIC 0'BRYAN








Mr. L. F. Oeming




Executive Secretary




State Water Resources Commission




200 Mill Street



Lansing, Michigan 48913

-------
                                                       550



             MR. OEMING:  Mr. Chairman, I appreciate the



opportunity to have presented these statements for Michi-



gan and on behalf of Michigan at this conference.



             This concludes our presentation.



             MR. STEIN:  All right.  Thank you very much,



Mr. Oeming.



             Are there any comments or questions on



Michigan's presentation?



                  (No response.)



             MR. STEIN:  If not, we will immediately



proceed to Indiana.



             Mr. Poole.







                STATEMENT OF MR. BLUCHER A.



                POOLE, CONFEREE AND TECHNICAL



                SECRETARY, INDIANA STREAM POL-



                LUTION CONTROL BOARD, INDIANAPOLIS,



                         INDIANA







             MR. POOLE:  Mr. Poston, my colleague here



on my immediate left, on two or three occasions in the



last couple of days started to mention "Lake Michigan"



when he was thinking of Lake Erie.  I assume that it is



because of my close proximity to him.

-------
                                                       551



                  Blueher A. Poole



             We had one of these conferences in March



that lasted for several days and involved the south end



of Lake Michigan, in which the State of Indiana had a



much greater stake than 1 feel that we have in this



Lake Erie conference.



             I am very happy to report that we concluded



that Lake Michigan conference with a unanimous agreement



among the conferees as to what ought to be done with



respect to the south end of Lake Michigan, and I am



equally hopeful that we can come out with a similar



agreement at the close of this conference.



             As far as the State of Indiana is concerned,



and Lake Erie, it is my feeling that we are way out here



on the end of the dog's tail.  We have less than 1/35



of the total population of the Lake Erie Basin.  It is



located, as most of you people undoubtedly know, in



the Fort Wayne area, which is more than 100 miles via



the Maumee River from Lake Erie.



             You have heard much discussion in the last



couple of days about this secondary treatment.  We have



secondary treatment in all of the sewered communities



in Indiana that are on the Lake Erie watershed.



             We have some industrial waste problems



which, in my judgment, are fairly minor as far as the

-------
                                                       552
                  Blueher A. Poole
Maumee River in the immediate vicinity of Fort Wayne is
concerned,
             As I view the situation today, I don't
know that there is a great deal more that the State of
Indiana can do to contribute to the improvement of
Lake Erie until we get this economical method of a
higher grade of sewage treatment that has been referred
to by one of the earlier speakers this afternoon.
             I am now going to turn the meeting over
to Mr. Perry Miller, who is Assistant Director of the
Division of Sanitary Engineering of the Indiana State
Board of Health, which does the work for the Indiana
Stream Pollution Control Board, and Mr. Miller will
present the Indiana data.
             MR. STEIN:  Mr. Poole, I just want to state
one jurisdictional fact here.
             While what you say about Lake Erie is en-
tirely true, there aren't too many miles from Fort
Wayne to the Ohio border.
             MR. POOLE:  25.
             MR. STEIN:  25?
             MR. POOLE:  Correct.
             MR. STEIN:  And at the 26th mile, at least
theoretically, this becomes an interstate problem.

-------
                                                       553



                  Perry E. Miller



             MR. POOLE:  I understand that.



             MR. STEIN:  All right, thank you.








              STATEMENT OF MR. PERRY E. MILLER,



              ASSISTANT DIRECTOR, DIVISION OF



              SANITARY ENGINEERING, INDIANA



                    STATE BOARD OF HEALTH








             MR. MILLER:  Mr. Chairman, Conferees, Ladies



and Gentlemen:



             My name is Perry Miller.  I am Assistant



Director of the Division of Sanitary Engineering, Indiana



State Board of Health.



             You all have, the conferees at least, a



copy of the prepared statement.  I would like to read



the Summary and Conclusions last, and will start with



the second page of the report.



             The portion of the Lake Erie drainage



system that lies in the State of Indiana is composed



entirely of the upper drainage basin of the Maumee



River.  The drainage area of the Maumee River in Indiana



is 1,284 square miles and includes parts of Steuben,



DeKalk, Noble, Allen, Wells and Adams counties.  The



largest city in the basin is Fort Wayne with a population

-------
                                                       554



                  Perry E. Miller



of about 175,000.  The estimated 1964 population of



the Indiana portion of the basin was 270,000.   This is



about 20 per cent of the population of the entire



Maumee Basin.



             The Maumee River originates at the junction



of the St. Marys and St. Joseph Rivers within the City



of Fort Wayne,  The river then flows eattwardly and



enters Ohio about 25 miles downstream from Fort Wayne



and 108 miles upstream from the mouth of the river at



Lake Erie at Toledo, Ohio.  The St. Joseph River begins



near Hillsdale, Michigan, and flows southwest 60 miles



through southern Michigan and northwest Ohio before



entering Indiana about 40 miles above Fort Wayne.  The



St. Marys River originates in Shelby County, Ohio, and



flows northwest about 60 miles before entering Indiana



southeast of Decatur, Indiana, and about 40 miles south-



east of Fort Wayne.



             The entire surface area is a glaciated



area characterized by low relief and glacial till.  A



large part of the Indiana area is in general farming.



             Appendix I lists the low flow characteris-



tics of the streams in the Indiana portion of the Maumee



Basint  This Appendix shows that low flows generally

-------
                                                       555



                  Perry E. Miller



prevail.  Based on three years data at the New Haven



station on the Maumee River the minimum seven-day dis-



charge is 100 cfs.  However, two minimum daily dis-



charges of only 48 cfs occurred in 1964.  This represents



a total flow of about 31 million gallons per day.  Fort



Wayne's sewage treatment plant effluent amounted to



approximately 22 million gallons per day.  It can be



seen, therefore, that the low flow in the river was



mainly the threated effluent.



             The only municipal surface water user in



the Maumee Basin in Indiana is the City of Fort Wayne.



The water is taken from the St. Joseph River at an in-



take in the City of Fort Wayne.  A storage reservoir



is located on the river 13 miles above Fort Wayne



which impounds 500,000,000 gallons.  A river impoundment



at the intake has a capacity of 185,000,000 gallons.



The water treatment at Fort Wayne consists of lime-



soda softening, primary and secondary flocculation



and sedimentation, carbonation, rapid sand filtration,



chlorination, ammoniation, fluoridation and taste and



odor control with chlorine dioxide and activated carbon.



The finished water is of excellent quality.



             Industrial development is concentrated in



the Fort Wayne area although the Garrett-Auburn-Waterloo-

-------
                                                       556



                  Perry E. Miller



Butler area north of Fort Wayne has several industrial



plants.








BASIN STUDIES



St. Joseph River



             The St. Joseph River originates in Hills-



dale County, Michigan and flows southwesterly across



Ohio and enters Indiana about mile point 41.0 above its



confluence with the St. Marys River at Fort Wayne.  At



this point the drainage area is about 615 square miles.



According to the U. S. Geological Survey the average



daily discharge here is about 548 cfs, but the minimum



seven-day average is 18.6 cfs.



             Surveys of the river conducted in 1964-65



by the personnel of the Public Health Service at a



point one-half mile east of the Ohio-Indiana state line



indicate the following results:

-------
                                                                                                  557
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 pi   m
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-------
                                                       558

                  Perry E. Miller

             This shows that the river is carrying some

wastes at the state line.  The data from which the

above summary was made are in Appendix II.

             Between the state line and Fort Wayne the

river accepts treated domestic wastes with a population

equivalent of 1,700 and an industrial waste load of


3,300 population equivalent.  This information is sum-

marized in Appendices III and IV of this report.


             The quality of the river just before it

enters the Fort Wayne area is shown by the following

summary of the data collected in 1964 by the Indiana

State Board of Health:




      P.O.* % Sat,  BOD*  Cl*  NO,*  P0*   Coli.**
                               "•""*"•  —fL.

High  18.0   187    6.3   35   8.3   4.0    29,000

Low    6.0    53    1.7   10   0.0   0.3      < 100

Ave.  10.3    94    3.3   19   1.7   1.0     3,500




*    mg/1

**   MPN/100 ml.

-------
                                                       559



                  Perry E. Miller



             The data from which this summary was made



are in Appendix V.  These data indicate that the quality



of the water in the St. Joseph River improved in this



stretch of the river.  This water is the raw water for



the City of Fort Wayne.



             The average flow of the St. Joseph River



increases from 548 cfs at the state line to 967 cfs at



its junction with the St. Marys River to form the Maumee



River in Fort Wayne.  The minimum seven-day discharge



increases from 18.6 cfs to 33.9 cfs at the same loca-



tions.  Flow data and statistical analyses of these



flow data are part of Appendix I of this report.








St. Marys River



             The St. Marys River enters Indiana from



Ohio at mile point 42.0.  The river shows pollution at



the state line.  A summary of the water quality 5.5



miles west of the Ohio-Indiana state line collected by



the Public Health Service in 1964-65 gives the follow-



ing results:

-------
                                                                                                 560
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Z I   CO    f-»    CM



 K I   O    O    O
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-------
                                                       561



                  Perry E. Miller



             There are no sources of pollution between



this station and the state line.  The data from which



this summary was made are included in Appendix VI.



             Between this station and the Fort Wayne



area about 780 population equivalent is added to the



waste load of the river.  A chloride load is added to



the river at Decatur from the backwash from the municipal



zeolite water softening plant.



             I might point out here that in the record



yesterday from the Department of Health, Education, and



Welfare, that there was reported an oxygen sag below



Decatur, that Decatur has a secondary treatment plant,



and a survey of this plant in August of 1964 revealed



that the BOD was 13 mg/1, suspended solids 15 mg/1,



and coliform 3,600.



             We consider also that the St. Marys River



below Decatur is an intrastate stream.



             The river had the following parameters of



water quality in 1964 at its entrance in the Fort Wayne



area:

-------
                                                       562



                  Perry £. Miller








      D.O.*  % Sat.  BOD*  Cl*  N03*  Coli.**




High  13.5    180    9.0   125  9.2   320,000



Low    4.0     38    2.4     8  0.0       200



Ave.   8.5     83    4.3    66  2.1    23,000



*   mg/1



**  MPN/100 ml.








             At the entrance into the Fort Wayne area



the quality of the water is better than at the state



line except for the chloride concentration.  These data



are included in Appendix VII.



             The average flow of the river varies from



about 557 cfs near the Ohio state line to 573 cfs



near its junction with the St. Joseph River in Fort



Wayne.  The seven-day minimum flow of 10.9 cfs at the



state line is based on 13 years of record and the flow



of 4.9 cfs at Fort Wayne is based on 29 years of re-



cord.








Maumee River



             The Maumee River begins within the City of



Fort Wayne at the junction of the St. Marys and St.



Joseph Rivers.  The quality of the water entering the



city has been discussed in the previous paragraphs.

-------
                                                       563



                  Perry E. Miller



This point is 136.2 miles from the mouth of the river



at Toledo, Ohio.  About 25 miles of the river is within



the State of Indiana.  The City of Fort Wayne, the



third largest city in Indiana, uses the Maumee to dis-



pose of its waste waters.



             I might mention here that Fort Wayne has



had a river improvement program, whereby they have been



clearing the debris from the river.  They have been



clearing the banks of the river, and providing picnic



areas for the people, and they are trying to beautify



it so that it can be fflore readily used by the public.



             The present population of Fort Wayne is



about 175,000.  Table 1 lists the population figures



of Fort Wayne and the Maumee River Basin in Indiana.








             (Table 1 is as follows:)

-------
                                            564
        TABLE 1

    POPULATION DATA

Maumee Basin in Indiana

         Total
      Population
Population
 in Basin
County
S teuben
DeKalb
Allen
Wells
Adams
Noble












1960 1960
17,
28,
232,
21,
24,
28,

Fort Wayne
Ifiar
1850
1860
1870
1880
1890
1900
1910
1920
1930
184 4
271 27
196 211
220
643 22
162 3
Total 269
. Indiana
,146
,771
,443
500
,893
tOQO
,753

Population*
4,282
9,121
17,718
26,880
35,393
45,115
63,933
86,549
114,946










-------
                                                       565
                  TABLE 1 (Cont'd.)

                 Fort Wavne. Indiana

             Year              Population*

             1940               118,410

             1950               133,607

             1960               161,776

             1964 (Estimate by  174,800
                   Indiana State
                   Board of
                   Health)


*  U. S. Bureau of Census Decennial Census



             The City of Fort Wayne is served by a

combined sewerage system.  Here the City of Fort Wayne

has a routine program of checking all the storm over-

flows within the city three times each week.  While

this is not a continuous checking, it does provide a

reasonable degree of control of the overflow points

in the City of Fort Wayne.

             The average daily sewage flow is about

22,000,000 gallons per day and all the sewage is given

activated sludge-type treatment.  The plant produces

a high quality effluent.  The city at present is

planning sewer extensions in the Harvester Ditch area.

An application for PL-660 funds for this project is

-------
                                                       566



                  Perry E. Miller



pending.  The present plant at Fort Wayne is designed



for a flow of 32,000,000 gallons and has capacity to



treat the additional load.  Allen County is experiencing



rapid development and several small plants owned by



private utilities are now serving the suburban area.



There is one plant of 500,000 gallons daily capacity



which was constructed by a private utility in the Fort



Wayne area to treat the sewage from large areas of



this suburban fringe.  Table 2 gives a summary of the



sewage treatment plant operational reports for the past



two years.



             With the exception of December, 1964, here



1 will only point out that the yearly average for BOD



in the primary effluent was 15.33 mg/1, and suspended



solids was 11.66 mg/1, and for eleven months of 1964,



the average BOD was 15.45 mg/1, and the suspended solids



was 9.8 mg/1.







             (Table 2 is as follows:)

-------
                                      Table 2
           Summary of Fort Wayne Sewage Treatment Plant Operational Reports
                      City of Fort Wayne - Board of Public Works
                                                                                  567

1963
Jan.
Feb.
Mar.
Apr.
May
June
July
Aug.
Sept.
Oct.
Nov.
Dec.
Average
196U
Jan.
Feb.
Mar.
Apr.
May
June
July
Aug.
Sept.
Oct.
Nov.
Dec.
Raw

275
261
192
225
216
232
228
251
250
297
260
280
2U7.25

2U7
282
197
169
261
165
236
257
2U5
300
277

B.O.D.
Final

21
15
13
26
15
1U
9
11
Hi
16
13
17
15.33

22
15
15
16
1U
15
15
18
lit
13
13

%
Removal

92. U
914.2
93.2
88. U
93.1
93.9
96.0
95.6
9h.k
9U.7
95.0
9U.O
93.7U

91.1
9U.7
92. U
91.5
9U.6
90.9
93.6
93.0
9U.3
95.7
95.3

                                             Suspended Solids

                                        Raw     Final     Removal
286
310
352
185
538
U62
ho?
U5
U26
1*87
38U
39U
391.58
299
285
2U1
313
298
151
1VU
162
265
U60
5U6
15
10
16
32
1U
9
6
6
8
7
6
11
11.66
16
10
11
111
10
7
10
12
7
6
5
9U.7
97.0
95.5
82.7
97. U
98.1
96.5
98.5
98.1
98.6
96.U
97.2
96.2
9U.6
96.5
95.li
95.5
96.6
95.5
9U.2
93.U
97.3
98.7
99.1
Flow
Plent
M.G.D.
17.1
20.9
25.5
21.7
21.6
23.8
21.7
19. k
18.5
18.0
17. k
17.8
River
M.G.D.
50
102
2,292
682
228
283
168
99
21
11
36
39
                                                                       20.28     3314.25
18.5
19.2
23.7
30.0
2U.I»
2U.5
22.5
21.6
20.9
19.5
20.1
112
7U
I,li95
2,722
527
2U3
127
72
62
38
U6
 Average  2lil.U5   15.U5     93.37
292.63    9.8
96.07
22.29     501.63
*  196U average of 11 months.

-------
                                                       568



                  Perry E. Miller



             The municipal water plant of Fort Wayne



disposes of lime sludge from water softening operations



by discharging it into the St. Joseph River below the



water plant.  An engineering firm has been employed to



study alternate methods of disposal of this waste.



             With the large flow from the Fort Wayne



plant and contributions by industries in the area,



and the low natural flows in the river, there is a



definite depletion of oxygen in the river immediately



below Fort Wayne.



             The Franke Plating Works, Inc. of Fort Wayne



discharges rinse waters from its electroplating opera-



tions to a Fort Wayne storm sewer which goes directly



to the Maumee River.  Its wastes amount to 117,000 gallons



per day.  The plant's sanitary wastes go to the Fort



Wayne sewer system.



             I might say here that this is the plant that



is responsible for the cyanide that was mentioned yes-



terday.



             We  in Indiana, through the Stream Pollution



Control Board of Indiana, have what we call a cyanide



control regulation which was adopted  in 1953.  This



regulation requires that all concentrated cyanide solu-



tions and compounds be isolated so that there can be no

-------
                                                       569



                  Perry E. Miller



accidental or intentional discharge of these compounds



into a sewer system or watercourse.



             These plants in Fort Wayne do have these



facilities, and this program has been most effective in



preventing the discharge of cyanides to streams from



other than the normal spent waters.



             The International Harvester Company dis-



charges its sanitary sewage and soluble oils to the Fort



Wayne city sewers.  Most of its other industrial wastes



are drained into Harvester Ditch.



             I might say here that these other industrial



wastes are cooling waters.  There are some waters from



a paint spray company, and also the truck bodies before



they are painted.



             Recent analysis of the waste revealed that



it is relatively weak.  The flow is about 300,000 gallons



per day.  This waste will go to the City of Fort Wayne's



sewage treatment plant when the planned interceptor



sewer is completed.



             Zoliner Corporation and Magnavox Company



also contribute small amounts of waste to Harvester



Ditch.  About 30,000 gallons of wash water is drained



into the ditch.  These wastes will go also into the new



interceptor.

-------
                                                       570
                  Perry E. Miller
             The Gladieux Oil Company also discharges
wastes into Harvester Ditch.  About 154,000 gallons per
day of cooling water drain into the ditch after being
given oil removal treatment.  The sanitary sewage is
disposed of through a septic tank and leaching field.
             The Phelps Dodge Corporation manufactures
copper wire and associated products.  Process wastes
are treated in a neutralization pond; however, the
effluent from this lagoon is very poor.  Analysis of
this effluent has shown pH values as low as 2.5 and a
copper content as high as 250 mg/1.
             Flows of this waste have been gauged at
28,000 gallons per day.  The company has retained an
engineer to design a new waste treatment system to
alleviate this pollution.  The company discharges
about 324,000 gallons per day of cooling water to Har-
vester Ditch.  The plant's sanitary wastes are treated
at the Fort Wayne municipal sewage treatment plant.
             The General Plating and Engineering, Inc.,
Fort Wayne, disposes of 38,000 gallons per day of
electroplating wastes into Meyer Road Ditch which is
a small tributary of the Maumee River near Fort Wayne.
Concentrated cyanide wastes are handled by a chemical
disposal firm.  The company has been requested to ini-
tiate remedial action to remove more contaminants from

-------
                                                        571



                   Perry E. Miller



 its wastes.   The new interceptor on  the  Fort Wayne muni-



 cipal sewerage system will service this  plant.



              The Parrot Packing Company, Fort Wayne, dis-



 poses of its packing house wastes  into the Maumee River.



 At present housekeeping practices  such as blood collec-



 tion, paunch manure  recovery and meat scrap recovery are



 used.  Sanitary wastes  are treated in a  septic tank.   The



 Stream Pollution Control Board  held  a hearing on February



11, 1964, regarding the  pollution caused  by this firm.



 The hearing  was continued indefinitely when the company



 volunteered  to connect  to the Fort Wayne sewers.  The



 City of Fort Wayne's new interceptor sewer will collect



 the wastes from this plant and  they  will be treated in



 the Fort Wayne sewage treatment plant.   The waste flow



 is about 96,000 gallons per  day and  the  BOD ranges from



 530 to 2,000 mg/1.   The present quality  of the river in



 this area is shown in Appendix  VIII.



              I might say here,  in  summary of that, that



 of these plants I have  enumerated, International Harves-



 ter, Zollner, Magnavox, General Plating  and Engineering,



 and Parrot Packing Company will connect  to the new Fort



 Wayne interceptor.   The Phelps  Dodge Company is designing



 additional treatment facilities to abate pollution.



              The Town of New Haven,  population 3,396 (1960),

-------
                                                       572



                  Perry E. Miller



is served by a combined sewerage system and the sewage



is given treatment in a trickling filter-type sewage



treatment plant.  About 343,000 gallons per day are



treated.  Plant operation is good.  The plant was de-



signed for a flow of 750,000 gallons per day.



             The B. F. Goodrich Company has a tire plant



below New Haven on the Maumee River.  Sanitary wastes are



treated in an extended aeration-type activated sludge



plant and the flow is about 15,000 gallons per day of



good effluent.  The industrial wastes which amount to



250,000 gallons per day are given treatment in a settling



basin with oil skimming equipment.  Solids are disposed



of by a commercial scavenger.  The discharge to stream



has a BOD of 13.0 mg/1 and an oil content of 8.8 rag/1.



             The water quality of the Maumee River as it



leaves Indiana and enters Ohio is shown by the following



summary of the data collected for the year 1964 at a



station 5.5 miles west of the state line.  Since there



are no known sources of pollution in this reach the water



at the state line should be better than shown in the



table.

-------
                                                                                                          573
*
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-------
                                                       574



                  Perry E. Miller



             The complete data are shown in Appendix IX.



These data indicate that the river has recovered from



an oxygen deficiency below Fort Wayne by the time it



reaches the state line.  The bacterial content, however,



remains rather high.  To document the oxygen recovery



below Fort Wayne, the following summary of data collected



during the past nine months is presented:

-------
                                                                                                             575
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-------
                                                       576



                  Perry E.  Miller



             These data indicate that oxygen levels have



recovered  from the depression caused by the Fort Wayne



loadings and that the BOD is stabilized.  Except for the



nutrient load, it would appear that the water quality of



the waters of the Mauraee Basin is equal to or better than



those entering the state.



             Now to go back to the first page of the re-



port, which is the Summary and Conclusions.







SUMMARY AND CONCLUSIONS



             1.  The waters of the Maumee River when they



leave the State of Indiana are of about as good quality



as presently known economic sewage treatment technology



can provide, but there will be further improvement when



the Parrot Packing Company and several industries in



the Harvester Ditch area are connected to the Fort Wayne



sewage treatment plant.



             2.  All municipalities with sewerage systems



are providing secondary treatment with the exception of



Avilla which has such facilities under construction.



             3.  Sanitary sewage from industrial plants



in the basin is discharged to municipal plants or is



treated at the plant site.  Untreated industrial wastes



which are significant will be connected to the Fort Wayne

-------
                                                       577



                  Perry E. Miller



sewage treatment plant or treated in separate facilities



now being planned.



             4.  The Board's water quality monitoring



program has a sufficient number of stations to determine



the quality of the waters in the Indiana portion of the



basin.  The Board has conducted extensive surveys in



the past three years to augment the regular water quality



monitoring program in the Maumee River Basin.



             5.  The Indiana Stream Pollution Control



Law is adequate to achieve the desired water quality.



             Thank you.



             MR. STEIN:  Thank you.



                  (Applause.)
             (The following are the appendices to the



above report:)

-------
                                                                          578
LOCATION MAE
                   SAMPLING  STATIONS '
                    INDIANA  WATER   QUAIITT  1957-1965
                   PHS SURVEYS  1964-1965
                MM  ISBH  INTENSIVE

                 SURVEYS   1963-64-65
                STREAM  POLLUTION CONTROL BOARD
                      STATE  OF  INDIANA
                                                     MAUMEE RIVER BASIN

                                                          IN INDIANA


                                                          GENERAL MAP

                                                            SCALC W MU.ES

-------
                                                                           579


                                                                     1-1
                              Appendix I
              Low-Flow Characteristics  of  Indiana Streams
                          In the Maunee Basin
     Taken from the "Low-Flow Characteristics of Indiana  Streams,"
published jointly by the United States Geological Survey  and the Indiana
Stream Pollution Control Board in 1962.

-------
Appendix I - continued
                                                                                       580
                                                                                      1-2
                                STREAMS TRIBUTARY TO  LAKE  ERIE

                        4-1780.   St.  Joseph  River  near  Newville,  Ind.

 Location.—Lat 4r23'lO",  Jong 84°48'05",  in Ohio,  in SW£ sec.  18,  T.  5  N.,  R.  1  E.,  on left
    bank 20  ft  downstream  from bridge  on  Ohio State Highway 249  and  3i  miles  northeast of
    Newville.

 Drainage area.—614 sq mi.

 Records used.—Frequency,  1947-58.   Duration, (948-59.

 Average discharqe.—13 years, 548 cfs.

 Extremes in daily discharge.—1946-59:   Maximum, 9,450  cfs Apr. 6,  1950; minimum, 18 cfs
    Sept. 30,  Oct. 1-3, 11,  14, 15,  18,  1953; minimum 7-day average, 18.6 cfs Sept^ 28 to
    Oct. 4,  1953.
                          Magnitude and frequency of annual  low flow
Period
[Consecu-
tive
days)
3
7
15
30
60
120
»83
Lowest average flow, in cubic feet per second, for indicated recurrence
intervals, in years
1.05







1.1
64
67
75
95
158
260
435
1.5
38
40
44
52
74
125
200
2
30
32
35
39
54
88
140
5
21
22
23
25
30
46
74
10
18
19
20
21
23
34
56
20







30







40







50







                                 Pays of duration of discharge
Cfs
18
25
35
48
67
93
130
180
250
Days equaled or
exceeded
Total
99
179
306
327
407
375
301
388
398
350 , 3^5
Accumulated
4,383
4,284
4,105
3,799
3,472
3,065
2,690
2,389
2,001
1,603
Percent
of
Time
100.0
97.7
93.7
86.7
79.2
69.9
61.4
54.5
45,7
36.6
Cfs
490
680
940
1,300
1,800
2,500
3,500
4,900
6,800
9,500
Days equaled or
exceeded
Total
294
225
184
176
175
143
42
14
5

Accumulated
1,258
964
739
555
379
204
61
19
5

Percent
of
Time
28.7
22.0
16.9
12.7
8.6
4.7
1.4
.4
.1
.0

-------
Appendix I - continued
581

 1-3
                               STREAMS TRIBUTARY TO LAKE ERIE

                       4-1820.  St. Mary's River near Fort Wayne, Ind.

Location.—Lat 41*00', long 85°07', in NEi sec. 12, T. 29 N., R. 12 E., on left bank  130 ft
   downstream from highway bridge, 4 miles south of Fort Wayne, and 12 miles upstream from
   confluence with St. Joseph River.

Drainage area.--753 sq r
-------
   Appendix I - continued
 582

I-U
                               STREAMS TRIBUTARY TO LAKE ERIE

                          4-1830.   Maumee River at New Haven, Ind.

Location.—Lat 4l°05',  long 85°OP, in SW£ sec. 1, T.  30 N.,  R.  13  E., in center of span on
   downstream side of county road  bridge, a quarter of a mile upstream from Wabash Railroad
   bridge,  half a mile north of New Haven, and 6 miles downstream from confluence of
   St. Marys and St.  Joseph Rivers.


Drainage area. —1,940 sq mi.
Records used.—Duration, 1957-59.
Average discharge.--3 years, 1,799 cfs.
Extremes in daily discharge.—1946-59:  Maximum, 18,900 cfs Feb. 16, 1950.
      1956-59:  Minimum, 92 cfs Sept. 20, 1959; minimum 7-day average, 100 cfs Oct. 9-15,
   1956.  *


Remarks.--Flow regulated by powerplant above station and slightly  regulated by upstream
   reservoirs.  Discharge was not computed prior to Sept. 1,  1956, when gage  height was
   below 5.0  ft.
                                Days of duration of discharge
Cfs
80
100
120
140
170
200
250
300
350
400
450
500
600
700
800
1,000
1,200
Days equaled or
exceeded
Total
9
26
38
60
50
36
69
57
37
26
32
40
42
44
57
56
47
Accumulated
1,095
1,086
1,060
1,022
962
912
876
807
750
713
687
655
615
573
529
472
416
Percent
of
Time
100.0
99.2
96.8
93.3
87.9
83.3
80.0
73.7
68.5
65.1
62.7
59.8
56.2
52.3
48.3
43.1
38.0
Cfs
1,400
1,700
2,000
2,500
3,000
3,500
4,000
4,500
5,000
6,000
7,000
8,000
10,000
12,000
14,000
17,000
19,000
Days equaled or
exceeded
Total
39
30
44
37
32
39
25
25
30
21
11
11
7
5
10
3

Accumulated
369
330
300
256
219
187
148
123
98
68
47
36
25
18
13
3

Percent
of
Time
33.7
30.1
27.4
23.4
20. .0
17.1
13.5
11, .2
8.9
6.2
4.3
3.3
2.3
1.6
1.2
.3
.0
*  The minimum daily discharge of Ij8 cfs occurred on two days, October 6 and October 13, 196ij,

-------
                                                                                       583
Appendix I - continued
                                                                                    1-5
                               STREAMS TRIBUTARY TO LAKE ERIE

               4-1805.  St. Joseph River near Fort Wayne, Ind. (Discontinued)

Location.—Lat 41e10', long 85*04', in SW£ NW£ SEi sec. 4, T. 31  N., R. 13 E., on right bank
   at upstream side of bridge on Mayhew Road, 3? miles downstream from Cedar Creek, and
   8 miles northeast of Fort Wayne.

Drainage area.—1,060 sq mi.

Records used.—Frequency, 1941-54.  Duration, 1942-55.

Average discharge. —14 years, 96? cfs.

Extremes in daily discharge.—1941-54;  Maximum, 11,900 cfs Apr. 7, 1950; minimum, 27 cfs
   Aug. 21, 1941; minimum 7-day average, 33.9 cfs Aug. 18-24, 1941.

Remarks.—Flow regulated by Cedarville Reservoir beginning Sept. 2, 1954.  This station was
   discontinued Sept. 30, 1955.
                         Magnitude and frequency of annual low flow
Period
(Consecu-
t ive
days)
3
7
15
30
60
120
183
Lowest average flow, in cubic feet per second, for indicated recurrence
intervals, in years
1.05







1.1
123
138
152
200
375
580
860
1.5
86
94
103
118
174
243
360
2
71
77
84
92
128
175
245
5
46
50
55
61
77
100
131
10
36
40
43
50
61
80
104
20







30







40







50







Days of duration of discharge
Cfs


36
48
66
86
120
160
220
300
410
560
Days equaled or
exceeded
Total
18
101
245
513
470
540
385
371
410
377
Accumulated
5,113
5,095
4,994
4,749
4,236
3,766
3,226
2,841
2,470
2,060
Percent
of
Time
100.0
99.6
97.7
92.9
82.8
73.7
63.1
55.6
48.3
40.3
Cfs


760
1,000
1,400
1,900
2,600
3,500
4,800
6,500
8,800
12,000
Days equaled or
exceeded
Total
325
344
228
243
192
173
112
50
16

Accumulated
1,683
1,358
1,014
786
543
351
178
66
16

Percent
of
Time
32.9
26.6
19.8
15.4
10.6
6.9
3.5
1.3
.3
.0

-------
                                                                                       584
Appendix I - continued
                                                                                  1-6
                               STREAMS TRIBUTARY TO LAKE ERIE

                          4-1815.  St. Mary's River at Decatur,  Ind.
Location.— Lat 40°51', long 84°56', in SV/i sec. 27, T. 28 N., R.  14 I., on  right  bank  10  ft
   downstream from bridge on U. S. Highway 27, half a mile north  of city  limits of  Decatur,
   and half a mile upstream from Holthouse ditch.

Drainage area.--615 sq mi.

Records used.—Frequency, 1947-58 and extended to  1931-58 on basis of  relation with
   St. Marys River near Fort Wayne.  Duration, 1948-59.

Average discharge.—13 years, 557 cfs.

Extremes  in daily discharge.—1946-59:   Maximum,  10,600  cfs  Feb.  15,  1950;  minimum, 9.2 cfs
   Sept.  12, 1955; minimum 7-day average 10.9 cfs  Sept.  8-14,  1955.

Remarks.—Flow regulated  by Grand Lake Reservoir.   Slight diversion from  or into  Wabash
   River  and into Miami 6- Erie  Canal.
                         Magnitude and frequency of annual  low flow
Period
[Consecu-
tive
days)
3
7
15
30
60
120
183
Lowest average flow, in cubic feet per second, for indicated recurrence
intervals, in years
1.05
33
36
42
48
91
240
460
1.1
27
30
3k
39
69
150
290
1.5
17
19
21
23
36
6k
no
2
\k
15
17
19
27
46
72
5
9.2
9.9
11
13
17
26
40
10
7.4
7.9
9.0
11
14
20
31
20
6.2
6.6
7.5
9.5
13
17
25
30







40







50







                                 Days  of  duration  of  discharge
Cfs
9.2
13
20
31
47
73
no
170
270
Days equaled or
exceeded
Total
20
195
512
431
372
377
403
407
310
Accumu lated
4,383
4,363
4,168
3,656
3,225
2,853
2,476
2,073
1,666
Percent
of
Time
100.0
99.5
95.1
83.4
73.6
faS.l
56.5
47.3
38.0
Cfs
410
630
970
1,500
2,300
3,600
5,500
8,400
13,000
Days equaled or
exceeded
Total
300
263
290
245
159
71
24
4

Accumulated
1,356
1,056
793
503
258
99
28
4

Percent
of
,_ Time
30.9
24.1
18.1
11.5
5.9
2.3
.6
.1
.0

-------
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                                                       604



                  Perry E. Miller



             MR. STEIN:  Are there any comments or ques-



tions?



                  (No response.)



             MR. STEIN:  You know, Mr. Miller, I agree



with you on the last conclusion, for the purposes of



the conference that the Indiana Stream Pollution Control



Law is adequate to achieve the desired water quality,



but I would not want to leave the impression that it can't



be improved.



             MR. POOLE:  You mean the law or the quality?



             MR. STEIN:  Both.



             MR. POOLE:  Thank you.  Both.



             MR. STEIN:  Are there any questions or com-



ments?



                  (No response.)



             MR. STEIN:  If not, Mr. Miller, I want to



compliment you on certainly a complete and precise report.



Particularly, I would like to express my appreciation,



and I am sure the appreciation of the Federal Government



conferee, for your giving a full and detailed description,



name by name, of municipal and industrial plants and



their effluents, described in terms of quantity and



quality.  I  think that that helps very much, Mr. Miller.



             MR. MILLER:  Thank you, Mr. Chairman.

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                                                       605
             MR. STEIN:  If there are no further comments



or questions, our present plans are to proceed, after a



short recess, with Ohio's presentation until 5:30.



             At this time, we will stand recessed for



ten minutes.



                  (After a short recess.)



             MR. STEIN:  May we reconvene?



             It is now about 3:30.  We expect to run until



5:30.  Ohio will manage its own time, and call the people



who desire to participate.  We would recommend that if,



at any time, you want to finish at or before 5:30, we



would be agreeable.  Just give us the signal.  We are



asking you to try to stay as close to that adjournment



time as possible, because our critical man is the reporter,



and there comes a time when it gets a little difficult for



him to take the transcript.



             With that, Dr. Arnold, would you take over



for Ohio, please?
                                                 GPO 900 • 5» 3

-------