in the  matter of
   Pollution of the Interstate Waters of the
                   VOLUME VI
              St.  Pa.-'.,  /ilrnescta

               February  8, 1964

               Washington, D.C.

               in the matter of
    Pollution of the Interstate Waters  of  the
                   VOLUME VI
               St. Paul, Mirnescua

               February 8, 1966

               Washington, B.C.
                              230 South Dearborn Street
                              Chicago, Illinois  60604

                           VOLUME VI


STATEMENT OF:                                 PAGE

John P. Badalich (Con't)

Demetrius G. Jelatis                          1513

Clarence A. Johannes                          1530

J. L. Porterfield                             1537

Dean K. Johnson                               1541

Warren Bjorklund                              1555

Arlin Albrecht                                1569

George Serbesku                               1578

Mrs. Edith Pellcr                             1581

Closing Statements                            1699

Adjournment                                   1712

Appendum                                      1714

           (No response.)
           MR. SMITH:  Mr.  Thlmsen,  will  you take over on
this, please?
           MR. THIMSEN:  St.  Paul Park:
           "A secondary treatment plant  was constructed
     here In 1955 and enlarged in 1963.   The plant
     consists of a primary  settling  tank, a high-rate
     trickling filter, secondary settling tank,  chlorlna-
     tion contact tank, arid separate sludge digestion
     tank.  It is designed  to treat  sewage and waste at
     the rate of 0.4 mgd  Kith a 5-day BOD of 200 mg/1
     to produce an effluent of kO mg/1."
           MR. SMITH:  Is there a representative here of
Inver Grove Township?
           (No response. )
           MR. THIMSEN:  "A sewage treatment plant to
     serve part of the South Grove Development was
     constructed in 1963.   The plant consists of a
     commlnutor, two extended aeration units, a settling
     tank, a sludge holding tank, and chlorinatlon
     facilities.  The unltB are designed  to provide
     secondary treatment  by the extended  aeration modi-
     fication of the activated sludge process for a
     sewage flow of about 0.03 mgd  with  a 5-day BOD of
     approximately 268 mg/1.   The effluent is discharged


"to a ditch leading to the Mi8*liMppi River,"

      MR. SMITH:  Cottage Grove Township?

      MR. THIMSEN;  "The plant was constructed In

1962 and la designed to provide secondary treatment.

The plant consists of a bar screen, primary settling

tank, aeration tank, secondary settling tank,

chlorinator, and chlorination contact tank, heated

sludge digestion tank and sludge drying beds.  It

was designed to provide treatment by the activated

sludge process for a flow of 0.4 mgd with a 5-day

BOD of about 200 mg/1.  The units are considered
capable of producing an effluent with a 5-day BOD       :
of approximately 20 mg/1."                              I
      "Plans for a second stage addition were           j

approved on May 22, 1963, and construction is

underway.  The changes include a mechanically

cleaned bar screen and chamber, primary settling

tank, aeration tank, secondary settling tank,

chlorination tank, sludge digestion tank and

alterations to the control building.  The proposed

changes will Increase the treatment capacity of the

plant to 0.80 mgd with a 5-day BOD of about 200 mg/1.

The final effluent of the new plant will be approxi-

mately 20 mg/1 of 5-day BOD."

      MR. SMITH:  Hastings?


           MR. THIMSEN:  "The plant was constructed In

     1956 and is designed to provide primary sedimenta-

     tion and chlorlnation.  The plant consists of a

     cutting screen, settling tank, chlorination facili-

     ties, sludge digestion tank, and sludge beds.  It

     is designed to treat 0.6 mgd of sewage and wastes

     with a 5-day BOD of 300 tng/1 to produce an effluent

     of approximately 190 sng/1."

           MR. SMITH:  We would like now to go to the St.

Croix River, which comes in at this point.   I have statement

from both Stlllwater and Bayport which I would like to read.

The first statement is from Banister Engineering Company,

dated February 6, 1964, arid it reads:

           "This firm, as Consulting Engineers for the

     City of Stillwater, have been directed by Mr. L. R.

     Brower, City Clerk, to write this letter as a

     statement by the City of Stillwater concerning its

     sewage treatment facilities.

           "The City of Stillwater has a primary sewage

     treatment plant for which construction started in

     1959 and was completed In 1961.  The project con-

     structed at that time included the sewage treatment

     plant> two large pumping stations and an inter-

     ceptor sewer.  Part of the aewage collection system

     In the City of Stillwatar consists of separate


     "sanitary sewers but a substantial Mount of com-

     bined sewers exist.  Many of theae were constructed

     prior to 1870.

           "All new sewers being constructed are

     separate sanitary sewers.  Consideration is being

     given to a gradual separation of the combined and

     sanitary sewers.

           "The City currently has no definite time

     schedule for providing secondary sewage treatment

     facilities.  However, the present dry weather flows

     tributary to the sewage plant are substantially

     below the dry weather flows for which the sewage

     treatment plant was initially designed."

           MR. STEIN:  Do you have the requirement that they

put in secondary treatment?

           MR. SMITH:  We have no requirements,  '^here is a

policy statement indicating that there will be no new

sewage treatment plants on the St. Croix River without

providing primary and secondary treatment, and that those

providing primary treatment must in the near future provide

secondary treatment.  There is no time schedule.

           MR. STEIN:  You don't have a time schedule?

           MR. SMITH:  No, sir.

           MR. STEIN:  Is your State agency considering

establishing a tine schedule to require the secondary

treatment or not ?
           MR. SMITH:  It certainly has been discussed.

I will have to defer on that question now,

           MR. STEIN;  I Just raised the question.   Thank


           MR. SMITH:  I also have a statement from Banister

Engineering Company with regard to Bayport, and it  reads as


           "This letter constitutes a statement by  the

     Village Council of the Village of Bayport on behalf

     of the Village of Bayport pertaining to sewage

     treatment facilities now provided by the Village

     and proposed to be provided.

           "The Village of Bayport currently has in

     operation a sewage treatment  plant of the activated

     sludge type receiving the sewage and wastes from

     a sanitary sewer collection system, which includes

     the sanitary wastes from the  State Prison.  The

     plant has been adequate, but  because of flows  from

     the State Prison being substantially greater than

     those originally anticipated  the plant has been

     overloaded for the past three or four years.

           "The Village Council recognizes this fact

     and will receive bids on February 24, 1964, for

     the construction of Improved  and enlarged facilities

     "having a capacity anticipated to •>« adequate
     for future conditions for quite a few years.  The
     plant will be of the contact stabilization type
     and the degree of treatment anticipated will be a
     minimum of 90# removal of B.O.D.
           "The Council has directed that we, as Village
     Engineers, make this statement."
           MR. STEIN:  Mr. Smith, I don't know if you want
to answer this, but I think this is beginning to clarify
the policy.
           Presumably, if any of these people come in for
a permit, they would have to provide at least secondary
treatment before you would give them a permit.  Is that so?
           MR. SMITH:  This is correct.  If there are any
new ones, yes.
           MR. STEIN:  Thank you.
           MR. SMITH:  I would like now to go to the
Vermlllion River, and, Mr. Thimsen, would you read the
statement for the Hastings State Hospital?
           MR. THIMSEN:  Yes, Sir.
           "The Hastings State Hospital sewage treatment
     plant was constructed in 1937* with additions in
     19^9.  It is a secondary plant and consists of a
     flow measuring device, bar screen, comnlnutor,
     primary clarlfier, two aerators, chlorlnation unit,

     "heated sludge digester,  and sludge beds.   The plant
     Is designed to treat sewage and laundry wastes by
     the activated sludge process.  The waste flow is
     0.15 mgd and has a 5-day BOD of 3^0 tng/1.   The
     plant is designed to produce an effluent of approxi-
     mately 20 mg/1.  Discussions have recently been
     reported concerning a possible connection of the
     hospital to the Hastings sewer system."
           MR. SMITH:  I would like next to go to the
Cannon River and take Cannon Palls.  Would you read that
one, Mr. Thlmsen?
           MR. THIMSEN:  "Plans and specifications for
     the proposed plant were approved by the Commission
     on October 8, 1963.  The plant will be a secondary
     plant consisting of a primary settling tank, a high-
     rate trickling filter, a secondary settling tank,
     a chlorine contact tank and chlorination equipment,
     sludge digesters, sludge drying beds, and control
     building.  The plant is designed to provide treat-
     ment for sewage and waste at the rate of 0.50 mgd,
     including the malting plant wastes.  The raw 5-day
     BOD of about 360 mg/1 will be reduced to about
     75 mg/1."
           MR. SMITH:  Again going down the Mississippi
River, I would like to call on Mayor Jelatis of Red Wing.

                      D. 0. Jelatis


           MAYOR JELATIS:  Mr. Chairman and conferees:
           My name is Demetrius Q. Jelatis.  I am Mayor of
Red Wing, a downstream community.
           I have a copy of our annual operations report of
our sewage treatment plant for the last  year, 1963, and I
can enter this for the record.  Also, our plant engineer,
Mr. George Williams, is here and can answer any questions    i
regarding a point that may come up.
           I would like to preface my statement by asserting,
first, that nothing I have said in the past or am saying
today should be interpreted as criticism of the motivation
or as implying a lack of devotion on the part of our Water
Pollution Control Commission.  Theirs is a monumental task,
hamstrung, as Dr. Margraves so eloquently described, by a
lack of funds and personnel, as well as inadequacies  n
existing legislation.
           What I have to say is Intended to Indicate, in
no uncertain terms, that we believe all that we are currently
doing and planning is not enough*
           I must apologize in advance for the inevitable

                      D. G. Jelatls

duplication in ray prepared statement of matters that have

already been covered adequately by others.

           Last spring the oil pollution of the Mississippi

following the ice break-up dramatically called to the atten-

tion of the general public a situation that previously

was well known only to an informed minority, namely, that

the Great Mississippi below St. Paul could equally well be

called the "Great Sewer."  While the resulting spectacular

slaughter of some thousands of migrating waterfowl shocked

and disgusted nature lovers all over the country, that

deplorable incident represents only a minor Insult in com-

parison to the continuing day-by-day pollution of this


           To add to the dismal sum of scatological

statistics, I call attention to the documented fact that

roughly two-thirds of the human excrement flushed down the

toilets of this capital city flows nearly unchanged into the

river, which less than fifty miles downstream bathes the

banks and nearby beaches of our City of Red Wing, and becomes

the water playground of thousands of local and transient

users In Lake Pepin and the beautiful Hiawatha Valley area.

The essentially untreated two-thirds of the metropolitan

area sewage comes from an equivalent population of some two

million people.


                      D, Q. Jelatls

           Let us now turn to my downstream community of     j
Red Wing, with a sewage equivalent population of some  wenty
thousand.  The 1963 annual report of our treatment plant     j
discloses that the average treatment level produced an 87    j

percent reduction in BOD, treating about 1.5 million gallons

per day, and reducing an average daily incoming BOD of

2,645 pounds to an effluent of 334 pounds.  This treatment

plant was completed just a few years ago at a capital outlay

of over $2 Billion, nearly $200 per capita of Red Wing's

population.  To sake «y point, I need two additional

pieces of information:  river flow and water quality in the

vicinity of Red Wing.  Lacking exact current figures, I
am using for rough estimation data for 1956 from a Minneapoli

St. Paul Sanitary District report. River flow just above

Red Wing In the winter months was about 7»000 and in the

siumer months 15,000 cubic feet per second, so we can take

a figure of 10,000 as a fair representation.  The same report

shows some 3 to k ppm of dissolved oxygen and 2 ppra BOD,

which may be even worse at the present time.  Combining these

data with our plant operation figures I come to the concluslo

that our effluent adds only l/200th of one ppm to the BOD

and, even more astonishing, that were we to dump all our raw

sewage untreated into the river, it would add l/25th of one

ppm or only 2 percent of the BOD burden in the river which

                      D. G. Jelatis
Red Wing receives from upstream.
           I do not introduce these figures to pride our-
selves on civic virtue.  As a matter of record, Red Wing
was forced into sewage treatment by action of the Water
Pollution Control Commission.  But I do take pride in our
community for setting a good example by voluntarily adding,
at considerable cost, the secondary treatment facilities
providing the treatment level* Just described, and far
exceeding the minimum requirements of the Pollution Control
Commission.  Further, I feel that this record gives ua the
right to demand better treatment from our upstream neighbors.
           We are painfully aware that other factors besides
metropolitan sewage effluents contribute to the degradation
of the Mississippi and must also be considered in a total
effort of stream Improvement.  I merely mention some of the
obvious problems requiring attention;  the cleaning of
barges, with obnoxious wastes pumped out into the river;
the lack of controls and mandatory monitoring on numerous
process water and other effluent lines of manufacturing
,lants which, in many cases, empty unobserved underwater
into the riverj the immense tonnages of topsoil and organic
matter flushed into the river with every rain because of
inadequate water retention resulting from poor soil con-
servation practices.  But even if all of these and similar


                      D. G. Jelatis

problems were miraculously solved, the metropolitan sewage

effluents at present and even proposed future levels would

continue to add an Intolerable and morally unjustifiable

burden on an irreplaceable natural resource.

           It la hard to accept, at a time when we lightly

undertake expensive and technically demanding projects of

space exploration, the conclusion that we lack the technical

and financial resources to clean up the environment which

we have heretofore felt free to exploit and pollute at will.

We pride ourselves on our technological accomplishments

and on our bountiful material goods:  automobiles and super-

highways, telephonest radio and television, and electrical

appliances by the tens and hundreds In even modest homes .

We have cone a long way towards placidly accepting the

supremacy of material and economic over human values.

Imaginative poets often see things more clearly and earlier

than the rest of us, and I am reminded of a sonnet by the

philosopher-poet George Santayana.  He says:

           "My heart rebels against my generation

           Which talks of freedom, yet is slave to riches,

           And, tolling 'neath each day's ignoble burden

               Boasts of the morrow.
           No space for noonday rest or midnight watches,    j


                      D.  Q.  Jelatis
        "No purest Joy of breathing under heaven,
         Wretched themselves, they heap, to make them happy,
             Many posueaslona.   ..."
           If we do not,  at  this late date, make a supreme,
concerted effort to undo  the damage we have already done,
we will all richly deserve Santayana's concluding Indictment
          • • • •
          You multiply distresses, and your children
               Surely will curse you."
           Thank you.

                          RLP  WING  WAGTLTREATMENT PLANT
                            Annual Operation Renort
/'•rerare Flow ,-,-ilJons per dciy   __                               1,544,700
Total t Low :->r year ___ _ _____ "ZTZZZZZZZZZZ _~ZZZZZ~   563,816,000
''veraqe; Sludge gallons per  day                                        5,09b
f >t a ' -Sludge for year _____ ZZZZZZZZZZZZZZZ     1> 8GO >°°°
Aver ve Cubic Feet per day  of Grit and  Screenings                       12.5
Tot 3l Grit and Screenings for year                                    4,550
Vypjvape n.O.D. of Influent  P. r.^_ZZZZZZZZZ_ZZZZ_~_ZZ"Z~_           20b
•"v-r^e B.O.D. of Effluent  P.P.'-'. ______________            26
'"ri7e Pounds of 3.0.0. per day Influent                             2,645
Averse Pounds of R.O.D. per day Effluent" ~ ~ ~ ~ ~ ~ ~ ~ ~           334
";ibic feet of- Sludge Gas used for Heat  ___________     3,752,680
"ubic feet of Sludpe Gas wasted                                     985,470
Ton I Gallons Fuel Oil used  __ ZZZZZZZZZZZZZZ         3,360
    The Impeller and Shaft Sleeve  had  to  he  replaced in one pump at the lift
Vt itlon.  ThiTi was due to pumpirnT  grit  which was  bein^ carried through the crit
•r.nnnel at when no operator  was  on  duty to  run the grit collectors.  Time
-locks were installed on the collectors to run them at regular intervals.

    The city water line going  into the  r ift  Station froze during a long cold
".r>ell in January.  A tap in the  Lift Station is left dripping during cold
weather nov; to keen this from  happening again,


                      D.  G.  Jelatis

           MR. STEIN:  Thank you,  Mayor.   That io a very

excellent statement covering the gamut,  from the depth of

the sewers right up to the highest heavenly-llke poetry.
           Are there any comments  or questions?

           MR. SMITH:  Yes.

           MR. STEIN:  Mayor, would you  wait Just a moment,


           MAYOR JELATIS:  Surely.                           :

           MR. SMITH:  I think too frequently we refer to

the BOD removal, and from that deduct that the remainder     ;

of the material is equivalent to raw, untreated sewage, as   \
the Mayor states.                                            j

           Now, most of us know this is  not quite correct.   '

We are removing 33 percent,  or a third of the biochemical    [
oxygen demand, but we are removing a much higher percentage  |
of the solid material and the floatable  material, so that    j
the discharge to the river certainly is  in better condition  j

than a two-thirds flow of raw sewage.                        \

           Would you agree,  Mayor?

           MAYOR JELATIS:  I would agree to that, but what

you are doing, of course, is removing the objectionable      ;
floating solids largely.                                     >
           MR. SMITH:  Removing a greater percentage than    '       ^

a third of these materials,  and we are removing a third of   ;


                      D. G. Jelatie

the total biochemical oxygen demand.  I am not defending

the removal of only a third.

           MAYOR JELATIS:  But still the point I made was

that for a community to be asked to do a thorough Job of

sewage treatment when the BOD in the river flowing besides

them represents a much larger equivalent population than

the raw sewage that they are putting in, is quite a lot to

demand of taxpayers.

           MR. SMITH:  Of course, you were discharging a

very small percentage when the sewage was raw too.

           MAYOR JELATIS:  That is right.  That is the ;joint

I made.                                                      j
           MR. SMITH:  The Chairman commented on the tolerancje

of the Commission.  We might point out that the first sewers

were constructed in Red Wing 85 years before the sewage

treatment plant was constructed.

           MAYOR JELATIS:  I am not bragging about our past


           (Laughter. )

           MR. STEIN:  That is not tolerance; that Is for-


           All right.  Are there any other comments or
questions?                                                   !
           You know, there may be a couple of places where   i

                      D. Q. Jelatis
I think we might be able at least to narrow the gap.   I

recognize your position, an everyone here doei.  It all

depends on your point of view,  which side you are born on.

The downstream community has a  little different view  of this

than some of the others who have talked,  but when you talk

in terms of technological improvement, as far as I have been

able to ascertain here, we don't have the particularly

exotic wastes that are not reasonably amenable to treatment.

           I thoroughly agree with Or. Hargraves that

research must be done, and we have to do  research on  particu-

lar plants, but I think the question here is organisation

and money, rather than dealing  with a waste that no one knows

how to get rid of.

           The other point I want to mention is a very, very

hard one.  I know what you are  talking about when you talk

about all of these pipes.  Again, we recognize the resources,

as has been graphically put out by Dr. Hargraves.  The hard

Job in waste treatment is finding every one of these  outlets,

and this Job can only be undertaken by painstaking survey

and going up and down the banks of the stream, and trying

to find the temperature differences and where these sub-

merged outlets are.

           Even in a city as well mapped  as Chicago,  when

we went on our diversion  case, of which Mr. Poston was in

                                                     1523    ;
                      P. G, Jelafcl*
charge, when we went on that nain aaoitsry canal going down  <
right through the heart of Chicago, J inlnk we found
1,200 outleta which were not listed.
           Again, I don't think that you can expect people
who have the day-to-day operations of a busy State program,
running around on fish kills, oil spills, trying to review
plans and specifications, to get the crew out there that
has the tine, the equipment, the inclination, the energy
and the money to locate all these spots.  Again, this la an
area where, if you have any doubts about then, I am sure
it will be clarified if you do that study.
           MAYOR JELATIS:  I thoroughly understand that
position and, as I mentioned, I understand that they do not
have the resources and the personnel.
           This is perhaps one of the most urgently needed
things that has to be done in this area.
           MR. STEIN:  Thank you, Mayor.
           MR. WILSON:  Mr. Chairman, I know I can assure
everybody that the Commission and all concerned have very
much appreciated Mayor Jelatis' tolerant and fair-minded
attitude throughout all the negotiations that have been had
with the Village of Red Wing, and his own leadership in
producing the admirable results that they have achieved in
their sewage treatment plant.

                      D. G. Jelatis
           However, I just wanted to ask the Mayor the

same question that I asked Mr.  Krauss a while ago, and that

is if he remembers the Mississippi River before the Twin

Cities plant was constructed?

           MAYOR JELATIS:  No.   I have to admit I an just a

foreigner.  I just came into Red Wing In 1945.

           MR. WILSON:  But you would agree with Mr. Krauss,

I assume, that the conditions were very much improved after

that, plant and the South St. Paul plant were constructed,

over what they had been when the raw sewage was going down

the stream oefore?

           MAYOR JELATIS:  Yes.  Without any question, from

what 1 have been told by others, I would agree with that.

           DR. HARORAVES:  I think I would Just like to

say, I wish there were more mayors like Mayor Jelatifi, and

I think you ought to appreciate he is a graduate of MIT.

He understands whereof he speaks in many of these problems,

and we have had many conversations together, as we have with

other people around the State.

           Perhaps we should have more good mayors living

downstream who are vocal.

           MR. STEIN:  Really,  Mayor, one thing these people

have done in this profession, as when you talked about your

scatological statistic*, they have done a tremendous Job --


                      D. G. Jelatis

-iimoat better than the people we call undertakers or funeral

directors — In developing euphemisns and antiaeptic

terminology to describe their work.


           MAYOR JELATIS:  Inoffensive language for an

offensive problea.

           MR. STEIN:  Thank you.

           MR. SMITH:  The next cowRinlty downstream,  and

the last one in this order, is Lake City.  Mr.  Thimsen, will

you present that?

           MR. THIMSEN:  "The sewage plant was  constructed

     in 1934 and provides primary treataent.  The plant

     consists of a primary settling tank, chlorination

     facilities, sludge digestion tank and sludge beds.

     It was designed to treat a sewage and waste flow

     of 0.24 mgd with a 5-day BOD of about 260  mg/1 to

     produce an effluent of about 175 ng/1.

           "Plans for alterations were approved on

     March 21, 1961.  This project consisted  of replace-

     ment of the pumps at the main lift station, nodi-

     ficatlon of the sludge digester, and installation

     of a chlorinator.   The proposed Improvements will

     not increase the capacity of the plant but will help

     to avoid by-passing of sewage, permit better

      'operation, and provide effective disinfection of
     the plant effluent."

           MR. SMITH:  I have two more letters from munici-

palities.  The next one is from the City of Bloomington,

whi< h doea not have a direct discharge to the river, but

discharges through the Minneapolis system to the Minneapolis-

St. Paul Sanitary District.

           This letter la addressed to the Commission, dated

February 5* 1964, and reads:

           "The following is presented as a position

     statement which is requested be entered in the record

     of the January 7, 1964 Conference, under the authority

     of the Water Pollution Control Act.

           "The City of Bloomington, with more than 12

     miles of the Minnesota River as its southern border,

     Is vitally concerned with pollution control on the

     Lower Minnesota River and the Mississippi River, and

     favors the establishment of suitable and reasonable

     standards for river conditions and effluent quality.

           "Quality standards should regulate the use of

     the Rivers rather than establishing outright pro-

     hibition of 'major discharges' of treated or untreated

     wastes in certain sections of the Rivers.  Such a

     prohibition tacitly approves  'minor1 untreated

     wastes (such as combined storm-sanitary sewers and

                                                       1527  <

     "industrial wastes) which can and should be treated.    ;

     It also presupposes that It is better to collect        |

     all of the metropolitan sewage at one point for

     concentrated discharge into the Mississippi River.

           "Advances in sewagt treatment have been sig-

     nificant.   Properly treated effluent would add flow

     to the Minnesota River and would reduce the pollu-

     tion load below the major plant.  UtillEation of the

     rivers as conduits for conveying highly treated

     wastes will save millions of dollars in interceptor

     costs, and unless a much lower degree of treatment

     is intended at the lower plant, there would be no

     major offsetting treatment savings."

           MR.  STEIN:  Thank you.  Do you want to go on?

           MR.  SMITH;  I also have a resolution from the

Village Council of Minnetonka Village.  This is Resolution

No. 587, and it reads:

           "WHEREAS, a thorough and comprehensive study

     has been made relative to the expansion of Sewage

     Works in the Mlnneapolls-St. Paul Metropolitan

     Area, and

           "WHEREAS, such study indicates the feasibility

     of a major Sewage Treatment Plant on the Minnesota

     River - and shows that the cost of interceptor

     sewers and pumping stations to convey from the


"proposed plant site to the existing Mlnneapolls-

St. Paul Sanitary District Sewage Plant exceeds 12

million dollars with stage construction not feasible,


      "WHEREAS, a large portion of the Southwest

Region drains naturally to the Minnesota River, and

      "WHEREAS, no engineering study has concluded

that all sewage from this region should be Tunneled1

through Minneapolis, and

      "WHEREAS, serious sewerage problems exist in

the Southwest Region with no economically feasible

permanent solution except discharge to the Minnesota

River, and

      "WHEREAS, properly spaced treatment plants

with adequately treated effluent could add flow to

the river, allow time for recovery, and not concentrate

sewage effluent at one point, and

      "WHEREAS, several sewage treatment plants have

recently been approved on the lower Minnesota River

by the Minnesota Pollution Control Commission, and

      "WHEREAS, absolute prohibition of additional

treatment plants on the lower Minnesota River

'regardless of the degree of treatment or the

capabilities of the receiving stream' is being

considered by the State Pollution Control Commission;

                                                     1529   :
           "That the Water Pollution Control Commission
     be requested the*- suitable and reasonable standards
     be adopted for river conditions and effluent
     quality from treatment plants located or to be
     located along the banks of the Minnesota River.         j
           "Adopted by the Council this 2?th day of
     January, 196*4.
                      /s/  Al W. lilies, Mayor."
           MR. STEIN:  Thank you.
           MR. SMITH:  Unless there are other municipalities ;
or political subdivisions present, we will now take in
order the industrial waste discharges.
           We would like to start then, Mr. Chairman, with
the Rum River, and we have, in order the Cornelius Manu-    j
facturing Company of Anoka.                                 I
           Is there anyone here representing that company?
           (No response. )
           MR. SMITH:  If not, Mr. Johannes, would you
describe the facility?

                      C.  A.  Johannaa



                 DEPARTMENT OF HEALTH
           MR.  JOHANNES:   Yes,  sir.

           "The Cornelius  Manufacturing Company is

     located on the right  bank  of the Rum River in  Anoka.

     The company is engaged in  the manufacture of soda

     fountain dispensing equipment.   Plant operations

     include plastic molding, painting, and metal plating.

     Wastes consist of cooling  water, paint scrubber

     water, and plating rinse water,  all of which are

     discharged directly to the Rum River without treat-

     ment .   Secondary containment structures have not

     been provided to guard against accidental losses  of

     chemicals  from the plating tanks.   Sanitary sewage

     is reportedly discharged to the municipal sanitary


           MR.  SMITHt  Would you also read the Federal

Cartridge Corporation deacription?

           MR.  JOHANNES:   "This plant is located in

     Anoka  a short distance east of the Rum River.  The

     company manufactures  smokeless powder and ammuriltlon


                      Q. A. Johannes

     "for small arms.  It la reported that sanitary

     sewage and plating rinse water are discharged to

     the municipal sanitary sewer, but a filtrate from

     the manufacture of  nitrocellulose is discharged to

     a storm sewer which drains into the Rum River.

     Relatively high concentrations of copper and zinc

     have been found in samples collected of the flow from

     the sewer outfall at the Rum River.  Secondary

     containment facilities to guard against losses of       j

     the plating solutions have not been provided."          |

           MR. SMITH:  From this point we would start down   j


the Mississippi River, and the first point of discharge would

be the Minneapolis water treatment plant at Pridley.

           Is anyone here representing the Water Treatment


           (No response. )

           MR. SMITH:  Mr. Johannes?

           MR. JOHANNES;  "The plant Is located in

     Pridley a short distance upstream from the Camden

     bridge.   It produces potable water for the City of

     Minneapolis and several suburbs.  Raw water is

     drawn from the Mississippi River.   The plant has a

     reported capacity of 158 ngd of finished water.

     Wastes consist of sand filter backwash water and a

                                                       1532 !
                      0. A.  Johannes                        I

     "lime slurry from the softening process.   The filter

     backwash water is discharged to the Mississippi

     River without treatment, while the lime slurry is

     pumped to a nearby clarification basin.  The super-

     natant overflows to the river at a reported rate of

     about 1.5 mgd,"

           MR. SMITH:  Is there a representative of the

Northern States Power Company present?

           (No response.)

           MR. SMITH:  I have copies, Mr. Chairman, of

their statement.  May I have this incorporated in the


           MR. STEIN:  Without objection, that will be done.

           (The statement of the Northern States Power

Company is as follows:

           Northern States Power Company is a public utility

operating in the States of Minnesota, North Dakota, South

Dakota, and through a subsidiary in Wisconsin, supplying

electricity in 637 communities having a total population

of over 2-^ million people.   Its service area includes the

metropolitan area of St. Paul-Minneapolis suburbs.

           Our company is vitally concerned with the use

of water in the portion of the Mississippi and its tribu-

taries under consideration at this conference.  Of the

                                                      1533  '

total generating capability of our ,-ompany, 1,352,300       ;

kilowatts, or about 75#-, is installed at our Riverside,     :

Black Dog, High Bridge, Wilmarth, Red Wing, Southeast, and  ;
Island Steam-Electric Plants, all of which are located on   \

the Mississippi and Minnesota Rivers,  Our company owns two !

other sites on which we contemplate future construction of  j

^arge steam-electric plants as necessary to meet anticipated ;
increased use of electricity and population growth in our   i

service area.  One, called the R. P.  Pack Plant site, is    ;

at Newport on the east bank of the Mississippi River.  The
other site, called Prairie Island, is located on the west   :

bank upstream from the Red Wing lock and dam.               ;

           Our generation of electricity requires large

quantities of river water for cooling purposes.  Water is   ;
drawn from the river, passed through condensers, and        i

returned to the river basically unchanged, except for a     i

rise in temperature.  This cooling water then mixes with    i
the mainstream of the river and the heat is dissipated to   i

the air.                                                    j

           Our company participated in the extensive        •
oublic hearings held by the Minnesota State Water Pollution J

Control Commission concerning the adoption of classiflca-
tlona and standards for the Mississippi River and tributaries!

from the mouth of the Rum River to Lock and Dam No. 2       i
near Hastings.  As adopted by the Commission on March 28,

                                                      1534  j
196?> provisions in these classifications and standards     ;
regulate the discharge of circulating water from our plants ;

into this portion of the river.

           As a result of such hearings and Commission      |
action, and in order to compile more definite information   I
on the effect of the discharge of circulating water from    |

-,-ur -lanta upon river temperature, our company, in coopera- J

tion with the Commission staff, is conducting a series of   {

,'iver temperature surveys.  The Mississippi River in the

vicinity of our Riverside Steam-Electric Plant at Minneapolis

was chosen as the site for these surveys because there is a

new generating unit presently under construction at that

plant.  This construction affords an opportunity to obtain

data on river temperatures prior to and subsequent to the

operation of the new unit.  In connection with such con-

struction, we filed last summer with the Commission an

application for a permit to discharge cooling water into the

river fron. this new unit at Riverside.  We have also supplie<

data and consulted with the Commission staff in order to    !
assure that this construction meets the standards established

by the Commission.

           In connection with the construction of con-

templated future generating plants on the two sites previous|
ly described, we have consulted and will continue to consult!
witn the Commission staff concerning our water requirements j

                                                       1535 i

and uses and for the purpose of evaluating the design of

the plants.  It la our belief that such discussions and

cooperation at the early design stages will result in our

construction and operation of electric generating plants    ;

which will use water in accordance with established standarda

of the Commission.  This will result in a reasonable and

compatible balance with other long established and legitimate

uses of the river, such as water supply, sewage treatment,

recreation, and various Industrial uses.

            Northern States Power Company IB also cooperating

with the U. S. Public Health Service in its survey of

the Mississippi River by supplying information concerning
the company's operations and facilities.

                      Respectfully submitted,


            /s/       By   A. R. Renquldt

Dated February 5* 1964     Attorney)
                           * *
           MR. STEIN:  I see you have several more to go.

           MR. SMITH:  Y«s, Mr.  Chairman.

           MR. STEIN:  We will take a ten-minute recess and

we will start at four promptly.

           (Whereupon a recess was had. }

           MR. STEIN:  May we reconvene?

           DR. HARQRAVES:  We won't be here all night.

Dr. Barr  Is beginning to worry, and so am I;  so are many

others.  However, since Minnesota has worked long and

diligently in order to get all of this material together

and paint the picture as we feel it is, and since practicall

all of this is in Minnesota, we have wanted to get this

material in the record.

           It is obvious that enough, I think, has been

given, so that you can see some communities and some

Industries are doing a good job, and others are not yet

doing it.  Those that you want to know more about and that

the conferees 'can know more about will be in the transcript,

because we have so arranged it;  but those who have come

here and have been patiently waiting in order to be heard,

we will go through and aee those people who are here and

hear their comments.  Then we will try to close it by turning

it back to the Chairman from the Minnesota delegation,  and

we will complete this in as short a time as possible, because

we have been assured that these things will all be in the

record.  So, Mr. Sroith, if you will carry on and call on

those that you know are definitely here, and if this is

agreeable with the Wisconsin group, then I think we can

terminate this rather quickly.

           MR. SMITH:  A representative of the American

                                                        1537  I
                      J. L. Porterfleld                      j

Crystal Sugar Company at Chaska is present, and I would      ]

like to call on him at this time.


           MR. PORTERFIELD:  Mr. Chairman, conferees, Indies |

and gentlemen:

           My narae is J. L. Porterfleld.  I represent the    j
American Crystal Sugar Company, with offices in Denver,      j
Colorado.  We have a plant in question at this meeting at    \

Chaska, Minnesota.

           Now, Chaska is located adjacent to the Minnesota

River.  As Dr. Hargraves said during today's meeting, I

believe, some of the plants are old.  The Chaska plant was

built in 1906.

           We manufacture beet sugar at our plant.  We

process beets from an area of about 150 miles adjacent to

Chaska.  We process between 200 and 250 tons of beets through!

the year.

           We operate generally from October to January.     j
However, this year we are running into February.             1

           Harvest conditions have a lot to do with some     i
of the problems we have.  If the season is wet, we have a    i

                      J. L. PorterfieId
soil condition that is troublesome.
           During the early part of the year, we definitely
promised the Minnesota Department of Health and the Water
Pollution Department that if funds were available, we would
make changes at our Chaska plant, which we felt certain woulc
considerably reduce the BOD load going into the river.
Those funds have been made available and equipment is on
order.  With the installation of this equipment we will be
able to return the pulp press water back to the system, and
we feel confident that we can reduce our BOD load by about
45 percent.
           Now, as to the colifortn load —
           MR. STEIN:  Sir, I wonder if I might ask there
what would be your BOD load per ton of beets with your new
           MR. PORTERFIELD:  I will give it to you by days.
I think that we will end up this year with about 16,000
pounds per day.
           Now, the reason I hesitate to give you an answer
on BOD per ton of beets is because this year throws all
those figures into a cocked hat due to the qualities of the
           The soil conform we will not be able to do much


                      J. L. Porterfield                     !

           The pathogenic or fecal conform, which we have

in tne past been putting into the Minnesota River, will be  j

hooked onto the Chaeka disposal system this year, so that   j

will be one more item out of the way.

           At the present time we do not know how much

water we are pumping from the river.  We estimate one figure j.

The state Department of Health, by lithium chloride methods,

estimates another figure, which we think is high.  We will

install a meter on our water pumping station this year., so  j


we will know about what we are pumping.   Presently we think!

we are taking out of and putting back into the river about  j

5 million gallons of water a day.

           That is the conclusion of my statement.

           MR. STEIN:  Thank you.

           Are there any questions or comments?

           (No response. )

           MR. STEIN:  Again, I don't want to particularize

any plant that we don't know about, and I certainly don't

know about this one.  As you know, we have had considerable

experience with sugar beet operations.

           MR. PORTERFIELD:  I am well aware of that.

           MR. STEIN:  They are now producing BOD loading

of 3 pounds per ton of beets, and three or four of the

Great Western mills in Nebraska have practically reduced the

                      J.  L.  PorterfieId

BOD loading to the river  to  zero.   On the South Platte Riverj
running through Colorado,  we are engaged on a case like thisj
where sugar beet operations  are much more prevalent than

they appear to be in this  area.
           MR. PORTERPIELD:   That  ia not so.                |
           MR. STEIN:  That  ia not so?  Possibly not so, but!

again I think they are thinking of the same kind of achieve-'
ment.  in other words, this  is a case where we are put to   ]
it, and I think we can get a remarkable reduction.          •

           Off the record.                                  i

           (Discussion off the record.)                     ]
           MR. STEIN:  Thank you.   We will go back to the   \
record now.                                                 j
           Mr. Smith?                                       j
           MR. SMITH:  I would like to call next on a       i

representative of the Upper  Mississippi Waterway Association}

                      D. K. Johnson




           MR. JOHNSON:  Qentlemen, I want to read our

statement, with some interpolations, based on other state-

ments that have been made.

           Then I want to add a comment on a matter that

was discussed yesterday.

           My name is Dean K. Johnson.  I am the Executive

Secretary of the Upper Mississippi Waterway Association.

           The Upper Mississippi Waterway Association is

in its 32nd year of representing industries which ship

commodities to or send commodities from the region of the

Upper Mississippi by water, and of representing the operators

of barges and towboata that carry those commodities.  By

item, two commodities largest in volume are coal upbound

and grain downbound.  In 1963* coal tonnage was 2,866,000

tons, or 28.6 percent of total tonnage; grain tonnage was

2,897,000 tons, or 29.1 percent of total tonnage.   Petroleum

shipments inbound were 2,010,000 tons or 20.3 percent of

total tonnage.

           Over history and to the present, men of commercial

                      D.  K.  Johnson

transportation have known that commerce,  industry and

agriculture thrive where  transportation facilities include

a vigorous water carrier  system.   Thie is for the reason that

there is no cheaper way to move bulk commodities than by

water.  It has followed that here, deep in the North America^

Continent, receivers and  shippers of bulk commodities have

remained competitive in the world markets and the effects

of this have rippled out  in such forms as lower electrical

rates, cheaper heating, and a demand for  our basic farm crop,

But the grain and coal and petroleum businesses are fiercely

competitive, so profit margins are low; and the barge and

towboat business is the remaining system  in which there is

complete freedom of access,  so it too is  fraught with fierce

competition and low profit.

           The circumstance of river navigation relates to

the current discussion of water pollution in this way:

shippers and receivers and carriers sense in suggested

regulation an attitude that we strive to  attain conditions

of absolute water purityj they see efforts at compliance

with regulation so grounded as Involving expense that could

reduce the benefits of water transportation, they feel

attainment of such standards to be impractical or Impossible

and they are skeptical whether ever, even before civiliza-

tion, a river system draining so many and diverse lands had

                      D. K. Johnson

a condition of purity which seems now to be sought.

           If measured against standards of purity tending

to the absolute, waterway transportation will be guilty of

pollution.  Speedy and efficient loading of grain barges

and unloading of coal barges causes a dust that settles in   i

the river; the very small spill of petroleum over the deck of]

an oil barge when washed overboard by a heavy rain will,

by the nature of oil, show up as an alarmingly large patch

on the river's surface.

           On the other hand, a malfunction of a pleasure

boat function will likewise cause the same large patch.

We sense that there is a blame placed on the barge industry

100 percent for the oil, which was remarked upon from time

to time, and about which there was newspaper comment.  I

believe that the reports that were distributed to the members

of the audience here demonstrated the willingness of the

water transportation industry to comply with reasonable

regulations, but they ask that there be concern first.

           The members of the Upper Mississippi Waterway

Association do not ask that governments charged with

responsibility for water purity leave the industries

represented by the Association to be free from control.

But they do ask that there be concern first for what are

the best uses of the rivers and that regulations adopted

                       D. K. Johnson

 accommodate those best uses and be economically subject to

 compliance.  In this vein, the Association applauded the

 Minnesota legislature when its 1963 amendment to the Water

 Pollution Control Act added commerce, trade, industry and

 traffic to the subjects for consideration by the Commission

 when promulgating regulations; the Association Joins with

 the Minnesota Comraisslon in being skeptical whether the

 river system, measured by present-day standards of health,

 can (or even has been) a place for swimming.

            A comment on the petroleum and soybean oil

 catastrophes of last spring:  the Association asks that the pe-

centness and the drama of those Incidents should not cloud

 the fact of the rarity of their occurrence.

            On the subject of the incident Involving petroleums

 and soybean oil last spring, it must be certainly said that

 measured in terms of damage and annoyance, they were

 catastrophic.  For such incidents, there should not be a

 vacuum in the law.  The citizens of Minnesota and Wisconsin j

 are entitled to have a unit of government which can deal

 with such occurrences, but I think you know that such

 dramatic occurrences are very rare, so I urge this:

            Regulations and laws framed to manage rare

 catastrophes ought not to become standards or guidelines

 applicable to water industries or other industries in their

                      D. K. Johnson
day-to-day operation.
           By way of summation, the position of the Upper
Mississippi Waterway Association, by resolution adopted
October 24, 1963, is this:
           The population explosion has properly caused
     public and private concern over the limitation on
     the water resources of the nation and over the
     competition between transportation, industry,
     agriculture and governments for the use and re-
     use of our water resource*.  On the other hand,
     this Association senses among government officials
     charged with legislation and regulation a mood
     to establish standards for water purity at absolute
     and clinical or scientific levels and to bring about
     such standards of purity by prohibiting wastes
     having less than a clinical purity from entering our
     streams and waterways.  Such a view, and such  a
     system of legislation and regulation, would fail to
     recognize that our navigable streams and waterways
     have never been clinically pure and that such
     streams and waterways ar« capable of waste assimila-
     tion and that a proper place In our economy for
     our navigable streams and waterways necessarily
     involves the Inadvertent or the intentional disposals

                                                       15*6 j

                      D.  K.  Johnson                         !

     of wastes which are  less than clinically pure.

           Accordingly, this Association urges industries

     which navigate upon  the waterways or which have

     waterside plant installations to eliminate water-

     way disposal of wastes  where possible and to

     minimize such disposals wherever it is economic;

     on the other hand, this Association likewise urges

     men of government and students of water use that

     they seek an accommodation of public, industrial

     and navigational use and re-use at an optimum

     commensurate with a  policy that the water in the

     waterway need not bo clinically pure if it can

     be reasonably and economically made clinically

     pure when its use in that condition is needed.

           A specific problem remarked upon yesterday  was

the matter of the discharge  into the river off of towboats

of debris and of untreated sewage.

           A reading of the  laws and the regulations that

apply make it appear simply that this should not be  done.

This is clearly an oversiiaplificatlon.  The question for

the barge and towboat operator is "How can we comply?"

           I can give you, somewhat by analogy, what I

understand to be the case with pleasure boats in Minnesota,

which I understand should have had chemical toilets  on board


                      D  K. Johnson

— at least, those that had toilets should have had an

approved chemical toilet on board last summer.  As I under-

star,d the circumstance, it Is that the only toilet subject

to approval by the standards adopted has an expense in

excess of perhaps some of the boats, and has a size such

that it cannot be put on board a pleasure boat.

           The situation for the towboat operator who is
operating up the Ohio, up the Missouri, from New Orleans     j
all the way up the Mississippi, is essentially the same.     ;
What shall he do?  They would like to comply.                :
           The builders of the towboats are In a position    i
to design toilets, but with what shall they comply?  Shall   j
they comply with the standards of Minnesota, or the standards!

of Iowa, or the standards of Louisiana?  It is not, in this  j
situation, simply enough to consider what laws apply.         {
           Now, here in the audience today is Mr. Jack       j

Lambert, who is the President of the Association for which I

speak, and who, for some years, has had a barge operation.

           If the gentlemen who yesterday Inquired about

this circumstance, sewage from the towboat, wish now to

ask him questions, he Is available.  In the alternative, we

would like leave, if you want to press on because of the

time problem, to submit for the record and to the conferees

specific comments on this matter that was discussed so long


                      D. K. Johnson

yesterday.  However, Mr. Lambert is here.

           MR. STEIN:  Do you have any questions or comments'

           MR. SMITH:  I think we should comment on the

marine toilet situation.                                    1

           Mr. Johannes, would you clarify some of those

remarks, or comment on them?

           MR. JOHANNES:  Yes.  The situation, as it stands

today, is that two models of marine toilets have been

accepted by the Commission.  One of these was available for

Installation last January, but the legislature saw fit to

delay the effective date of this Act from the first of

January, 1963* to the first of January, 1965.  However,
at that time it is expected that any pleasure boat owners

will have to comply.

           MR. JOHNSON:  I think the very action of the

legislature points up the problem In the area of the

pleasure boat operator.  It points up also the problem for

the barge operator.

           The simple statement that there must not be

pollution has gone far beyond the technological opportunity

for the barge operator to comply.

           It was not in Minnesota for the pleasure boat

operator simply a matter of forbidding the discharge from    [
the toilets into the lakes and rivers.  It occurs that after j

                      D. K. Johnson

the law was passed in the first instance, there was no way

technologically by which the operator of a pleasure boat

could comply with the law.

           The barge operator is in the same position.

They want to comply.  They move throughout the nation, and

it is the problem of how do they comply technologically

and with what standards do they comply?

           MR. STEINj  Are there any other comments or


           (No response.)

           MR. STEIN:  Thank you.

           MR. JOHNSON:  Thank you.

           May we have Is ave to —

           MR. STEIN:  You asked a specific question.   It

is very difficult for the conferees to get together.   I have

known all but one of the people at this table before.   We

are all pretty much involved in the field.

           At least, speaking for myself, I appreciate

your point of view.  The conferees are going to com* to a

determination.  I think your point of view has been well

and succinctly expressed.

           We would be glad to put your material into  the

record.  If you think that anything happens in the summary

which does violence to your point of view, because we  don't


                      D. K. Johnson

have the point, we would like to have It then.   In other

words, we are not going to delay the conclusions and recom-

mendations because of this, but we will be delighted to hold

the record open.

           Can you get that in in a week?

           MR. JOHNSON:  Yes.

           MR. STEIN:  If you would.

           MR. JOHNSON:  I will do that.

           (The supplemental statement submitted by Mr.

Johnson is as follows:

           During the course of this conference there

has been vigorous criticism of towboat operators whose on-

board toilet facilities deposit human wastes directly into

the river system.  Without disputing that this  conduct is

water pollution of a high degree, this Association suggests

to the conferees that the number of towboats in the waters

of the Mississippi are few and that the pollution from this

source is so slight as to be not measurable in  comparison

with similar pollution from other sources such  as pleasure

craft and municipal sewer discharges.

           However, the real problem to which th«re needs

to be attention la the matter of what the barge operators

should do to prevent this kind of pollution. Some kinds of

chemical toilet facilities are now available for barges.

                                                       1551  '

                      D, K. Johnson

For the owner of an existing towboat, the expense of re-

designing the interior of a boat to accommodate this kind of ;

treatment facility can be very great.  For the purchaser     ,

of a new towboat which can be designed in the first Instance

to accommodate this kind of treatment facility, the expense

is not quite so great,  /^part from this matter of expense,   ;
the nub of the problem la that, during a typical river       \

navigation season, the towboat is likely to be all up and    ]

down the Mississippi River and into the valleys of the Ohio

and the Missouri and on to their tributaries — in other     j

words, throughout the central United States.  It is typical  ;
that, as here at the headwaters of the Mississippi, two      :
States and the Federal Government may exercise concurrent    i
jurisdiction over towboats operating in a navigable stream,  i

A towboat operator who can obtain the funds to accommodate   ;

a treatment facility faces the possibility that, after a     j
substantial expenditure, his facility Bay comply with        <

standards which, for instance, might be adopted by Minnesota j
but not with standards which, for instance, might be         |
adopted by Wisconsin or by the Federal Government; or it     •
may be in compliance with Ohio regulations but not Penn-     ;

sylvania regulations, and so forth.                          ;
           Other subjects about which there were comment     j
were refuse (garbage and burnables) and bilge waters.  The   ;

                      D, K, Johnson
traditional design of towboats used throughout the central
United States has not included the requirement of long-
term storage facilities for garbage and burnables and has
necessarily Involved the regular discharge of waters
accumulated in the bilge areas.  Household size cans are
not satisfactory for the retention of garbage because
garbage collects in an amount beyond that which can be
stored in a sanitary manner between dockings; the same thing
is true of burnables., and Incinerators are not the answer
because of Coast Guard and insurance prohibitions.  The
accumulation of bilge waters is an unavoidable aspect of the
operation of water craft and these bilge waters must be
discharged from time to time before they rise high enough
to damage towboat machinery, but the only present facility
for discharge of bilge waters off the stream exists in
private commercial boat stores which are seldom located close
enough for the regular and complete discharge of all bilge
waters.  A direct discharge of garbage and burnables and
bilge waters into the stream may be illegal under existing
State and Federal statutes and it is known to be offensive
but, absent off-stream aids and uniform and approved
regulations and appliances, towboat operators presently
have little recourse.  A last item mentioned during this
conference was the discharge of liquid products, especially  {

                                                      1553   <
                      D. K. Johnson                          j

petroleum, from barges.  The economic penalty on a carrier

for the loss of the commodity which he carries is severe

and this penalty is a strong deterrent on the intentional

discharge of liquids from a barge; it follows that this

discharge is almost always accidental.  The moat careful

planning and regulation will not avoid the rupture of a

barge on a snag or sandbar which did not exist when the

pilot last passed through the area.  This Association wants

the conferees to know that every possible measure is taken

by its carrier members to prevent the direct discharge of

polluting liquids into navigable streams and that the

occasions of pollutions of streams by such liquids is no

more within the control of water carriers than are such

Incidents as the condemnation of roadways by the rupture

of a truck tank  in an automobile collision or the distribu-

tion of petroleum from a rail tanker in a derailment.

           It is thus the circumstance that the mere pro-

hibition against the discharge of polluting materials from

towboats or barges into a navigable stream will not

accomplish the desired result (unless, of course, the

result of vigorous enforcement should cause towboat operators

to avoid the river involved); instead, the towboat and

barge operators represented by this Association look to the

conferees at this meeting to learn about and contemplate

                      D.  K. Johnson
the waste accumulation problems with which the barge operate^

must deal and to suggest  to him and to government officials

elsewhere on the river system a program both uniform and    ;
economically feasible under which the barge and towboat     j
operators may Join with other interested parties in         i
minimizing pollution of our nation's streams and waterways, j

                          Respectfully submitted

                          Dean K. Johnson

                          Executive Secretary

                          Upper Mississippi Waterway

                         * * *

           MR. STEIN:  Mr.  Smith?

           MR. SMITH:  I  believe representatives of Clear

Water are here and they wish to make a statement.


                      W. BJorklund




           MR. BJORKLUND:  I am Warren BJorklund, Newport,

Minnesota, Vice President of Clear Air Clear Water Unlimited.

           Mr. Chairman, conferees, ladies and gentlemen:

           Clear Air Clear Water Unlimited ia an organizations

of people interested in our water resources and in preventing]

air and water pollution.                                     i
           Our actions are limited only by the financial

help and enthusiasm of the members.  Our major effort is in

the area of encouraging good legislation, reporting Incidents

of pollution to the proper authorities, and educating an

all too indifferent public to the seriousness of our water


           In the seven years of our existence, we have

seen considerable progress -- the installation of sewage

disposal plants, changes in State laws, and a greater concern

by the public for the water pollution problem.  In spite of

this progress, the Mississippi River is more polluted in the

Twin Cities area than it was seven years ago.

           The Twin City Metropolitan Sanitary District


                      W. BJorklund

expansion program, when complete, will no doubt improve the

present condition.  New industrial wastes will offaet this

progress unless proper safeguards are made.  We do not

believe the proposed standard of pollution set  up for this

area is consistent with our moral obligation to help keep

the river as clean as possible for our friends downstream,

I wonder what we In the Twin Cities would say if the same

standard were applied for an industrial area between St.

Cloud and Little Palls.

           I would like to say that though we differ with

the Ideas and actions of the Water Pollution Commission,

Conservation Department, and other State departments on

occasion, we realize that they have their problems, and in

most cases these people are dedicated and are making a most

unselfish contribution for the benefit of the citizens of

Minnesota.  We thank them for their cooperation with our


           As we see it, one of the major problems is lack

of authority to discourage and stop industrial pollution.

By authority, we mean a single department with people and

money enough to enforce the existing laws.  Additional

legislation to discourage pollution is also necessary.  We

would like to cite Instances where serious pollution existed

and no government agency had the legal means, personnel or

                                                     1557    !

                      W. BJorklund                           j

authority to prevent a major disaster.                       i

           The Honeymead Paper Company in Mankato had an     j

accident in December of 1962, where over 2-£ million gallons :

of oil burst from storage tanks.  To state it simply, real   j

efforts were made to recover part of this spillage,  yet      j

thousands of ducks were killed months later by the oil con-  !

tasiinatlon in the Upper Mississippi.  Another spillage

accident at Richards Oil Company in Savage complicated the


           J would like to quote from a letter from  the

Conservation Department to Representative Albertson  as the

result of this disaster:

           "There are several items that should be

     cleared up in regard to the Department of Con-

     servation's authority and duty with regard to these

     two accidents.   First of all, we have authority

     under two laws  to take action when water is being

     polluted.  One  law, Chapter 101.42, Section 17,

     states that it  is unlawful to deposit refuse, saw-

     dust, shavings, oil, tar, or chemicals into the

     waters of this  state providing that it can be shown

     at the time that this material was deposited in

     such quantities as to cause injury or to be detri-

     mental to the propagation of any wild animal found


                      W.  BJorklund

     ''in or upon the waters.   Only when we can prove

     this was detrimental to  wild animals could action

     be taken by this Department.  At the time of the

     discharges there was no  proof that this material was

     affecting wild animal life in the waters."

           How naive can we be?  Here is over a million

gallons of soybean oil, and over a million gallons of

petroleum products dumped into the river, and our conserva-

tion department says that we  have no proof that this materia

la affecting wild and animal  life.

           This letter, incidentally, was written in April

of last year.  Continuing with quoting from his letter:

           "The second point  I wish to make ia that

     there was no money available for this Department

     to engage in clean-up operations of this type.

           "The other law which is in our game and fish

     code is Section 616.163  which forbids the throwing,

     dumping or depositing in any lake, stream, river,

     or any body of public water or on the ice thereof,

     any trash, rubbish, garbage or other litter.  The

     penalty for violation of either of the lews I have

     cited is a misdemeanor.   What we lack, in this

     state, are laws dealing  with the pollution that have
     teeth in them.  The other problem is that we have



                                                        1559 '

                      W. BJorklund

           "so many different agencies of the state and      ;

           federal government dealing with various phases

           of water laws and pollution that there is no

           one single agency that can move in and do a

           job when such a catastrophe as happened last      ;

           winter occurs."                                   \

           This last paragraph I heartily agree with.  These ;

things are really part of the problem, but to think that

the Conservation Department feels that they are helpless to

do anything about the probability of a major duck disaster

I think is just a shame for the State of Minnesota.

           We submit, gentlemen, there is a lack of

authority in a single agency to prevent this from happening

again.  The Rosenmeier Bill will help some, but additional

money and personnel for the department will be needed to

make it effective.

           These spillage accidents received national pub-

licity because of the dramatic duck kill and costly clean-

up operation.  We were told no legal action can be taken

against the companies involved to recover the State's

estimated expenditure of $35*000 for clean-up operations     j

or the value of the ducks destroyed.                         !

           Diverging a minute, the morning paper changed     !

this a little bit in that the Federal Government is taking   i

                        W.  Bjorklund
some action.
           While we talk about this disaster,  other smaller

incidents of oil spillage continue with knowledge of the

Water Pollution Commission,  and nothing can be done to stop

it because we cannot prove damage.  Recently a quantity

of oil was spilled in the Pine Bend area.   This was reported

to the Water Pollution Commission and,  as  far  as we know,

a check was made and the company involved  was, in effect,

told, "Please, fellows, don't do it any more."  The anawer

by the Commission to those making the complaint was, "We

don't have enough proof of pollution damage."   This approach

has led to a continuing increase in pollution  of the

Mississippi River and other State waters.

           I would like to quote Minnesota Statutes Sec.

115.01 - Sub. 5:

           "Pollution means the contamination  of any

     waters of the state so as to create a nuisance, or

     render such waters unclean, or noxious, or impure,

     so as to be actually or potentially harmful or

     detrimental or injurious to public health, safety,

     or welfare, to domestic, commercial,  industrial or

     recreational use, or to livestock, wild animals,

     birds, fish, or other aquatic life."

           To our knowledge, the Water Pollution Commission


                         W. Bjorklufid

has prosecuted only two violators  under this State  law —

one a construction firm fVx Jis^oilhg, -^i  «.-g:fite oil  in  «

roadside  uitch,  and another for  disposing of a small quantity

of oil  in the  river st Pine River,  HinnetJt-ta .  We believe

that if a schedule >;!' ?!;<-..--   -^j* •-*;,<•--, I  i- :   - t. :.-« *•-•*>'•..•  w.ess
each indiviaual wui-i;uiu»* i .i«w ij*s  w.ight be rinoJ $100

or lose his  job b«oa ^b.s WA  . .al.ti'erefce t>; t^Js pivl

problem, we  woula ^uiox.!,/ .,»s^ «aa
                                                      1562  I

                        W.  Bjorklund                        \
fined $50 for littering a highway with a beer can*  but we

can carelessly spill a thousand gallons of oil on the river,

and because nobody proves that a given fish or duck was

affected by this spillage,  no penalty is imposed.  The

"please don't" letters by the Water Pollution Commission,

Department of Health, and Conservation Department,  are not

enough.  Thoughtful punitive legislation will b* helpful.

           I would like to comment briefly on some other

statements made here this afternoon.

           I think this hearing la a great thing.  It is

going to bring out the problem, but I would be very unhappy

if it turned out to be a whitewash and we believed every-

thing that all these people have said here today, and if,

as someone said, "The road to hell is covered with good

intentions."   we don't want that to happen to our problem


           However, I would like to question a comment

by the engineer from South St. Paul on 80 percent of the

solids being removed as an average.  I happen to live in

Newport, and I have seen this many times, where there are

substantial patches of animal fat that are in the river,

particularly during the wintertime.

           This may still only be that 12 percent that they

throw out on this one (particular day, but these things are



                                                     1563   ;

                        W. Bjorklund                        •

happening and it is just a nasty situation.

           You only have to spend a few hours on the river

In the summertime, particularly between St. Paul and the    ,'

Spring Lake area, to find substantial areas covered with oil j


film.                                                       !

           We grant that a lot of this IB necessary.  We are j

never going to have a trout stream, but certainly enough
evidence that carelessness is responsible for a great deal

of tnis has been submitted, so that legislation of some     j


sort should be made to correct these things.                ]

           As others have said today, the pollution problem

is serious.  We have a great resource to protect.  Let us   i


give a clean water heritage to the next generation of

industrialists, sportsmen, and all other people that need


           Thank you for your kind attention.

           MR. STEIN t  Thank you.

           Are there any comments or questions?

           (No response. )

           MR. STEIN:  Thank you very much.

           MR. WILSON:  Mr. Chairman, I just want to call

attention to one point that was brought out  by Mr. BJorklund,

He may be assured that the Commission is most attentive to

all the problems to which he has called attention.  I don't

                        W.  Bjorklund

think that he read carefully all the statements in this      «
preliminary draft for a long-range program.                   j

           I want to call his attention to one in particular/.

where it says:  "Details will be treated in succeeding       =

chapters."  This is merely the preliminary draft for a       j

part of the program which states the background material
and the different operations, 19 different operations, which

the Commission must follow, which included this matter of    ;
dealing with these very oil spill incidents that Mr.         \

Bjorklund called attention to.                               '•

           The Commission has recognized that that is a      i

serious problem that demands attention, but the specific     i
recommendations for legislation or other measures to deal    ;
with that are not included in this draft.   There hasn't been i
time to prepare that, and the Commission has until the first j

of next January to complete this comprehensive plan and      j
program.  A great deal remains to be considered and added    ;
before this final plan is promulgated by the Commission.

           This advance draft was simply issued at this      j

time by the Commission to invite all persons concerned to    i

make their suggestions j and if the Clear Air Clear Water     ,;

or the Upper Mississippi Pollution Control Committee have    '

any suggestions to make, they will be most welcome.          j

           I want to call their attention to this:  In order ;


                                                       1565 ;

                        W. BJorklund
t-; convict a person of a crime, It Is necessary to prove the;
elements of the crime beyond a reasonable doubt.  Also, no  •

matter how bad an oil slick looks, unless you can first

prove the origin of the oil slick, which has been proved    ;

in some of these cases, and also prove that that particular \

oil slick was actually or potentially detrioental to some   :

actual fish or waterfowl or other wildlife in the stream,   i
you fail of securing evidence to prove a conviction.  If    !
you start prosecutions and fail to get convictions for a

laet-- 01 evidence, it weakens your law enforcement program.  '

           Now, if people want a law which will penalize

carelessness, that way be sought from the legislature.  The

legislature has enacted such laws which penalize negligence '
and carelessness.  It has not done so in the case of the    ;
law to which Mr. BJorklund called attention.                j
           That requires definite proof of some sort of a   ',
deliberate act or omission, which resulted in this actual   j

jr potential harm to wildlife.                              j
           So that if more strict penalties are desired on  j
this matter of carelessness, or if the legislature is going i

to punish on assumptions, that has to be written into the
law.                                                        ;
           Whether that kind of a law will be sustained     j
by the courts, remains to be seen.  If the legislature      ',


                        W. BJorklund

attempts to go that far, it la obviously going to create som«

problems, and people who ar« accused and charged with a

crime simply for carelessness are undoubtedly going to con-

test the reasonableness of that type of legislation.

           However, we haven't reached that point yet

because the legislature has not passed that kind of a law

with reference to these oil spills.

           MR. STEIN:  Not in Minnesota.

           MR. WILSON:  Not in Minnesota.  No.  It may have

done so elsewhere.

           MR, BJORKLUND:  Mr. Wilson, our point is that

in our existing legislation we have this phrase, that

pollution means the contamination of any waters of the

State so as to create a nuisance or render such waters

unclean or noxious or impure, so as to be actually or

potentially harmful.

           Now, this to me means that if somebody has

discharged 1,000 gallons of oil into an area, it would seem

to me that our experts in the Conservation Department, our

scientists at the University, somewhere, somehow, somebody

should figure out that what goes in is potentially harmful.
These ducks get killed because the oil gets on them.

           Now, you are the attorney for the Water Pollution

Commission.  In other words, your position is that if


                        W. Bjorklund                        ;

somebody deposits 1,000 gallons of oil In the water, It is

 ~ot potentially harmful.                                    I


           MR. WILSON:  I think, Mr. Bjorklund, you have    [

 jornpletely misunderstood the effect of that statute.        ;


           That statute is the basis of the Water Pollution i

Control Act under whloh the Commission has certain authority!

to issue the abatement orders after the adoption of standards

arrj the holding of hearings.                                '

           That pollution definition is not a penal law.    ;


There is no provision in our law which aays that anybody    •


who commits pollution is guilty of a crime.  That provision !


that you read is the basis of the Water Pollution Control   !

Law, under which the Commission operates by theee measures  i


that, I have told about.                                     I

           When it comes to criminal prosecution, you have  |


to proceed under the other sections of the statute where,   ;

as 1 said, proof of those elements is required beyond a

reasonable doubt.

           Now, if you can persuade the legislature to

adopt more definite criminal laws, well and good.

           But let me call attention to this:  If very

much of the activity of the Water Pollution Control Commis-

sion is required in the enforcement of criminal laws, it

will have to have a police force.  It has no police force.


                        W.  Bjorklund

The Conservation Department has a police force in the person

of game wardens, and they do give a lot of assistance in

these matters of pollution.  However, the Water Pollution

Control Commission has no control over them.

           It has no police force or Inspection force of

Its own, and if there are to be Introduced into the law

definite penal provisions which the Water Pollution Control

Commission has to enforce,  It would be an empty gesture to

put them'in the law without providing a police force that

could operate all over the State, like the game wardens or

like the highway traffic patrol.

           At present, the Water Pollution Commission la

in aoout the same position that the Co»»l88loner of Highways '

would be in with all these severe traffic laws, but no

officers to enforce them.

           MR, BJORKLUND:  Well, I know that thla would be

an extensive debate if I wrestled with Mr. Wilson, so I

will drop my part of it there.

           Thank you very kindly.

           MR. STEIN:  Are ther« any other comuents or


           (No response. )

           MR. STEIN:  If not, Mr, Smith?

           MR. SMITH:  Are the representatives of any other


                        f. f-lbreoht

group or organization present who wish to be heard at this


           MR. ALBRECHT :  1 am from the Upper Mississippi

:'ollutlon Control Committee.

           MR. SMITH:  Will you state your name, please?

           STATEMENT OF ARLIN ALBRECHT, UPPER                |
           MR. ALBRECHT:  My name is Arlin Albrecht.  I am   1

from Red Wing.  I represent the Upper Mississippi Pollution  :
Control Committee.                                           i
           We feel a crime of civilization is being          ;
•ommitted against people who live along the Mississippi      •
uelow Minneapolis -St . Paul, and we are here to protest that
           Our protest is simple:

           The technological means exist to provide a

reasonably clean river downstream from a big metropolitan

Complex, but those means are not presently being employed.

           In other words, the section of Mississippi we

want to use and enjoy ia contaminated and polluted not

because pollution is an inevitable accompaniment of modern

industry and metropolitan growth.


                        A.  Albrecht

           It is contaminated and polluted because of the

human failure of Twin Cities area people -« the human

failure to treat their own  wastes ae they ought to do, as

our scientific know-how permits, as neighborllness and

common decency require.

           The Upper Mississippi Pollution Control Committee

which makes this plea is an organization of individuals who

tive downstream from Mlnneapolis-St. Paul as far as La

Crosse, Wisconsin.

           We are ordinary  citizens, drawn from all walks

of life.  We are drawn together by one common bond -- we

nre revolted that a magnificent river, which could be

reasonably clean and usable, is a mass of pollution Instead, j

           We are all laymen — not biologists or sanitary   I
engineers -- and we can only speak in lay terms.             '

           We do not wish to indulge in propaganda or to
make an emotional outcry against conditions which cannot be

changed if we are to enjoy  the benefits of 20th century-

living in a modern, industrial society.  We want to be

reasonable and restrained.

           But we insist on one principle:  Communities

upriver ought to be willing to make as great an effort ae

we -- to accept as great a  financial sacrifice in taxes

and sewer charges In order to treat their wastes before

                                                       1571  '

                        A. Albrecht

putting them Into the iMlsaissippi River, which we all share  j

in ,-ommon.                                                   i

           In the Mississippi below Minneapolis-St. Paul,

Minnesota  and Wisconsin share together one of the natural
wonders and magnificent playgrounds of the Upper Midwest.    ;

           It la a region marked by distinctive bluffs and

wooded hills, by blue water and secluded bays -- a natural

place for modern man to escape the hectic pace of city

life and absorb the peace and beauty of the great outdoors.

           A mighty river has created this natural beauty

in its meanderings.  And It is a monumental piece of         j

human error that this same river should now carry a constant!

stream of pollution past the places o: beauty it has created^


           It is impossible to calculate the monetary loss   j

that results from pollution.  No one can set a price on      '

the loss to outdoors lovers who witness the corruption of    i

natural beauty.  But we can point specifically to the dis-   !

heartening situations faced by boaters, fishermen, swimmers, >


resort owners, and families in simple search of a pleasant

day's outing.

           The boater abounds along our part of the

Mississippi, and his wants are simple.  But he wants more

than the opportunity to leave a churning brown wake behind

his stern.


                        A. Albreeht

           Most likely, the boater is seeking a restful

place for his family to spend a summer afternoon.  These

pleasant places abound on the river below the Twin Cities.

The sand is there, the privacy is there, and the promise of

a rewarding day is there, so long as nobody goes near the


           For a stretch of river some 25 miles below the

Twin Cities, swimming involves a positive health hazard.

For the squeamish, that mileage could be extended to 40.     ;
           Water skiing; holds the aam« hazards, and playing  i

in the sand below high-water mark is not looked upon with    I

favor by conscientious parents.

           The average boater gets a feeling of absolute     j

frustration when he rounds the bend into an inviting bay

only to find oil slicks on the water's surface or a chemical

scum carried in from the main channel.

           Scores of long-time fishermen have abandoned the

river -- sick to disgust with going home empty-handed or

catching fish that prove inedible because of an oily taste.

           All kinds of visitors come to the Mississippi

to admire the rugged bluffs and peaceful valleys that

rise away from the river.  But they do not admire the fact

that it is impossible to see your hand three inches below

the surface.  Nor do they admire the dirty film that coats


                        A. Albrecht

your hand as It Is withdrawn.

           Uprlver communities, we Insist, ought to make as

great a financial effort to protect our river as we make

to ^rotect the river that people use below us.              ;
           Take Red Wing, Minnesota, where the Upper        :

Mississippi Pollution Control Committee has its headquarters £
           Red Wing, in the years 1960-63, made a capital   ]
Investment (exclusive of Federal and State aid) of          !
$2,011,000 in primary and secondary sewage treatment facili-i

ties that regularly remove 90 percent or more of harmful    I
pollutants.                                                 '

           For a population of 10,528 (i960 Census), Red    \
Wing's capital Investment la $191 per capita.               ;

           The Minneapolis-St. Paul urbanized area (I960    ;

Census) has 1,377,1^3 people.  If the same $191 per capita  i

were Invested, the Twin Cities area would have over $263    ',
million available for sewage treatment.                      >

           It seems to us that every consideration of       ,
Justice and decency demands that the Twin Cities metropolitan

area be willing to spend this much, if necessary, in order  ;
to protect the river we want to enjoy.                      :
           Thank you.                                       •

           MR. STEIN:  Thank you.                           :
           Are there any comments or questions?

                        A, Aibrecht

           MR.  SMITH:  Yes.

           Do you attribute the brown color of the river

 entirely  to  sewage and industrial waste discharges?

           MR.  ALBRECHT:  Certainly not.  The brown color

 of the  river is brought on by  factors that include the

 municipal waste and  industrial waste.  It also Includes soil

 erosion and  various  other factors that we have touched on in

 this  conference.

           MR.  SMITH:  This same statement applies to the

 fact  that you can't  seen your  hand three inches below the

surface  of the water?

           MR.  ALBRECHT:  I suspect it does.  Yes.

           MR.  SMITH::  I didn't get this inference.  You

 referred  to  sewage arid Industrial waste, and I may have

 missed  it, but  I didn't hear any reference to siltation and

 to soil conservation.

           MR.  ALBRECHT:  I think I was speaking in broad

 terms --  in  terms of what we consider to be the primary

 problem — namely, municipal wastes.

           MR.  SMITH:  I think also in your comparison of

 costs and expenditures — I don't want to appear to be

 defending the Twin Cities, but I think in the cost, you
 must  remember that they, in years past, spent funds for
 ,'.onstruction of the  interceptor sewers and a primary treatment


                        A, Albrecht

plant, which is Included in the figure that you gave for

Red Wing.

           MR. ALBRECHT:  Yes, I realize that.

           MR. SMITH:  That Is all.

           MR. STEIN:  Are there any further questions?

           DR. HARGRAVES:  I think some other things ought

to be mentioned regarding the fertility, of course, which

no plant is yet able to take out, and which gives rise to

the algal growth and other things.

           If you follow with any particular interest the
farm ponds and the reservoirs, and the fishing activities    •

in these, the beat lakes are those where you can't see your  i
hand when you submerge it down to the elbow, because of the  i
fertility that is present.  The best fishing is present      I
there.                                                       ]

           I am not saying that this is waste from industry
and ao on.  This is fertility where the farmer throws in     i
the fertility elements and raises these microscopic organisnisj,
so that the fish can feed on them.  This certainly has to    j

be included in the studies that are to be done, as to how

much this opacity or density of the water is due to          i

fertility elements which are actually an aid to fishing.     I

           MR, ALBRECHT:  However, I am sure that you are    j

familiar enough with the clear water lakes, as opposed to


                        A. Albrecht

the river, to feel the difference when you put your hand

in the water.

           DR. HARORAVES:  Oh, yes.  I am not denying what   :
you say.  I am just saying for the record that this ought to j

be part of the study that goes on here, as to the effect of  <

fertility and other things on the fish habitat, because the

best fishing, it shou.ld be pointed out, from farm pond

experience and from reservoir experience, is where the       j

fertility is sufficient to give organic life of this sort    j

that does take it out of the clear water, clear lake type of ;

fishing.                                                     j

           In those areas in the north country we raise      !
five pounds of fish per acre, or thereabouts.  When you get  j

a good fertilized lake,, it can run five or six hundred

pounds per acre, so that this is not all without some

question of good as far as we who like fishing are concerned.,

I think this should be part of the Federal study, that we

ought to know more about these agents.

           MR. ALBRECHT:  Well, I certainly agree with that.

           MR. STEIN:  Are there any other comments?

           MR. MUEGGE:  I have one question.

           MR. STEIN:  Mr. Muegge.

           MR. MUEGGE:  I am going to get over here with

you temporarily.

                        A, Albrecht

           MR. ALBRECHT:  Surely.

           MR. MUEGGE:  In your statement,  you said some-

thing about there being a public health hazard for a        '

distance of 25 milea below the Minneapolis-St. Paul treatment
works, which, for the squeamish extended to 40 miles.        :
           Why would the squeamish people be more susceptible!
to public health hazards?                                   •'

           MR. ALBRECHT:  I think we are getting into  a

question of semantics here.  My meaning was that the river

was not what you might call wholesome,  and  that the

squeamish tend to avoid it, not necessarily that it would be

a health hazard only for the squeamish.

           I am sorry if I didn't make  that clear.

           MR. STEIN:  Are there any other  comments or


           (No response.)

           MR. SMITH:  That is all.

           MR. STEIN:  Thank you,  sir.

           MR. SMITH:  Are there any other  representatives

of groups who wish to make statements?

           MR. STEIN:  Would you identify yourself, please? j

Give us your name and your connection.                       >

                        G. Serbesku


                     LAKE, MINNESOTA
           MR. SERBESKU:  My name is George Serbesku.   I

live on Spring Lake and I represent some of the fafflilles

that live there.

           I didn't intend to speak, but what I would  like

to say is that in or about, oh, September, when this spill

waa going on, I had picked up some ducks — and, naturally,

the one you are talking to is your game warden, so I did.

What came of it?  I was told that by picking up these  oily

ducks that couldn't fly, I am liable for a ticket.  Yet Mr.

Wilson says you have to have the proof.  They wouldn't let

me keep the proof, so how are you going to do anything?

           It Just goes to show that 15 barrels of oil

covered all the backwaters in there and affected somewhere

in the neighborhood of what I had found, seven ducks,  and

friends of mine that found ten, and we were liable for a

ticket because we had picked them up without — they call it

a permit for capture.  That is what the Federal Department

calls it.  I didn't have mine for that period, so I couldn't

keep them and I was breaking the law.

           So,  what  I got  a  plaque  for in March from  the


                        G. Serbesku

Governor for doing In the spring of the year, I get a ticket,
for In September or October.   I am the guy who went to the  i

Governor with these ducks last spring.

           Any questions?

           (Laughter.)                                      !

           MR. MUEOQE:  Spring Lake has been mentioned      i

oefore by commercial fishermen.  Where is it located?       •
           MR. SERBESKU:  Spring Lake is located about --   \

           MR. STEIN:  Why don't you turn to the map?       '
           MR. SERBESKU:  It  Is right here (indicating).    i

Actually, it is about five miles up from Hastings Dam, and  ;

it Is off on the southern side in Dakota County.  The river '

is the dividing line between  Washington and Dakota, and we  ;
are on the south side.  It is approximately five miles      i

long and a mile and a half wide.  Right now, and even in

20 below zero weather, the water is open 10 feet from shore i

from my house, oh, around the rest of the lake for -- well, j
it is about four miles.  That is why it is called the       !
Spring Lake.

           MR. MUEGGE:  Does  it have a connection so that

the river water can get into  it?                            I

           MR. SERBESKU:  Well, it used to be closed off    i
from the river until our Federal Government put in a

dredging system up at the upper end and ruined that, so now j


                        G, Serbeaku

we can't do much fishing there any more.

           We are trying to get it closed.  I have an acre

of ground donated up at the head end of the lake that I

have been trying to get off ray hands.  It was donated to

the State, to the Federal Government -- anyone who wanted

It for a landing or a park or a picnic ground — but nobody

wants to seem to take it off my hands.  I will be paying

taxes on it next year.  It was given to me, but nobody wants


           MR. MUEGGE:  They might put a trailer on It

during the study project.

           MR. SERBESKU:  I was out there yesterday and

looked at it.

           MR. STEIN:  Are there any comments or questions?

           (No response.)

           MR. STEIN:  Thank you very much, sir.

           MR. SMITH:  I have one more.  I believe Mrs.

Edith Peller would like to enter some material into the
           MR. STEIN:  Will you identify yourself first?

           DR. HARGRAVES:  Tell us what you are going to giv


                        E. Peller



           MRS. PELLER:  I am Mrs. Edith Peller from         !


Excelsior, Minnesota, and I am a free-lance writer.          i

           I would like to submit to the conferees this      j


story, "Operation Duck Rescue" and "Path of Pollution        j

Pursued," which was in Audubon Magazine for November 1963,

and which has been introduced into the Congressional Record  i

by Congressman Dlngell with the Federal Water Pollution Act. i
           I wanted to aak a question of the conferees,      \

specifically about the -- not about the criminal proceedings j

or the penal measures that might have been taken with        j

Honeymead and with Richards Oil Company, but before that     j

time.  This question, I think, is pertinent in a study in

terms of future accidents.

           We have been told that the different agencies of

government could not take action at the time this happened,

but they did take some action.

           Now, why does this make a difference?  The

Richards Oil Company had the disaster on December 15th.

In that same month, it was reported by Ernie Boyd, Game

Warden, and on January the 20thf the Minnesota Department

                        E. Peller

of Health men were sent to Richards Oil Company.   Richards

Oil Company was told i;o clean the oil mess up.

           The Honeymead accident happened on January 23rd.

In February, Jerry Laraont, the State Game Warden, reported

it to the Federal -- I am not sure whether it was the

United States Fish and Wildlife Service or the United States

Department of Health.  At any rate, the United States

Department of the Interior release No. 5634 states that the

disposal of the oil by dumping into the river was halted by

the Federal Government.

           So they dumped it onto a farm and it went down

a ravine into the Blue Earth River and everybody forgot

about it.

           DR. HARGRAVES:  Mrs. Peller, I hate to do this,

to this charming lady, who has come up here and left herself

open for questions, and so on, but they are going to close

this up on us in 55 minutes.

           The question you are raising is going to require

a whole lot of legal explanation.  We have almost a volume

written on this, with colored photographs, and we will back

you up in most of the things that you are going to say.

I just don't think we can take this time, if you will forgivt
           MRS. PELLER:;  Surely.


                        E. Pelier

           DR. MARGRAVES;  We will supply you with this

material on the oil spills, the dates we called,  and the

dates we went to the Richards Oil Company.   All of this is

in the records.

           I think Mr.  Wilson attempted to answer the

problems in part from a difference of a criminal  code and

otherwise.   Here is tonight's paper, in which it  says:

           "U.S. files  pollution control complaint and

the Savage  firm is charged with a law violation."

It is already on its way to court.

           MRS. PELIER:  That wasn't my point.

           DR. HARGRAVES:  I know what your point was.

           MRS. PELLER:  My point was before the  ducks


           DR. HARGRAVES:  I understand, but there are a

lot of complications in that.

           MRS. PELLER:  Everybody fell asleep until the

ducks suddenly —

           DR. HARGRAVES:  We didn't fall asleep  because

that was ditched into a lagoon.  It was embanked.  We       j

stopped the city from bulldozing it off the stre«t» into the j

river.                                                      i

           Essentially, all of the things were done that    '

could be done.

                        E. Peller
           I will agree with you perfectly.  The greatest
difficulty was when they firat started, they continued to
break the law, and Suwetiixu^ sLouuet ha we been done at that
time.  I am fully sympathetic with you on that, and L hope
that if it ever happe$ns again we will see -uat uiey are
           MRS. PELLER*.  Thank you.  1 will turn my state-
ment and the attached papers over to the reporter, if I may. ]
           MR. STEIN:  They will be incorporated in the
record.  Thank you.
           (The statements submitted by Mrs. Peller are
as follows:
                          EDITH PELLER
                       Route 7, Box 72.%
                      Excelsior, Minnesota

                  I.  OPERATION DUCK RESCUE
                         EDITH PELLER


                        E. Pelier

                I.  OPERATION DUCK RESCUE

           On Thursday, March 28, 1963, John Serbesku, 16-

year-old son of George and Dorothy Serbesku, saw ducka

covered with oil, struggling and squawking, trying to awlm

thru slimy, oil-coated waters to shore near their home at

Spring Lake, Minnesota.  While his father awore with deep

anger at the pollution of the waters and those responsible

for it, John suggested they try to rescue ducks on the lake

and along the shore and wash them.  So George bought a big

package of soap powder, handed it to his wife, who washed

38 ducks that day in their shed-basement, and that is how

the rescue operation started.

           Today, nine days later, Governor Karl Rolvaag

is spearheading Operation Duck Rescue, coordinating all     i

agencies involved, which Includes the State Department of   j

Conservation, the U. S. Pish & Wildlife Service, the U. S.  J
Army Corps of Engineers, the Minnesota National Guard, the  j

State and Federal Health Departments, the Attorney General's j


office, as well as the Serbeskus1 rescue operations and the j

scores of volunteers.                                        ;

           Oil pollution of waters occurred with the thawing j

of iae first on the Blue Earth River, then the Minnesota    I


                        E. Peller                            ,   A

River.  On Friday, December 15, 1962, a crude oil tank burst ]
at the Richards Oil Company* Savage, Minnesota -- not too    I
rar from where the Minnesota River joins the Mississippi.    •
On February 23* a soybean oil tank burst at the Honeymead

Products Company at Mankato, Minnesota.  The ice held the

oil from spreading.  Then at ice break-up, millions of

gallons of crude and soybean oil flowed into the rivers.

This occurred at the worst possible time, with the ducks

coining up the Mississippi flyway, and geese and swan to

follow.  Although there is still oil in the Minnesota

River along the banks and in pockets, the water flowed

swiftly enough, so that a concentration of oil was not too

evident until it reached the South St. Paul area of the

Mississippi River where it widens and curves, within which

there are several small lakes and islands where the birds

ordinarily drop to rest and feed.  This includes Spring

Lake, River Lake, Baldwin Lake, Moore Lake, Lower Gray

Cloud Island, Gray Cloud Island, North Lake, Sturgeon Lake,

and Red Wing.

           This is one trouble area.  At that time, the

Mississippi River was still frozen at Lake Pepin, another

widening of the Mississippi River.  On Tuesday, April 2nd,

the first barges broke through the ice and Lake Pepin became

a second potential disaster area.  Some 28 miles from Lake


                        E. Peiler

City at Lake Pep Jin Is Weaver, the beginning of the river

bottom areas of the Upper Mississippi River Fish and Wildlife^

Refuge.  This is a favorite resting and feeding area for

migrating birds.  With the opening of Lake Pepin, oil began  ,

to accumulate in pockets nearlng the Weaver bottoms.

           The emergency rescue operation began and is con-
tinuing at the Serbesku home.  I think you will be interested"

to hear how one family set the spark for action of all of th4
governmental agencies.  Dorothy Serbesku did it by working

all day and into the night washing birds, and George, when
he wasn't out with his son on the lake rescuing them, made

his voice felt whenever he could find ears to hear.  This

is an eye-witness account.                                   ;.

           I did not know the family before.   Reading of     i
the disaster, I telephoned the State Conservation Departmenti

and they suggested the Serbeskus could use help, so for the  ;
past four days I have driven 80 miles and worked, washing    !
and feeding birds, listening, talking with State, Federal

and University people trying to see the many problems        j
Involved, and what solutions were possible.                  j

           Neither Mr, or Mrs. Serbesku are members of the   ;
Audubon Society or any conservation group, but their interest]

in conservation of all wildlife is a deep and passionate     J

thing.  They live very simply and are of> very modest means,  i

                                                        1588 '

                         £. Peller                           I


Mrs. Serbesku Is a practical nurse at a nursing home and     '

Mr. Serbesku la a livestock weigher.   Both are on sick leave

because of an autotaobile accident.  They had no adequate

facilities nor finances for rescue work, but I think they

felt someone had to do something, so they did.  Their

dedication and concentration on the Iwnedlate job to be done


is unbelievable.  I have yet to see them take time off to    i

eat during the day.  They look tired, they are tired out,

but the disaster keeps them going.

           Mr. Serbesku is short, stocky, and dynamic.

He has been an angry man, frustrated by the delays in rescued


uut showing much warmth and appreciation as more help pours  I


in.  His wife, Dorothy, is attractive, quiet, soft-spoken    \

and efficient.  She gives the volunteers no orders, but they

find themselves washing and drying birds, while she is

washing birds, preparing fresh water, seeing there are cratesj

filled with straw., and everything organized so work can

proceed as quickly as possible.

           Let me describe the basement shed where we work.

It la old, unpainted and has a dirt floor, mostly mud now.

Every so often, someone widens a ditch In the "floor" for

water to drain off.  There is a washing machine, so hoses

were attached to the faucets which fill an old bathtub in

which the birds are washed.  Then we use a small boiler and


                         E, Peller

a couple of palls filled with rinsing water,   An oil stove  i
supplies the heat.  For hot water, there IB a 20~gailon     j

gas tank, and with this slow and inadequate supply of hot

water, we can still wash 250 or 300 birds a day.  By the    ;

time 1 joined the group, someone had contributed a stock    :

tank.  However, it needed so much water, which cooled off
so rapidly, we finally used it to put the oil-aoaked birds  i

in and transferred them to the bathtub as we could.   No     ;

type of hot air to dry the birds, so we use rags, which     ;

Dorothy then washes and dries every night.   Then we have a

"sick-bay."  This is a washtub in which we put the washed

birds who appear very weak and ill.   "Sick-bay" ia close

to the oil heater and the birds are kept warm with clean

rugs.  Not scientific?  Nothing about this, even the kind

and amount of soap used, has been carefully checked for

safety to birds and for best results.  But no one knows

the scientific way to do it — and up to now, no facilities

have been available.


Thursday, March 28th;

           While Dorothy washed birds, George, covered with

oily mud, carried two bushel baskets of gray oil-covered

                         E. Peller

dead birds to the State Legislature and asked for help,      ;
forcefully.  He said some of the men he talked to objected

to hl» language, but he was careful there were no women

around when he voiced his anger In none too polite terms.

He went to the State Conservation Department and the U. S.

Pish and Wildlife Service.  He called the newspapers and
the TV channels asking them to come and see for themselves   !

and make a plea for volunteers, men, boats, motors and
women to help clean birds, and to get government action on

the pollution of the waters.
Friday, March 29th;                                          i
—'              '  '                                            I
           Kenneth LaBoone, 3cate game warden, came out with i
a canoe and went to work rescuing ducks.  Newsmen and TV     j
men came out.  Neighbors began to help collect and wash      ;
birds.  That day, 172 birds were saved and the next stage    j

began.  The State Conservation Department began trucking     j
them to the Carlos Avery State Game Farm at Forest Lake,     j
Minnesota.  They provided bird cages, straw and gunny sacks. :

At the Game Farm, they were washed again and feeding attempts!
began with a chick scratch mash.  Three soap companies came  .
out and left soap products.  One, Tony Langersfeld, who      i
has A.mway, an organic soap company in Hastings, spent all
afternoon mixing solutions to try to remove the thick gray   >

                                                     1591   •

                         E. Peller

soybean coating which wasn't ooraing off in the washing

operations and did achieve a measure of improvement.        j

Saturday _t March 3Qt n_l

           More help arrived and 300 birds were saved.  The ;

dead birds began to pile up.
Sunday and Monday , March 31&b_ and April 1st ;

           250 to 300 birds saved each day.

Monday, April 1st:

           The Minneapolis and St. Paul newspapers had the

ni;', spread on the disaster.  Forest Lee, supervisor,

Minnesota Game Research Unit, said, "It's impossible to

tell how many ducks and small mammals have been affected,

but I would say eight to ten thousand is a conservative

figure."  The Richards plant at Savage began an oil burning

operation, but thousands of gallons of oil were still lying

in ditches.  150 gallons of emulsifier were ordered by the

Richards firm to be flown from New York to spray the fuel


           John Fletcher, director of the Como Zoo in St.

Paul, s »t up a ''duck laundry" and fenced off an area of

the basement floor to house the ducks.


                         E, Peller

           The new Governor, Karl Rolvaag, held an emergency

evening meeting with State and Federal personnel of agencies

which would be involved in rescue a? d pollution clean-up

efforts.  He requested all information possible by noon the

following day,

Tuesday, A pr11 2nd ;

           The Como Zoo trucks began transporting ducks from

the Serbeskus to the Zoo, where they were re-washed and fed.
In two daye, they took about 500 ducks.   Volunteers came     (

to help the regular staff.

           By tl is time, the rescue crews consisted of about

12 boats and motors, each taking two or three men.  The      ]
State provided six boats, motors and men, U. S. Pish and     s

Wildlife, two men; the rest were volunteer helpers.  Equip-  ]
tnent in the boats were gunny sacks for dead ducks and small  j

animals, and nets for the living.  One man would control the

boat while the others picked the birds out of the water or

along the shores.  Women and men volunteers came to help

wash and dry birds.  More men with retrievers were working

the shore and inland,

           The noon meeting called by Governor Rolvaag

adjourned to view the disaster and about three o'clock,


the Governor and an entourage of State people, TV men,

and newspaper men arrived at the Serbeskua' .  There had been  i

a heavy rainstorm earlier and the parking area at the lake

was a mess of mud and water holes.  The day was gray, cold

and windy.  Photographers were busy taking pictures of the

black oil at the water's edge and the boata coming in with

sacks of dead birds to be emptied in an ever-increasing

pile in front of the shed.  Inside the shed,  the pictures

were a little more hopeful, maybe because everyone working

on live birds felt they were doing something to help.  The   I

Governor and his Committee saw ducks which, after repeated   '
washings, still were so oil-coated their wing feathers       ;
could not be separated.  They moved very little and their    i
beaks sank into the water.  Others, though, swam contentedly <

in the soapy water and resisted attempts to pick them up.

The coots showed the greatest resiliency by pecking aggres-

sively without discrimination at humans and ducks alike.

The Committee stayed to watch and discuss the problems for

two hours, and the Governor promised immediate action.

           That night a warning was issued to residents

of towns on the Mississippi River south of Lake Pepin that

their drinking water supplies may be polluted.  Barges broke

through the ice at Lake Pepin opening a flow  of water and

oil down the Mississippi.  Possible legal action against

the two companies responsible was being considered by the    i


                         E. Peller

Minnesota Water Pollution Control Commission.  Clarence Prout

State Conservation Department Commissioner, was assigned to

coordinate all State activities and to enlist Federal

cooperation when necessary.  A search was on for more

suitable buildings near Hastings, Minnesota, where the

Corps of Engineers could put up portable heating units to

minimize duck fatalities caused by having to transport

bathed wet ducks to permanent quarters.

Wednesday j A pri1 3rd.;_

           Report that 30 of the 300 ducks sent to Como

Zoo  the night before perished.  This ten percent fatality

figure tied in with figures from the Carlos Avery Game

Farm up to the present time.

           Large-scale rescue operations were finally

underway.  Mike Casey, Regional Game Manager for Southeastern)

Minnesota, was assigned to direct the work, setting up his

headquarters in the Serbesku hone and getting a telephone

installed.  Until now, the nearest phone available was three

miles away.  Twenty-five boats and motors and seventy-five

Conservation Department men were to Join the rescuers.

Fourteen thousand dollars was appropriated by the Minnesota

Executive Council, the entire amount available from the

State Calamity Fund.  Then the weather struck the final blow.

                                                      1595   .

                         E. Feller

Temperatures went down to ?3° and snow flurries and ^5-mile

an nour winds all day and night made rescue work by boat too \

hazardous.  Moat of the men and boats were called off, but

hour after hour chilled men, boys, dogs, walked the shores

and inland collecting many dead and 127 live birds, many in

bad condition, stiff with cold and oil.                      :

           That day a biologist at the State Department
suggested we try giving the birds an eye dropper of Karo     >

syrup when washed to restore and sustain energy until moved  ;

to permanent quarters.  So feeding was added to the routine  ';

emergency care.                                              ;

           The Federal people were authorized to use grain,

oats, wheat, barley and corn in backwater areas to attract   ;

migrating birds away from the oil slicks.  However, this     •

has still not been put into effect, fearing that a supply    ;

of food may atract flocks of birds which might otherwise     !

fly over the danger areas.                                   ,

           Federal and State Conservation planes flew over   i
the two other danger areas, Lake Pepin and the Weaver        '•


bottoms.  They saw thousands of ducks and geese and about    ;

1,000 swans.  Accumulations of soybean oil were evident on   '

the Minnesota side of the Mississippi in the form of white   j


patches, but it had not reached the refuge area as yet.       ;

However, there is no question that the oil will be there

boon,   The poasn,

floating log booms

studied oy tfifc  u,

cost one
                          ,m „  »apl *;a

have.   The Nai;i.or*aj. uuai .  u.ut *te- o  -tvntjJU^i'J iif, u log  ooora

above  the three  entr-iiicea  t-o t-r.t:  wee-^fct' bt-t>ti.>u.a .
                                                     ti«e  oil al;
Thursday, April  4Uu

            By mornini;? t/it  '*jlnd olsd down^  i.ue sun shone

and  the twenty-fix-t. iu.dtt> v.'^r-l -   r  :;. brin ;  iu load at'tdi1

load  of dead ducks, t, aver-  anci, wtri.-n couldn't

survive the effects c: oil  and i;t-t iO'/* liv-,,

ducks  were found,  T^eve htre ac  I'ngnta oi  ducks seen, and

it appears that  this  phase  oi I'tb-j-te operaticiis at the.

Serbeskua will wlna up tomui'i-ow,

            Sevent.y--aeve*i t,mn and  officers cf the Minnet-^lct

National Guai^d#  t',>_,,rv.' , ..  .  i «:«,.•».!ibioua vehicles, boatt*.,

trucks, an airplane,  , nej-i.-uptri-   set up headquarter&  at

the  Hastings Armor j t>.- Ao.;at<- f. A: fc.t ..usnulationa and

the  advisability ox b»/;;tls"ii> ut, ':«  A i oat i life,


                         E. Peller

Friday, April 5th;

           In the past twenty-four hours, about eight

hundred dead ducks piled up in front of the shed.  Rescue

operations were almost nil.  Only fifty live ducks were
washed.  Of the 127 ducks saved on Thursday, only 50 survived1

The first mallards were brought in and we wondered whether   I

the mallard and teal migration would continue past this area]
or drop to rest and die.

           This is Operation Duck Rescue for the first nine

days.  The list of birds and animals found, alive and dead,  |
is as yet incomplete.  The original estimate of eight to     !
ten thousand birds destroyed has been reestlmated at ten     j
to twelve thousand.  Of those we have washed, the great      j

majority have been the greater and lesser scaups, the "blue

bills."  One dead loon, our State bird, was picked up on

Monday.  There were horned and pled billed grebes, herring

and ring-billed gulls, ring-necked ducks, bufflehead, ruddy

ducks, common goldeneye, wood ducks, hooded and red -breasted

mergansers, canvas backs, black ducks, mallards, pintails,

blue winged teal, green winged teal and coots.  A great
blue heron appearing more dead than alive, was bathed and

put in "sick-ba;v, , " where he lay with his head curled on his

wings, completely unable to respond to our solicitous

                                                     1598   !

                         E.  Peller

attentions.  The next morning, he was walking the basement  |

floor at the Como Zoo, pecking viciously at his rescuers.   S

There were reports of dead cardinals and chipping sparrows

covered with oil, but none were brought in.                 i


           Of animal life, a deer was seen covered with oil. !

There are many dead beaver and tnuskrats.  Dead fish are found)

on shore.                                                   i

           Today, Friday, the aun shines warm, with the

temperature in the sixties.   There is a gentle breeze

swelling the buds of the swaying trees along the shore.  The

lake is beautiful and empty.  My mind repeats the phrase,

"The lake is beautiful," and the thought continues, "with

promise of spring."  I sit on an overturned boat writing,

knowing that behind me is a pile of dead ducks and dead

beaver.  And knowing the promise of spring is a lie here.

I am appalled by the silence, and I suddenly realize this

has been bothering me since I began washing birds.  At one

time we would have perhaps two hundred birds in the shed,

in cagea, in sick bay, being washed and dried.  There was

never a squawk.  It was as though the birds were on silent

film.  George tells me that at this time every year there

are five thousand ducks on the lake, and their squawking

fills the air day and night.  The rescue operations will    j

continue further down the Mississippi, but spring is doomed i


                         E. P@ller

here.  I wonder w aether we will hear the sound of frogs,     ;

or i. they too are gone.                                     '

           The long thoughts continue.  Minnesota's pollution

;aws are far too wesk.  The maximum punishment for breaking  .

the  law IB $100 fine.  In this crisis, governmental action

was sincere and concerned, but agonizingly slow in getting   :

stwrted.  As I look at the map, it seems as though we        i

mi/sht have prevented this tragedy siasply.  Why didn't we     *

Ice-boom off the Minnesota River and siphon off the ell before

it reached the Mississippi?  Since the Mississippi River is a

national concern, could we mt have a Federal law by which

immediate action could be taken to close up any waterway

entering the Mississippi when pollution on a danger level is :


aiacovered?  Whet might have been a relatively simple        •

operation on the Minnesota River is now so complex and       ;
            difficult that the engineers are still discussin

the problem, and the oil continues to flow down the          !


Mlseissppi.                                                  t

Wednesday, April 10th:

           Today I took a trip by car i'rom my home to

                         E. Peller

Belle Plaine, Minnesota, to see the log booms put up by

the 682nd Engineer Battalion.   My first view of the Minnesota

River was at Chaska, Minnesota, about 26 miles by road from

Belle Plaine, so I was heading towards the pollution area.

The countryside has a quiet, almost forgotten kind of

beauty.   Spring ia not yet here in its lush burst of green-

ness, but the promise can be seen and felt.  The road winds

through craggy ravines and low hills covered with willow

and birch, maple and oak, sumac and dogwood.  The birch

and the willow stand out yellow and gray-green with life

awakening; the oak, the maple, and the sumac bushes still

wear dead reminders of winter.  There are far stretches of

farmland where farmers are plowing the fields a rich

crumbly brown, and around the few, scattered, neat appearing

farm houses, the lawns are green.  The river is visible only

at points where it meets with the road, but it looks more

like a beautiful woodland stream than a river.  It is hard

to believe the river was wide enough in 1861 for Thoreau

to take a trip by steamboat through this area to Redwood

Palls, Minnesota.  The Brewer black birds, the red wing

black birds, the meadow lark, the robin, and the flicker

are heard singing, and the flicker and the meadow lark fly

across the front of my car.

           I stopped in Chaska, Minnesota, and Laurie Echo,


                         £. Peller

my collie, and I clambered down the steep rocky Dank to

Inspect the river.  The water appeared to have an oily

sheen, and the deposits along the rocks were a muddy gray.

»te found the remains of a blackbird and three large fish,

ail stiff with oil.  Prom there, we went to Carver, a tiny

town not far away, and looked at the river here.  It again

looked as though it had a slight film of oil.  We saw no

wildlife, dead or alive, here.

           The next stop waa at Belle Plaine, where the Army 5

tv ;_:ir,eers had just completed blasting part of a hill which

was hindering the centrifugal motion of water pouring in the

aren or the log boom and causing the oil to flow over the

lo.'ts,  I met Major Donald Gregg, Commander of the 682nd

Engineers Battalion, in charge of operations here.  Company

A from Northfield had constructed the boom.  They had

started operations on Friday,  April 5, at Port Snelling,

Minnesota, where the Minnesota River enters the Mississippi.

As indicated in the Appendix,  this was very experimental, so

that even the areas to log boom were not certain.   He worked

out a plan so that the booms were put across in seven places

Of the seven, three yielded accumulations of oil and will

remain.  The oil, both soybean and petroleum, was two

inches thick and as it accumulated, it was raked on shore.

Major Gregg was told it would  disintegrate here.  He


                          E.  Peller                          <      *
 *-.*'ought it would have been better to bury the accumulation,  j
 since if it rains,  it will be washed In the stream again.   j

            Major Gregg and Company A moved to the Belle     !

 Plaine area on Monday, April 8th.  Here the river curves and 1

 widens 30 that the  log boom of 350 feet was angled across a  ;
 fitreton of 200 feet of river.  They made 30-foot poles from  ,

 trees at the banks.  If this plan seems necessary for       ;
some time, these logs will be replaced by cedar logs.   I     }

 ?culd see the water flowing into this area, with gray oil   '
 dli-.ks, which remained in the artificial pool-like concentra-«
 tion.  I had not been aware of the oil stench until I came  ]

 here.  Major Gregg  said there are two other concentrations  ;

 of oil where the river curves at Henderson and at Blakely,  I
 Minnesota, between  Mankato and Belle Plaine.   In the  three  \

 Jays of work here,  they had seen no ducks or eagles.   They  i

 *>ere leaving the area that day to join Company D at Red     j
 Wing on the Mississippi River.  Later, the same day:         j
            Met Bill Mehellch, Game Warden for Carver  County.
 He said that when the oil tank had burst at Honeymead Plant  j
 in Mankato on January 23rd, the company had pushed the thick,!
 jelly-like soybean  oil onto the ice on Blue Earth River, a  !
 tributary flowing into the Minnesota.  He had seen it here  ;

 and said it could then have been picked up by heavy machines j      f
 arid trucked away.  When the ice melted, the oil in Blue     \

                                                      1603   :

                         E. Peiler

Earth River flowed into the Minnesota River.  He and another j
warden went by boat from Mankato to Belle Plaine.  The       i

r j ver was full of a thick ribbon of oil pouring down-        ;

stream.  Since the banks of the river are high this year,    j

the 3il did not get into the fields nor collect too much     :

in pockets.  Because the duck migration had not as yet       :

arrived, he thinks this accounts for the few dead ducks      ;

seer .                                                         ?

           The wild creatures , the beaver and the muskrat,

have oeen moat affected.  The beaver trapping season here    '

is f^om March 2 3rd to May 5th.  The game warden has seen

rjfsver standing on the banks , miserably rubbing their eyes   ;

and enrs, too sick to get, into the water.   Trappers,

frustrated at the beavers not finding their way into the     ;

trnps, have been shooting them, which Is illegal, and are    j

. ';irv, wrought into court.  So an individual who shoots a
tjick beaver must pay the legal consequences, while Honeymead j

and Richards Company, responsiole for the tragedy, as yet    ,
have taken no responsibility nor have been indicted for thetzr

criminal carelessness .   Mr. Mehellch issued tags for 46

trapped beaver, all of whose skins were covered with oil.    ;
           Drove to Shakopee, Minnesota, twenty-six miles


                         E. Peller                           -

     Oelle Plaine, and ten miles before the Minnesota River  •

enters the area of the Richards Oil Company at Savage,       ;

Minnesota.  Here the river looked shiny, but there were no

."tr'n^s of soybean oil visible.  J saw a dead muskrat and

p large fish lying in the water ab the shoreline.

           At *-.he Richards Oil Company in Savage, there      !
were nc oiTicial& around, so I spoke to some of the employees
and got permission to drive into the area.  I was told five  ;

hundred gallons of emulsifier has been dumped into a ditc'..
to dissolve the oil, snd that two hundred more gallons were  •

ordered.  Originally, I had been told by the State Conserve- :

tier, Department that the emulsifier was declared unsuitable. ;
J dt  not know if this is the same, or IT another has been    i

           1 drove along the oil-affected acre,, and it       1

looked like a countryside in hell.  The stench was over-

powering.  This appeared to have been marshy land, now       ;

black from fires and with pools of black oil scattered among ,

the dead grasses.  Tree trunks and lower branches were       j

covered with black deposit, while higher up, a few

branches with green buds made the picture more ghastly.      ;

Flames and smoke were coming from an oil-filled ditch to

my right.  On my left was a ditch about six feet wide into

which the black oil from the fields appeared to be draining.

                                                      1605   '

                         E. Peller

In front of me was an oil truck to which was attached a pipe-*

line which, 1 gathered, was for the purpose of pumping oil

out of the ditch.  It was the lunch hour and no workmen

were about.  Farther on, the ditch was barricaded with logs,;


under which apparently was seeping the water from which much !

of the oil had been removed.  It was no longer black in

color.  At the bank was a drum the size of an oil drum with

a faucet on top.  The name printed on the drum was the

Gamden Oil J.plll Products.  This was apparently the emulsi-  .

Tier poured iti qt this point.   Here the banks of the dlt--h

were silvery gray and the water was fairly clear.  I was

told at the office that the eraulsifier combined with the

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natural resources was continuing.   I drove past the ditch

and stopped to look at the Minnesota River.   In the sunshine,

rainbows of colored petroleum oil appeared in patches

flowing down the river towards the Mississippi.

Friday, April 12th;

           My husband and I had planned some time ago to

celebrate our anniversary weekend with a trip down the

Mississippi to see the spring migration.  Our Joy in bird

watching was hampered by the need to see for ourselves

where concentrations of oil still remained and what methods

were- being used, or planned to be, to correct it.

           At Red Wing, Minnesota, at a ooat marina, the

soybean and petroleum oil lay thick on the water for

several yards out into the river.   It was the worst con-

centration of oil I had seen so far.  As we stopped to

take snapshots, a man called to us to be sure to send the

pictures to the President,  Past the marina, the river ia

controlled by a low concrete wall.  Here the water flowing

swiftly was full of long, stringy patches of gray soybean

oil, as far out as I could see.  Where the water had flowed

over the wall and onto the ground for about three feet, the

surface was sticky enough so that one felt the gluey contact

with every step.


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           Our next stop was at the Armory at Red Wing      1
for information on the log booms.  No officers were in, but j

an enlisted man explained the booms being constructed.  They

were being set up from Red Wing north for about five miles

in the area bordered by the Pralre Islands into North and

Sturgeon Lakes.  The five boons, two of which were completed,

were to be called to No Name, Brewer Lake, Hardy Run, Miley

Run and Jackson Run.  These booms are made of 10" poles,

33' long, staggered and connected together with steel bands.

The purpose of these booms is different from the others.

Instead of collecting oil, they are stretched along the lakes

where the lakes open into the Mississippi.  The purpose is

to keep the oil in the lakes where it is now lying in

pockets and marshy areas.  This oil is thus kept from flowing)

down the Mississippi.

           We were told no oil has been evident in the Lake

Pepin area or beyond.  A» we rode along the Mississippi to   i

the Weaver Bottoms, the river sparkled and thousands of      j


lesser scaup and coots were swimming up the river.  At the   j

weaver Bottoms, there were whistling swan, American egret,   I

cormorants, lesser scaup and coots in shallow marshy land    '

and water, and no »ign of oil.                               j

           We talked by telephone with Donald Gray, Refuge

Manager of the Federal Upper Mississippi River Pish and

                         E.  Peller
Wildlife Refuge.  He had returned from viewing the river b^
air that day and saw good size oil slicks from Lake Pepin
to Lake City.  There was a large number of lesser scaup in
Lake Pepin, but they seemed  to be avoiding the oil slicks.
He had seen a few dried out  strings of soybean oil substance
hanging from trees around Wabasha, but is sure no oil has
come into the refuge.  He had seen one great blue heron,
four gulls, one, a ring-billed in full plumage, all of
which had died of oil pollution.  He offered to take us by
boat the following day to see the four burlap barriers
stretched across the Weaver  Bottom area.
     ^M^ April 13th;
           A beautiful, sunshiny day and a brisk breeze on
the Mississippi.  We apent three hours in an aluminum boat,
moving slowly around the Weaver Bottom area and the river
sloughs, then a fast ride up the Mississippi to Alma,
Wisconsin, through the river locks, and back again.  There
was no sign of oil accumulation anywhere, and the trip was
memorable, first, because the water was clean, and, secondly,
because of the t'alry land of beauty on the river, on the
sloughs, in the river bottoms, with ducks swimming,
startling us by their flight into the air, and the heron
rookery with what seemed to be a hundred heron circling

above us.

           We Inspect^-' • h*  ?   /  MI*,;**;,  -arrlers.   There

was one at t^1* upper C-?TK*  if  V <•• ~  /*r bcttoms,  and  three  alonj;

the side, where they  •;*.\.**-*  •••••   "-^  •'-'-retched  over about a

hundred foot area.  Th« barr,e""»  were constructed of  chicken

wlr« to which burlap baga were attached.  The chicken wire

was supported by rope stretched across the river.   We saw

some branches, leaves, and small  accumulations  of seed pods

which the current had pushed up against the burlap, but

there was no oil on the burlap or accumulated in the  debris.

The barriers appear to be fine as long as the oil doesn't

cone in.  But it is easy to  see how quickly the burlap

would become saturated with  oil,  and sink into  the  water,

permitting the oil to pour into the shallow river bottoms.

A considerable number of the National Guard would need to

be on duty around the clock  to change the burlap, and I

cannot see how that could be accomplished without the oil

getting through during the changing process.
Later That Day

           Back up the river to Spring Lake and a visit

with the Serbeskus.  There are no ducks on the lake, and s

thick soybean oil deposit goes out several feet in depth

along the shore line.  It was good to hear that our  lone


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great blue heron rescued the weak before was atill doing

very well at Como Zoo in St. Paul, Minnesota.
Sunday, April

           To the Carlon Avery State Wildlife Refuge and

Game Farm near Forest Lake, Minnesota, to see the rescued

ducks.  We arrived too late to see the greater munber at

the Onme Farm, but at the Refuge about one hundred and sixty

ducks were sunning outside in a wire enclosure attached to

a barn.  Most of the ducks appeared to be lively, but their

feathers were still stiff with oil.  We were told that

those that had been washed again had died of pneunonia.

Two or three ducks were still dying every day.  Up to the

present tine, about 30 percent of the ducks had perished.

           Here my Journey end*.  But death} unnecessary

death will continue.  1 see the wood duck in flight and I

wonder if they have nested in a tree by the water's edge,

and when the babies are ready for their fir»c swia, they

will follow their Bother to the a?.'mv shore and struggle and

die.  I wonder how many of our shrinking population of bald

eagles will drop from the sky to pick up an oil-soaked fish

or duck and die of this »eal.    ; o:;--, u;; the warm weather

comes, that along the six or sr v«j  hundred snilee of shore-

line of river and lake affectedj »*•-:'  r &t;ench arises from

                         E. Peller
the oil pollution and the wildlife decay, that men and women
and children will recoil in horror from the stink In their
nostrils, and stinging in their eyes, and the poisonous
taste of the waters, so that all their sense will know the
meaning of water pollution.  Then, perhaps, they will insist
that proper measures be taken now, and that laws, both
Federal and State, be strong enough to halt pollution at its


           There is no doubt in ray mind about the criminal
negligence of the companies Involved.  Theirs was the
Initial responsibility.  But from the time the first tank
burst on December 15, 1962, until the ice broke in March,
1963, the law enforcement agencies involved closed their
collective eyes and failed to take corrective measures.
If our Minnesota pollution laws are weak and provide only
a $100 penalty, why did not the State Conservation Department
realize measures would have to be taken and start coordinat-
ing the Army, the Health Departments and the Attorney
General*s office so that the oil could be taken off the
frozen ice?  If the oil had drained into the Minnesota
River through springs, then boon* could be ready and dl

                         E.  Peller
siphoned out when the ice broke and before the oil reached
the Mississippi.  Why has the U. S. Pish and Wildlife Service
assumed this is only a State problem?  They were represented
at only one conference called by the Governor on April 1,
1963.  I was told no one from their offices in Washington,
D. C., has been here to see  the problem.  Are they so busy
acquiring w«t lands and bringing poachers into court that
they cannot be bothered?  When I have questioned top
officials of both the State  Conservation Department and the
U. S. Fish and Wildlife in this area, the answers are
evasive and liberally dispersed with "I don't know."  I was
asked by one official if I was preparing a "white paper."
What are they afraid of?  Are their positions so tenuous?
Are they fearful of "big business"?  Have they been told
that if the State government is tough on business, we will
get no new industries from outside the State and that our
own will leave?  I do not like to place guilt and
irresponsibility on agencies for which I have had great
respect.  I know they have done and are doing a fine Job
in their research, their refuges, their dedication to
specific projects, and the training, caliber, and personal
Integrity of their personnel.  But this, I feel, after
three weeks of investigation, that the problem of oil
pollution was improperly handled and is still not corrected;

                         E. Peller

that top official! are uncomfortable about discussing it;

and that I do not know the reason behind It.

           Lincoln observed, "The sin of silence when they

should be heard makes cowards out of men."
                          » * *

           Since so much of the Information given out by the

newspapers on the oil pollution problem has been garbled,

and in order to see the day-by-day developments more

clearly, here are some of the facts, re-checked as to


Date Oil Tanks Burst:
December 15, 1962        Richards Oil Company, Savage,


January 23, 1963         Honeymead Food Products Coapany,

                             Mankato, Minnesota


                         E. Peller

Report of Oil Piled Up On Ice to U. S. Fish and Wildlife

Service and to State Conaervatlon Department

December 1962            by Game Warden Ernie Boyd           !

February 1963            bY Gterry Lieaandt, State Game Warden1,

                             Mlnnetonka Game Refuge

January 20, 1963

           Minnesota Department of Health men sent to Savage

Plant and ordered them to control flow of oil.
February 1963

           Federal Government stopped dumping into Blue

Earth River.  Oil dumped on farmers' land nearby.  (Depart-

ment of Interior, News Release 563*1.)

March 28 - April 5, 1963

           Operation Duck Rescue at Serbesku's at Spring

Lake, Minnesota.

April 5-6-7* 1963

           682 Engineers Battalion set seven log boons

at Ft. Snelling where Minnesota River flows into Mississippi.

Four collected no oil, dismantled.  Others, accumulations

two Inches thick, raked out.


                         E. Peller

April 6 and 7, 1963

           Pour burlap and chicken wire barriers set up

by firmy Engineer above Red Wing and at Weaver River Bottoms


April 8-9-10, 1963

           Army Engineers moved onto Minnesota River and

set up log booms at Belle Plaine, Minnesota.  Accumulation

less here, other accumulations of oil seen at Henderson, .

Blakely and Spvage.

April 11, 1963

           682 Engineers Battalion Joined National Guard

at Red Wing, Minnesota, to help in completing the five log

booms set up along lakes bordering Mississippi five miles

north of Red Wing.  Writer saw oil still flowing from

Richards Oil Company into Minnesota River.

April 13, 1963

           Writer saw thick accumulation of oil along shores

at Red Wing, Minnesota, and at Spring Lake, Minnesota.

April 14, 1963

           Of the fifteen hundred ducks washed, it was

                         E. Peller
estimated that between thirty and fifty percent had died
or were dying.
           Governor's conference with U, S. Public Health
officials and tentative plan to spray polluted areas with
an absorbent powder to combine with soybean oil to make
it settle to bottom of lake.  Experimental area, Spring Lake

April 15, 1963
           Wind too strong, experiment delayed.
April 16, 1963
           Governor believes work of National Guard complete*}.
Further efforts will bo made with Public Health and Con-
servation people.

Minnesota River
     Prom Mankato to Belle Plaine
     Belle Plaine to Savage
     Savage to Ft. Snelling
Mississippi River
     Prom Ft. Snelling to Hastings
     Hastings to Red Wing
     Red Wing to Weaver
River Miles

                         E. Peller
     Past Weaver - no one knows how far and when.
Lower Gray Cloud Island

Grey Cloud Island

Spring Lake

River Lake

Baldwin Lake
Prairie Islands

Moore Lake

North Lake

Sturgeon Lake
                  CONTROL METHODS USED
     I had wondered why there wasn't a simple method known

to control oil pollution on rlvera.  Major Donald Gregg

tells roe there is no literature on the subject, that there

never has been this type of disaster In this country, ao

every solution attempted was experimental.  They did not

know whether the petroleum (Richards Company) or the soybean

.>11 (Honeytnead) would rise to the surface.  On Saturday,

April 6th, he drew up a Jar of water (8") from a boat marina

on the Mississippi River in Minneapolis.  The first inch

contained the red petroleum oil, the next three inches were

gray soybean oil, and the balance, water.


                         E.  Peller

     There were three experiments to control the oil.

They tried stretching chicken wire laden with straw across

a part of the Mississippi, hoping the straw would absorb the

oil.  This was unsuccessful.   Secondly, a dam was floated

two miles above Red Wing, Minnesota, by using two steel

cables, one V above the water, the other 18" below, with

burlap bags attached and at intervals, empty oil drums.

Oil stopped by the bags was then raked onto the shore.

However, the burlap became saturated and the labor of

changing the bags frequently made this plan ineffectual.

The third method was the log boom, originated by Major  Qregg

Here heavy rope and steel cable are stretched across the

river, supporting logs,.  It was discovered there was no need

to stop the flow of water from the surface down 18".  A

single log's diameter was wide enough to control the surface

oil into a pool-like concentration while the water flowed

swiftly underneath.  This oil could then be diverted to the

                          * * •»

                                                        1619 i

                         E. Peller                           ;




                                            NEWS RELEASE     j

OFFICE OP THE SECRETARY              Rettle - Interior 5634

Por Release APRIL 20, 1963



           Secretary of the Interior Stewart L. Udall said

today his Department is making Intensive efforts to pinpoint

the immediate and long-term effects of serious pollution on

the Mississippi and Minnesota rivers that already has killed

at least 2,000 waterfowl, plus an undetermined number of

fish, beavers, muskrats, and other wildlife.

           Studies underway, Secretary Udall said, will

assist in determining whether there will be further danger

to fish and other aquatic life from depleted oxygen levels

in backwater areas when oil, which has been responsible for

the pollution crisis, oxidizes during the warm summer months.

           The problem began last December 9 when an oil

olpellne broke at the Richards Oil Company storage facili-

ties in Savage, Minn., southwest of Minneapolis and St.

Paul, dumping about 1,400,000 gallons of crude oil into a


                         E. Peller

marshy impoundment on the south bank of the Minnesota River,

about five miles above its confluence with the Mississippi.

Cold weather temporarily confined the oil.

           Six weeks later, a 3,000,000-gallon soy bean

oil tank owned by the Honeymead Food Products Company in

Mankato, Minn., farther southwest of the Twin Cities area,

Durst and spread oil over city streets and surrounding land

to depths of three feet.  Disposal of the oil by dumping

into the Blue Earth River was halted by the Federal Govern-

ment.  Efforts then were made to dispose of it in a ravine

on a private farm six miles south of Mankato.

           However, the oil from the ravine seeped into a

nearby creek, then into the Blue Earth River, to the

Minnesota River, and finally, with warming weather, into

the Mississippi itself.

           Meanwhile, warmer weather freed the crude oil

near Savage, and by the last week in March both the soy bean

oil and crude oil were draining into the Minnesota and

Mississippi rivers.  Federal, State, and local officials

concentrated remedial actions at Spring Lake — a backwater

area where large numbers of migrating waterfowl stop.

           On April 1, Federal wildlife officials attempted

a large-scale baiting operation to keep the migrating water-

fowl from the deadly contaminated water.  They were only


                         E. Peller

psrtly successful.  Despite the efforts of dozens of

volunteer citizens working day and night in "Operation Duck

Rescue" — trying to clean and keep alive hundreds of dying

oil-soaked ducks — Federal officials now estimate that as

many as 2,000 ducks were killed by the oil.

           In announcing Department of the Interior efforts

to find out the answers to questions about future effects

of the pollution, Secretary Udall noted that the oil slick

is now beginning to disperse and oxidize.  This is a long,

alow process — roughly comparable to the organic breakdown

of aewage in a treatment plant.

           Attorneys of the Department also are studying

the conditions that led to the pollution problem, Secretary

Udall said.

           "The possibility of large-scale rlv«r pollution

from oil storage tanks, pipelines, and other similar facili-

ties is of great concern to us In the Department of the

Interior," Secretary Udall said, "especially as such pollu-

tion may endanger parts of the National Wildlife Refuge

system and vast areas of the Nation's water areas.  We

believe such incidents are preventable."

           "We have an obligation to protect fully the

national interest in such cases of large scale pollution/'

he added.  "If this disaster had struck in a waterfowl

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wintering area, the entire resource of the Mississippi

Plyway could have been endangered."

           Conferences already have been held among

representatives of the Department of the Interior, Minnesota

State officials, and U. S. Public Health Service representa-

tives to develop possible measures for preventing similar

incidents in the future.  These include safety devices on

oil-storage tanks, revetments and dikes around storage

areas, improved skimming devices for removing oil from water

surfaces, and zoning arrangements on river flood plains.

           Secretary Udall said the Department's Pish and

Wildlife Service laboratory at La Crosse, Wls., is

speeding Its studies of the pollution.  The laboratory is

operated by the Service's Bureau of Sport Fisheries and


           Department biologists noted that the heroic

rescue efforts to save the oil soaked ducks were made

against staggering odds.  Cleaning of the ducks robs them

of vital oils needed to keep them afloat and warra.  When the

natural oils are removed, the ducks are vulnerable for

several weeks.
                          # # *

                      CONSERVATION NEWS



                           6, D.C.

This is one of the free services made possible by contribu-

tions received for Wildlife Conservation Stamps.

Articles oontained herein may be reprinted without permissior

               credit would be appreciated.

Ross Leffler, President      Thonas L. Kimball, Executive


                             M. Rupert Cutler, Editor

     Vol. 28, No. 11                   June 1, 1963

In This Issue                                        Page

Industrial Pollution Shows Indifference to

                 Public Interest                      1 * * «

           In the Nay 15 issue of CONSERVATION NEWS we

described in detail an oil spill on the Minnesota River

near the Twin Cities in Minnesota which eventually was


                         E.  Peller

carried down the Mississippi.   A bursting storage tank and

a leaking tank farm pipe allowed 1,400,000 gallons of

petroleum and 3,000,000 gallons of soybean oil to spew out

into the Minnesota River.  Cold weather kept the full

effects froa becoming apparent until the ice went out and

the oil was carried into and down the Mississippi.

           The atory of an estimated 10,000 ducks being     i

Caught in the oil was th« subject of nationwide reporting

through all popular media.  Pictures of dead, oil-coated

ducks were widely circularized.  It was a sad but dramatic

story, and emphasized how ineptly we continue to take care

of our material blessings.

           Oov. Rolvaag of Minnesota immediately took action,

and calls for help quickly reached the National Capital

for emergency measures by way of manpower and money.   But

the tiger was already loose and no one was quite sure how

to get it back in the cage.   Recriminations, which are

understandable at such times,  did not evaporate the oil,

nor even develop future preventatIves.  Certainly the oil

spillage was not deliberate, but it was the result of a

serious degree of negligence.

           According to Interior Secretary Udall, studies

now under way will assist in determining whether there will

be further damage to fish and other aquatic life, especially

                         E. Peller
oxygen depletion as the oil oxidizes in the backwaters
during the summer months.                                   j
           One concern of the Department of the Interior
— and rightly so — is what effect the oil may have on the
Upper Mississippi National Wildlife Refuge* which extends
for 300 miles along the Mississippi.
           Secretary Udall further commented:  "We have
an obligation to protect fully the national interest in
such cases of large scale pollution.  If this disaster had
struck in a waterfowl wintering area, the entire resource
of the Mississippi Flyway could have been endangered."
           If improved pollution laws, measures of safety,
etc., result from this disaster, there may be some beneficial
results.  This incident of ducks dying and the general
damage occurring from oil pollution, as said before, was
sufficiently dramatic to capture national attention.  But
dramatics of this type are a poor substitute for conserva-
tion.  Successful resource management results from sober,
intelligent continuity of program, which too often does not
hit the headlines.
           What la not apparent to the rank and file of
people are the various type* of pollution which from day
to day, week to week, month to month, and year to year
corrode and destroy aesthetic and economic resources before

                                                       1626 '
                         E. Feller
the eyes of an indifferent public.
           In 1962 an exhaustive and comprehensive report
was issued entitled "Pollution of the Navigable Waters
of the Detroit River and Lake Erie and Their Tributaries
Within the State of Michigan."  Its damning evidence should
make ar.y thoughtful citizen hang hie head in shame.
           The Detroit. River, which empties into Lake Erie
a,,d borders frichiasan and Canada, has developed into a
chronic Tester of filth and pollution.  Possibly it is one
of those cases so persistent that people finally become
discouraged and lackadaisical.  This entire region was once
Ideal habitat for waterfowl.  They traversed it in uncounted
           The lower west bank of the river wa.; developed
•.'.>r Industrial purposes.  The resulting effluent warmed
 •;r» river and kept it open.  As a result ducks lingered
after the normal freeze-up.
           As far back as 19^*1» the general region was
recognized as a special problem area, with the increasing
. '• 1th of the river spreading into the marshes of Lake Erie.
           In 1948 there was an estimated minimum loss of
10,000 birds.  In succeeding years the recorded losses were
r; t as high.  In I960 there was another loss of 12,000
oirds.  The report states that, regardless of associated

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complications, oil flows constituted a serious factor.
There was also grease, fats and various oil compounds from
domestic sewage.
           A study wade in 19^6-48 by an International
Joint Commission disclosed that an average of 16,280 gallons
of oil was dumped Into the river every day, and that althoug
this had been reduced, oil waa still a problem.
           The first serious duck losses due to botulism
east of the Mississippi were found in 19^1 on the Raisin
River which flows into Lake Erie.  There were heavy loads
of paper mill waste in the river.  The outbreak spread to
the marshes of Maumee Bay.  Here another 10,000 ducks
were killed by the disease.  Decomposing organic natters
Uuaped into the Raisin River was the principal factor,
A smaller outbreak of botulism occurred in 19**2.  Again In
13^8 a heavy oil spill caused the phosphorous poisoning of
many diving ducks in the Detroit River area.
           The report makes this observation:  The Detroit
River-Lake Erie waters serve as a vast area of natural
wildlife habitat and as a vast area for public recreation.
The quality of this water is very Important, both for
people and for the various forms of fish and wildlife which
are dependent on it.  In looking to the future w* have two
clear-cut and opposing choices 5  (l)  permit the Detroit

                         E.  Peller
River to degenerate to a situation like that which exists

on the Rouge, or (2) employ technical skills to meet the

pollution problems and adequately enforce abatement regula-

tions to provide for the multiple uae of these waters.

           The Detroit River problem so far as oil pollution

is concerned is of much longer duration and has had more

insidious effects than the oil duapage on the Mississippi

of this past winter. But to a greater or lesser degree there

have been many examples of such pollution throughout the

nation for many years which have gradually eroded away the

wildlife and recreational values.

           In a speech nearly thirty years ago, the

dynamic "Ding" Darling spoke his mind on the subject:

 There isn't a salmon run in any river on the Atlantic

coast in the United States to speak of any more.  The ahad

are rapidly disappearing,  The Hudson River, once carrying

a great myriad of sturgeon, is as sterile as the Connecticut

River.  The Great Lakes, once the greatest reservoir of

food supply, fresh water and aquatic food resources, gone;

... the Pacific Coast rivers of the United States no longer

carry their vaunted run of salmon ...  Now maybe you don't

like fish.  That's about all the Chinese have left.  They

have used up their soil, and if they can't get anything

from the water they just starve, that's all."

                         K, Se
           Another recent Sssiie of debate la an oil refinery
In the vicinity of Biacayrie Bay, Florida,  Interior
Secretary Udall and the Army Engineers have entered the
controversy and are taking a careful look at the situation.
Pear of oil spillage and the destruction of the biological
community which supports world-advertised sea fishing is
one of the big dangers .
           Many local controversies have resulted when
large corporations plan Installations which have a potential
to destroy wildlife habitat or recreational use,  Thes*
often occur along a river flat, a marsh which is to be
filled in, a hill which must be denuded of trees.
           Administrative heads of these corporations are
often excused for lack of biological knowledge, but it Is
usually some lay group of citizens that exert a militant
opposition, and their rank and file are certainly not
trained biologists,
           If the man on the street can sense potential
danger, it is inexcusable for a chairman of a board to
plead ignorance.  It is also often stated that engineers
receive no biological training, but why should they be
exonerated for looking only through one knot holt?  If the
butcher and baker can visualize destruction, the engineer
cannot plead innocent .

                         E, Peller
           It IB true that laymen groups obtain the services
of wildlife specllista, but so could the corporations
before they extend their plant.  Such arguments do not hold
water.  If corporations are smart enough to employ the
technical advice of engineers, it would appear that their
failure to employ biologists is nothing more than
indifference to the general public Interest.
           Credit the man on the street for many of the
battles which have been won.  However, he is winning too
few.  How many oil apillei must occur, how many ducks and
fish must die* before the; tide on such carelessness and
indifference begins to ebb?  — ERNEST SWIPT
                         # # #
           Bills aimed at preventing reoccurrence of pollu-
tion of state waters from accidental or intentional dis-
charge of stored liquids have been Introduced in both houses
of the Minnesota legislature.  Authors of the bill in the
house, H. P. 1907* are Representatives Barr and Orusslng.
The Senate bill, S. P. 1783* *» authored by Senator
           The bills state that  every liquid substance
stored at a place where 11; would pollute any waters of the
state if it should escape from confinement is hereby declared
to be a dangerous instrumentality."

                         E. PeJlar
           Owners of a-uoh liquids and owners of the storage
facilities are made Jointly and severally liable In full
damage to the state or its political subdivisions for all
expenses incurred in preventing escaped substances from
polluting any waters of the state and in removing such
substances from the water or in confining the spread of
pollution.  The bill Is designed to stimulate the construc-
tion of dikes and impoundments around storage tanks and for
other safeguards to prevent the spread of polluting sub-
stances into waters of the Minnesota.)
           MR. STEIN:  Thank you.
           Are there any other people?
           MR. WILSON:  Mr. Chairman, I would Just like
to add to the comaents that Dr. Hargraves made.
           In regard to the desire of the Commission to
provide everyone with the fullest  possible information and
to take all the action it can in the exercise of all the
powers that are given to it, I made some comments a while
ago upon the legal provisions applicable to enforcement
in those cases previously reported to the Commission.
           Under the Rosenmeier Act, which was signed by


the Governor on May 27, 1963, after thaae incidents had

occurred, and which necessarily cannot be retroactive as to

any events theretofore committed, the Commission will have

stronger powers on standards adopted under that Act.

           The Commission has not yet adopted any standards

under the Rosenmeler Act.  The standards that we have been

talking about were adopted under the old law after hearings

the preceding year, and when we get to the point of adopting

standards under the Roaenmeier Act, then we are going to be

in a much stronger position with\respect to both criminal

enforcement and enforcement of the procedures under the

Water Pollution Control Act.

           These questions are somewhat complicated.   I have

told a number of people here that I would be glad to sit

down and discuss with them the possibility of future action,

but I think all we have time to say here and now is that

it is definitely the Intention of the committee to exercise

whatever powers the legislature gives it to the fullest

possible extent.

           MR. STEIN:  Thank you.

           Mr. Smith?

           MR. SMITH:  I have several other statements that

I would like to present.

           MR. STEIN:  Do you want to read them or just

put them into the record?

                                                      1633  !
           MR. SMITH:  No, I don't believe I will read them,!
           Under ''Industrial Waste Sources" as listed in
the Minnesota agenda, if the reporter would put into the
record the description of the Industrial waste facilities
at those places, for which I do not present material now,
this will take care of that portion.
           MR. STEIN:  That has been agreed to.
           MR. SMITH:  The first statement I have is from
the Honeymead Products Company, and I would like to present
           MR. STEIN:  Just for the record, without reading
it at this time?
           MR. SMITH?  Ptor the record.
           (The statement presented by the Honeymead
Products Company is as follows;

                       TEI£PHONE: 7911     TEIETYPE: 541
                           MANKATO, MINNESOTA
                                 January 31» 196U
   To the Minnesota, Wisconsin Conference on Inter-State
           Pollution of the Mississippi River
       Re:  The Mankato Soybean Oil Flood
           At 9:00 A.M. on the morning of January 23, 1963


things were normal at the Hbneymead Products Company Mankato

Plant.  A few minutes later the area was flooded with

millions of gallons of soybean oil.  The flood resulted

from an explosion of a very large soybean oil storage tank.

The ruptured tank, with a capacity of WO tank cars or about

3,500,000 gallons, instantaneously released a flood of oil

with such force as to demolish plant buildings and disrupt

our incoming high voltage power lines, thereby shutting down

the plant.  Railroad box cars and tank cars, some of them

loaded, were pushed helter skelter from their positions on

plant sites.  One of the box cars loaded with 120 full drums

came to rest in the middle of the Blue Earth River some

hundreds of feet from the ruptured tank.  Tangled railroad

tracks were carried with the cars.  The temperature on

this twenty-third of January was 21° below 0.  The flood of

oil covered the plant area and the neighborhood for several
blocks around.  The ice of the adjacent Blue Earth River was

also covered by the flood.  Low temperatures caused the oil

to congeal to a lard-like consistency.  Accumulations of

solidified oil to a depth of three feet existed in the plant


           By the middle of the afternoon of January 23 w«

had a temporary limited electric power supply to the plant.

The boiler room equipment was the first to be activated

after electric power was restored.  The availability of steak

allowed us to proceed with the cleanup plan that had been
worked out during the day.  The simple plan was to establish
melting pits in which the solidified oil would be melted by
heat from steam colls.  The liquid oil would be pumped
from the melting pits to tank oars.  Our plant produotion
crews were organized Into around the clock cleanup crews.
Outside contractors were integrated into the cleanup crews
to supply specialist* such as electrician*, pipe fitters,
welders, etc., as well as equipment such as dump trucks,
 bulldozers, front end loadersf pumps and hoisting equipment.
           We had planned to load congealed oil from the
river ice into dump trucks and haul it up the river bank to
the melting pits.  A heavy bull dozer broke through the ioe
and we were not able to find a slope up the river bank that
the trucks could negotiate.  We then established two
melting, pits and pumping stations at the base of the river
bank.  Light weight front end loaders were lowered to the
river ice.  The front end loaders cleared the river ice of
congealed oil, disposing of the loads into the two melting
           The cleanup campaign continued 24 hours a day
for weeks until all of the debris had been picked up.
About 120 tank cars were recovered and loaded in this cleanup
           Meetings between company officials and

Governmental Agencies, i^derai,  ot&te and Local on various
phases of the disaster ssave been held.   Many meetings have
oeen held with personnel of the  State Water Pollution Control
Commission, first in relation to cleanup problems and then
regarding means of reducing possibilities of future
           As a result of these  meetings, the company has
adopted the policy of building smaller oil storage units.
We are presently working with the commission on the
engineering of a dike system to  contain the results of a
tank rupture should it ever occur.
           Many attending the conference are quite familiar
with the story of the exploding  soybean oil storage tanks
at Mankato.  It seems there were quantities of misinforma-
tion as well as Information dissimulated concerning this
well publicized event.  This first—hand summary la offered
as being of possible interest to many attending this
                           Respect fully,
                           George N. Walker
                   Vice President and Plants Manager)
                           # #
           MR. SMITH?  I have a statement from Northwestern


Refining Company, which I am presenting.

           (The statement J'rom Northwestern Refining

Company is as follows v


                   POST OFFICE BOX 248


           February 5*
                                 ST. PAUL PARK, MINN.

                                 NEW BRIGHTON, MINN.

Robert N. Barr, M.D., Secretary

Water Pollution Control Commission

State of Minnesota

Minnesota Department of Health Building

University Campus

Minneapolis, Minnesota

           Northwestern Refining Co. operates a modern

petroleum refinery on the east bank of the Mississippi River

approximately ten Biles below St. Paul, Minnesota.

           Northwestern Refining Co. began its operation

In 1939 and has always maintained a position of utmost

cooperation with the Minnesota State Board of Health and

the Minnesota Water Pollution Control Commission.  Since

1939 the company has made a constant and progressive effort

to improve waste water treatment facilities and to maintain


these facilities at ?,:« efficient  ,evel.  The facilities at

Northwestern Refining :;u,, are considered to be entirely

adequate for the treatment of the refinery effluent.  This

:ffluent is tested periodically and such tests indicate that

its purity is well within the limits specified by the

Minnesota State Board of Health,

           Northwestern Refining Co.»s policy of cooperation

vith the Minnesota State Board of Health and the Minnesota

Water Pollution Control Commission will be extendec) to the

United States Public Health Service in its survey of pollu-

tion of the Mississippi River, )
                            « *
           MR. SMITH:  I have next a statement from the St.

Paul Ammonia Products, Inc.

           (The statement from the St. Paul Ammonia Products,

Inc., is as follows:


                     P.O. BOX 1*18

                 SOUTH ST. PAUL, MINNESOTA

                   February 6, 196M


February 7» 1964 Conference re Interstate Pollution

   of Mississippi River

State Office Building

St. Paul, Minnesota

           At the request of the Minnesota Water Pollution

Control Commission we have been asked to comment briefly

on what we have done and what we propose to do toward abate-

ment of pollution of the Mississippi River.

           Our contribution to pollution of the river

consists only of the discharge of chemical waste products.

No domestic type sewage of any kind is discharged to the

river.  Because of other necessary regulations we are left

with no other practical method for the disposal of our

chemical waste effluent except to discharge it into the

Mississippi River.  It is therefore essential to our con-

tinuing operation to be allowed to proceed with disposal of

our chemical waste products in this manner.

           Prom the start-up of our operation we have

cooperatively worked with staff members of the Section of

Water Pollution Control, Department of Health In matters

such as methods of chemical analyses to be certain of

accurate and acceptable information* type of reported data,

frequency of reporting^ points, special sampling,

changes In types of ereialcai wastes due to modi float Ions In

process methods, etc.  We have in the past purchased and

installed costly equipment with the sole purpose of reducing

quantity of chemical wastes,   We submit to the Minnesota

Water Pollution Control Commission on a monthly basis a

dally accounting of flows and chemical concentrations in our

waste water effluent.  Included In our report Is Information

on the analysis of Mississippi River water collected upstream!

and downstream from the point at which our chemical waste

effluent enters the river.  We collect and analyze these

samples for ammonia content on a voluntary basis so that we

have additional information to make a realistic evaluation

of the effect of our effluent on the river water for the

purpose of pollution control.

           It Is not our policy to discharge specific

chemical contaminates up to the Halt of the quantities

set forth in our waste disposal permit.  We are continually

looking for practical ways to decrease these quantities

or eliminate them entirely,  Ae an example of the quantity

of reduction of chemical waste now being sent to the river

our records will show that for last year we discharged only

approximately 32$ of the quantity of dissolved solids that

originally were intended when applying for our waste dis-

posal permit.

           We believe It is apparent through demonstration

that we have definitely been interested and cooperative

in decreasing and controlling pollution of the Mississippi

by discharge of our chemical arid waste water effluent into

the river.  As in the past, we will continue to work along

feasible lines which will aid in further pollution abatement

                         Yours very truly,

                         ST. PAUL AMMONIA PRODUCTS, INC.

                     /B/ Kenneth B. Knox

                         Plant Manager)

                         * * *

           MR. SMITH:  I also have a statement from the

Great Northern Oil Company.

           (The statement from the Great Northern Oil

Company is as follows:




TO:  The Honorable Anthony Celebrezze, Secretary of Health,

     Education and Welfare, and Murray Stein, Chief of the

    Enforcement Branch of the Division of Water Supply and
    Pollution Control of the U, S. Public Health Service,
    and designated conferees.

           Robert N. Barr, M.D., Secretary of the Water
Pollution Control Commission of the State of Minnesota,
has requested the Great Northern Oil Company to submit a
statement for submission to you for your consideration at
the forthcoming conference on pollution of the Mississippi
River from the Rum River downstream through Lake Pepln.
In reply to said request, the Great Northern Oil Company
respectfully submits the following statement;
           Great Northern Oil Company operates a modern
petroleum refinery in the Pine Bend area approximately ten
miles south of South St. Paul, Minnesota.  Use is made of
the Mississippi River to repelve about 700 gpm of treated
refinery waste water.  This company, since it commenced
operation, has worked closely and cooperated to the utmost
with the State Department of Health and Water Pollution
Control Commission of Minnesota.  It is now the position
of the company and always has been during its entire history
that it has never contributed to the pollution of the
Mississippi River and that its standards of waste water whic
Is received by the river have always been higher than the
minimum standards required.

                                                      1643   !
           The Or«at Northern Oil Company's position In      !
this respect can Lest b* substantiated by a brief descrip-

tion of its operations ard its waste disposal facilities ae


           The treatment GJ* waste water at the refinery

includes oil separators, lagoons, two stages of biological

oxidation and a large final lagoon (see attached sketch).

The treated water quality exceeds the W.P.C. Commission

requirements in every respect and in no way does it compromise

the section 3 river quality standards recently used by the


           The refinery, situated about 1/4 mile from the

river, was built In 1954-1955 and expanded in 1963.  At

today's capacity of about 50,000 BOD, the refinery processes

include crude distillation, catalytic cracking, hydro-

desulfurlzation, reforming, aIkylatIon, catalytic polymeriza

tion, and residual oil coking.  Two sulfur plants produce

liquid sulfur from waste gases.

           Refinery water use and waste water treatment

follow the most modern practices known to the Industry.

Cooling water, initially drawn from wells, is treated and

then recirculated through process coolers and over cooling

towers for water conservation purposes.

           Steam oondensate from the cracking process is

acid treated, steam stripped and subjected to biological

oxidation of the phenols in this latest deiign of &

filled Trickling Filter,

           Oily water is collected in a separate sewer tcv

distribution to an oil gravity-type separator.  A series

of lagoons and a hay filter then remove traces of oil bef; -.&

the water goes to the Activated Sludge unit for final

polishing of phenols, oil, and BOD,

           The final lagoon has the capacity of storing

several weeks flow of treated water.

           Recent projects included a coker blowdown system

which aids oil recovery and air pollution control.  We have

contracted a project to install a new lagoon pump and

protective run-off line.  Studies are being completed this

year on a new, original process to renove sulfide from

refinery waste water.

           Our personnel are active in the nation-wide

water pollution control projects sponsored by the American

Petroleum Institute.  A group of ORSANCO members visited

our waste disposal facilities last spring with many favor-

able comments.

           The annual operating costs for equipment directly

related to air and water pollution control is In excess of


           Barge loading and unloading facilities are in

the form of a dredged harbor on the west bank of the


Mississippi Just cast  northeast of the refinery site.

The harbor Is used for unloading arid loading during the

months of ice-free water,  inuring the winter months the

harbor is used only to load product* destined for customers

between the refinery and Ssint Paul.

           All possible mechanical and procedural safeguarde

are utilized to avoid spillage during loading or unloading

operations.  Drain pans under velvet catch any drip that

may develop when unhooking loading lines.  These pans drain

into tanks and these are pumped Into trucks for return to

the refinery.

           As a further precaution, a floating styrofoan

"slick bar" isolates the harbor from the riv«r.  In addition;

a second "slick bar" is maintained around the barg« being

loaded or unloaded.  The "alick bar" is aquippud with a atifl

plastic weir that extends vertically b»3ow the iurfaoe of

the water.  With the bar on top and weir below w«fc«r, a

barrier for floating materials lighter than water is

constantly maintained.  Thup 1f »n su;o?«1«nt (»uoh as a hole

rupture) should occur, spillage nati be* contained within the

harbor and recovered without escape into tht rlv«r stream.

           The U. S. Coast Guard arid oth«r gov«rn»«ntiil

agencies inspect these harbor f8Q!lit:U*fs i®v«fal tt»»§ p»r


           The industry is dtf nrtBin«

and its money toward tb« solution of real polration problems

It will strive with equ&'i. vigor to avoid unnecessary and

ineffective expenditures.  Willingness to cooperate, with

determination to be effective, is the industry's position.

           In conclusion, we wish to stress the fact that

no domestic sewage from the Oreat Northern Oil Company is

received by the Mississippi River in any form and that our

company Intends to continue to cooperate In any way with

all agencies of the State of Minnesota and our Federal

government in eliminating and solving pollution problems

of the public waters of our state.

February 6, 1964)

70 100 {
500 600 gpm
»*"" Sour
"^'•r ast^H^?Mj**>iS§^^^^&^*m1SRa>w*sa|
Stripper ,„., J Wgi? T.iftfe I__
1 1 4 Oil Sep&ra>of J
^I,IIB|| lcsa^&;^Kfi!Efi£S%^^£^i^iZ^>&^^!=!^sf
~~™*| &„ ,«,,«.,,--„- ™,«C_™H»%
1 API Gravity I " ~<^
1 Sepacaior I
._ . ,..-i
/ 1 '*** 1
Activated Jr i hher I
\r i J *^ K ' «
3 1 U O Q d J
, lnt*rm«dia'«: Pond .^
— — »> SlVTB

Waste-water flow through treatment system

           MR. SMITH:  I have a abatement from Minnesota
Mining and Manufacturing Company.
           (The statement from the Minnesota Mining and
Manufacturing Company is as follows:
                    February 7*
           Minnesota Mining and Manufacturing Company (3M)
has traditionally taken an active part in the programs that
have been established to control the pollution of our
national natural water resources.  Recognizing that the
conservation of these resources is the vital responsibility
of all individuals, 3M has established water pollution
control programs at all of its plants wherever a water
pollution problem IB Involved throughout the United States
and abroad.
           To illustrate this interest in water pollution
control work 3M has been an industry member of the Ohio
River Valley Water Sanitation Commission (ORSANCO) and has
actively participated by serving on the Chemical Industry

Committee — Advisory to ORSANCO for the past 10 years.  In
1963 two of the 3M plants located In the Ohio River Basin
received the Replica of the "Outstanding Civil Engineering
Achievement" awarded to ORSANCO by the American Society of
Civil Engineers for their excellent accomplishment in the
Ohio River Valley in curbing water pollution.
           A Water and Sanitary Engineering Department with
a staff of specially trained professional engineers has been
established within the company for several years.  These
engineers devote full time to the development and engineering
of water treatment and waste water pollution control programs
for various company plants.
           The 3M Company plant, located on the section of
the Mississippi River under consideration in this conference,
is known as the Chemollte plant.  It is located in Cottage
Grove Township in southern Washington County on the north
oank of the Mississippi River.  The plant is approximately
three miles above the Lock and dam No. 2 at Hastings,
           The company has been active in pollution control
ever since the Chemollte plant began operations in. 19*17.
The process waste water was first discharged to holding
ponds constructed prior to 1950.  In 1955 waste water fron
Chemollte, after being treated in a skinning and settling
tank and an oxidation pond, was discharged into the

Mississippi River.  The sanitary sewage has always been
segregated from the process waste and treated separately.
           In 1962 new additional waste treatment facili-
ties were constructed to expand and modify the existing
facilities.  These facilities, which are presently being
used, consist of skimming and settling tanks, sludge settling
tanks, oxidation ponds, neutralization facilities, and
necessary pumping and piping appurtenances.  Plane and
specifications for construction of these facilities were
approved by the Minnesota Water Pollution Control Commission
before they were constructed.  The facilities were put
into operation In March, 1963.
           During the past three years more than 3/4
millipn dollars was Invested by the company in abating
water pollution at the Chemolite plant.  In addition to
this capital Investment, at least $60,000 Is spent annually
for operation and maintenance of these facilities.
           A water laboratory maintains a monitoring
program of the waste water as It passes through the treatment
facilities.  Numerous samples are collected and individual
analyses are made regularly.  Based on the laboratory
analysis of samples recently collected in the ravine
receiving the waste water before it is discharged into the
Mississippi River, the present facilities have reduced the
five-day BOD (Biochemical Oxygen Demand) approximately one*

half, compared to the period when the old facilities were
in operation.  Data is compiled and periodically submitted
to the Minnesota Water Pollution Control Commission for
their review.
           3M works very closely with the Minnesota Water
Pollution Control Commission on the development of a water
pollution abatement program.  This program is aimed at
maintaining an effluent from the plant that does not limit
the designated usage for this section of the river.
           With the encouragement and approval of the
Minnesota Water Pollution Control Commission, 3M has
conducted extensive experimental studies since I960,
investigating the feasibility and possibility of using
various treatment processes for additional treatment of the
waste water from Cheraolite.  More than $100,000 has been
Invested by the company in these studies alone.  An
industrial plant with varied activities such as those at
Chemolite uses water as one of its basic raw materials, and
consequently, the treated water must be disposed of after it
has been used.  The company has cooperated with the Minnesota
Water Pollution Control Commission and has satisfied their
general desires in the past and fully intends to continue
this cooperation in seeking solutions to future pollution
problems involving this section of the river.
           We request the chairman and conferees of this

Conference to review the natural assimilation characteristics
of the river and Include the disposal of feasibly treated
waste water as one of the many essential uses of the
Mississippi River In this section.
           The 3M Company wishes to extend its appreciation
i'or this opportunity to submit this statement to the
                          * » *
           MR. SMITH:  I have a oopy of the letter from
the Pittsburgh Plate Glass Company.  Do you wish me to read
this or shall I Just enter it for the record?
           MR. STEIN:  Do you want this letter read, or,
if not, it can be in the record,  This indicates what they
are doing?
           MR. SMITH:  It is a statement of their attitude.
           MR. STEINj  Do you want to read it or not?
           MR. SMITH:  We don't.
           DR. HARORAVES:  Do you?
           MR. MC DERMOTTi  No.
           MR. STEINi  Very well.
           (The letter from the Pittsburgh Plate Glass
Company is as follows:


                                 LINSEED OIL DIVISION

                   P.O. BOX 7k - PHONE DU 6-2813


                                     January 27, 1964

Dr. Robert N. Barr, Secretary

Water Pollution Control Commission

Minnesota Department of Health Building

University Campus

Minneapolis, Minnesota

Dear Dr. Barn

           Thank you for your letter of January 5» concerning

the meeting on February 7» 1964, covering the various

aspects of pollution of the Mississippi River,  between

Minnesota and Wisconsin.

           Our position on this subject Is quite clear

by the record which shows that we backed the sewage treat-

ment plant Installation In Red Wing.  Since the Installation

of the treatment plant we have worked closely with the City

of Red Wing to make the operation of the treatment plant

as easy as possible by doing considerable work within our

own facilities to keep our contribution of load to the plant

as low as possible.

           The most unfortunate accidents In Mankato and

Savage last spring were, without doubt, serioua and
regretful occurrences.  However, as with all sudden and
major occurrences, a careful, deliberate, objective approach
must be taken to ascertain whether this sudden and major
occurrence Is really likely to happen again and, if so,
what is an equitable preventative solution.  It is Indeed
fortunate that the Water Pollution Control Commission of
our State is a thoughtful .body that approaches these problem!
in a careful and deliberate manner for it is only in this
way that the Interests of all parties are protected and the
public is best served.
           We will be most pleased to discuss pollution
problems and water usage requirements with the appropriate
representatives of the Minnesota Water Pollution Control
Commission and/or the U. S. Public Health Service.  Any
services which we may be able to render either of these
organizations along the lines of the knowledge we have on
these subjects will be gladly given.
              /B/        F. K. Bierl
                         Assistant Factory Manager)
           MR. SMITH:  I also have a statement from Richards

Oil Company.
           MR. STEIN:  That is ont of those Involved.
           DR. HARGRAVES:  It IB the one that Is Involved.
It is this one right here that is being prosecuted by the
           MR. SMITH:  Yes.
           MR. STEIN:  Do you want this letter from Richards
           MR. SMITH:  It can be.
           DR. HARORAVES:  Shall I read it?
           MR. STEIN:  Yes.
           DR. HARORAVES:  This is from the Richards Oil
Company. As  you all know, there was the petroleum spill, and
it is. the one we have just been referring to.  They wrote
to Dr.  Barr  as follows:
           "I regret that I will be unable to attend
      your conference on interstate pollution which is
      to be  held February 7, 1964 inasmuch, as I will be
      attending the American Waterway convention in New
      Orleans, February 3, 4, and 5th.  Mrs. Richards
      and I  will leave for the South from there for a
      short  vacation.
           "We are most grateful to your  commission
      for the help given us last year with a most
      difficult problem of oil slicks and water pollution.

"This was the most exasperating and expensive
experience that I have had to endure in operating
a petroleum terminal business during the past
twenty years.
     "We are now alert to the risks and dangers
of water pollution, and have made expenditures of
approximately $50,000.00 together with six months
work to build adequate containment dikes and a
oil water separation system on our river terminal
aite at Savage, to contain any liquid products
that might escape from either pipelines or storage
vessels on the property.
     "As no man has the ability to predict an act
of God, foresee or prevent all mechanical failures, *
such as we experienced when our pipeline ruptured
during the night with a loss of 1 million gallons
of petroleum, it is imperative that your conference
establishes guidelines and standards for industries
to prevent further water pollution of our rivers
and streams.
     "We wish your conference success in securing
the cooperation of both municipalities and industry
in this vital problem.
                      "Yours very truly,
                       RICHARDS OIL COMPANY

                        "/s/  Myron D. Richards,
           MR. STEIN:  Thank you.
           Are there any others, Mr. Smith?
           MR. SMITH:  I have a resolution adopted by the
Minnesota Federation of Labor here, which they wish to be
           MR. STEIN:  Do you want that just put in the
           MR. SMITH:  Yes.
           (The statement of the Minnesota Federation of
Labor la as follows:

      4? W.  NINTH STREET
January 29,  1964

Dr. Robert N. Barr, Secretary
Water Pollution Control Commission
Minn. Dept.  of Health Bldg.
University Campus
Minneapolis  Ik, Minnesota

Dear Dr. Barr:

           We were pleased to receive your notice of the

forthcoming Conference on Water Pollution, scheduled for

Feb. 1, in the State Office Building, St. Paul.

           Organized Labor has consistently supported

measures necessary to correct numerous water pollution

problems that exist in our state.

           The following resolution was adopted at our

1963 Convention, held in Minneapolis, Sept. 16-18, 1963;


     Subject?  Water Pollution

            WHEREAS:  Pollution of our State's lakes,

     streams and underground water supplies seems to

     be on the increase, and industry and the various

     subdivisions of government have not exercised the

     caution or discretion necessary to protect the

     health and recreational interests of our citizens)


           WHEREASs  This lack of concern and absence

     of corrective action endanger* the health and

     welfare of our state and nation; now, therefore*

     be It

           RESOLVED:  That the Minnesota APL-CIO

     Federation of Labor, its Central Bodies and Local

     Affiliates be vigilant for abuses in all corners

     of the state, and nilitant In its pursuit of

     corrective action to restore water areas already
     affected and preserve our natural resources for
           We would heartily endorse any program initiated
to clean up our lakes and streams in Minnesota to protect
the health and recreation interests of our citizens.
                 /s/   R. A. OLSON, President
cc   Wesley Ohman, Chairman, Interim Conservation Conm.
     Rt. 3* Detroit Lakes)
                       «• « *
           MR. SMITH:  The next one is a statement from the
League of Women Voters.
           MR. STEIN:  Very well.
           (The statement of the League of Women Voters of
Minnesota is as follows:

League of Women Voters of Minnesota
c/o State Organization Service
University of Minnesota
Minneapolis, Minnesota 55^55


                              February 7, 1964




           The League of Women Voters of Minnesota is

particularly pleased to give its support to a conference

which, we are sure, can inprove water quality.

           Our national Board members and staff have followec

national water resourced legislation with great diligence.

They have testified at hearings and rallied member support

for the Federal Water Pollution Control Act and amendments

that have strengthened and extended this act.  Many League

members all over the country have been called on to explain

League views and have helped to create support for water

pollution legislation.  In Minnesota, the looal Leagues

participated in putting together the publication "Water

Resources in Minnesota" in 1959.  This gave many people an

introduction to the seriousness of our water problems.

           The League feels that pollution abatement is the

best way to make more water available for all users, as

well as to remove health and aesthetic hazards.  There are

many groups that have reason to speak about this problem

that faces us today.  We recognize the Importance of these

special Interests.  Basically, what pulls us all together,


is the concern for clean water.  In the state of Minnesota,

we are responsible for the condition of the water we send

out of this state.  We are vulnerable to the criticism of

downstream users if we do not set a high standard for


           With increasing population and growing use of

surface waters, a higher degree of treatment will be neces-

sary In many localities.  -We are aware that in 1963 our own

Minnesota Water Pollution Control Commission was able to

step up its anti-pollution activities.  It was last year

that the state legislature extended the powers of the

Commiaalon and gave it enforcement authority.  The area

affected here is Minnesota's most populous and productive.

The quality of our water will determine our health and our


           But — this authority ends at the Minnesota

state boundary -- and the water keeps rolling along.  We

are especially grateful that this conference hat been called

by the Secretary of Health, Education and Welfare.  We

realize that the federal government has a unique role to

play in erasing state lines and looking at our problems as

part of a growing national crisis.

           The statement of the League position on water

resources is as follows:

           In order to meet the present and future water


needs of the people of the United States,  the  League  of

Women Voters believes:

     A.  Over-all long-range planning and  development of

         water resources require

         1)  Better coordination and  organization  at  the

             federal level,

         2)  Elimination of  inconsistencies  and  conflicts

             in basic policy among federal agencies,

         3)  Federal procedures  which provide  the  Executive

             and Congress with adequate data and a frame-

             work within which alternatives  may  be weighed

             and intelligent decisions made.

     B.  Comprehensive planning, development,  and  water

         management on a regional basis are  essential to

         the optimum development of the nation's water


         l)  Such development should  meet  the  particular

             needs of the region but  not be  in conflict

             with the national interest.

         2)  Machinery is needed, appropriate  to each

             region, which will  provide coordinated planning

             and administration  among federal, state  and

             other agencies.

         3)  Procedures should be established  which provide

             information and an  opportunity  for  citizen

                                                      1663   |

             participation in policy decisions affecting     !

             the directions which water-reaource development

             will take.

     C.  The federal government has a necessary role in

         financing water-reaource development, but state

         governments, local governments, and private users

         should share such costs, as far as possible, based

         on the benefits received and the ability to pay.

           We use this statement of League position to

evaluate national water resource programs and legislation.

We urge you also to use it as a criteria for developing

pollution control programs in this area. )

                         # # #

           MR. SMITH:  Next I have a joint statement of

the Minneapolis and St. Paul Area Chambers of Commerce for

the record.

           (The joint statement of the Minneapolis and St.

Paul Area Chambers of Commerce is as follows:



           For presentation at the Federal and Interstate

          Conference on Pollution of the Mississippi River

              at Saint Paul, Minnesota, February 1 ,
Mr. Chairman:
           We sincerely believe that our area has pioneered
In developing and putting into operation means of combating
water pollution.
           In 1938 the Twin Cities Inaugurated the first
metropolitan sewage treatment facility on the Mississippi
River.  Because of increased population and other factors
a $23 million addition to the sanitary facility is now
under construction and in the near future will be in opera-
tion. in addition to serving the central cities of Saint
Paul and Minneapolis, 37 suburbs in the Twin Cities metro-
politan area are connected to it.  Under recent legislation
a plan is being developed for the construction and financing
of additional collection facilities so that more suburbs
can be provided service.  The expansion program also providei
for treatment conforming to present state standards.
           It is of interest to all metropolitan residents,
numerous officials of the Twin Cities and their suburbs,
together with representatives of business and Industry who
have been and are devoting large portions of their time
to the problem.  They are cooperating with legislators and
the Minnesota State Water Pollution Control Commission in
an effort to afford ever widening control of pollution in


the metropolitan area.

           We have been led to believe that current concern

regarding pollution problems on the Mississippi may have

been prompted by the widely publicized pollution last spring

caused when petroleum and soybean oils flowed into the

river from broken tanks or pipe lines.  While these were

very unfortunate incidents they bear not at all on this

area's handling of the sewage treatment problem.  Recent

legislation vests power in state agencies to prevent or

minimize recurrence of such incidents.  The Chambers of

Commerce of both Saint Paul and Minneapolis gave unqualified

support to Senate Pile No. 2^3 enacted into law by the

1963 Session of the Minnesota Legislature.

           This act "provides for prevention, control and

aoatement of water pollution by construction and operation

of municipal sewage disposal systems."  Quoting further

from this act, "It is the policy of the State to provide

for the prevention, control and abatement of pollution of

all waters of the State so far as feasible and practical,

In furtherance of conservation of such waters and protection

of public health, and in furtherance of the development of

the economic welfare of the State."

           Everything possible is being done and has been

done consistent with available resources and the needs of

other metropolitan services.

                        MINNEAPOLIS CHAMBER OP COMMERCE)
                          * * *
            MR. SMITH:  Next I have two copies of a statement
 of the Outboard Boating Club of America.
            DR. MARGRAVES:   And they will  send eight addi-
 tional copies.
            MR. STEIN:  We  will give one to the reporter,
 and unless there is objection, it will be copied into the
            (The statement  of the Outboard Boating Club of
 America is as follows:

        By Ron Stone of the Outboard Boating Club of
        America Before a Bi-State Conference on Water
        Pollution Control On the Upper Mississippi
              River and Its Tributaries
                St. Paul,, Minnesota
                 February 7, 196^

            Governor Rolvaag, Governor Reynolds, Mr. Chairman
 and Fellow Conference Participants, my name is Ron Stone.

I am a member of the Government Relations Department of the
Outboard Boating Club of America, headquartered In Chicago.
           We are a national trade association representing
166 manufacturers in the recreational boating industry, 22
of them in the two states that are the principal area of
your study.  Our Minnesota and Wisconsin-based member manu-
facturers enjoy a multi-million dollar share of the boating
market.  Their products are top brands in outboard motors,
outboard and Inboard boats, sailboats, houseboats, boat
trailers and marine accessories.
           The Outboard Boating Club of America speaks for
the people who buy pleasure boating equipment as well as
the people who manufacture and sell it.  Over 350 boating
clubs, boasting 40,000 individual members, are affiliated
with us from coast to coast.  Twenty-six of our clubs are
in Minnesota and Wisconsin.
           Naturally we are more than Interested in the
subject of water pollution control and abatement on the
Upper Mississippi River.  It affects the health and welfare
of every person in the area who looks to the Mississippi
and its tributary waters for boating, fishing, water skiing,
waterfowl hunting, waterside camping and picnicking and
other recreation.
           There is a tremendous Investment in dollar* and
pleasure at stake here.  Boating and other forms of water

recreation dependent upon the use of boats have helped nake
the recreational Industry one of the top five industries In
both Minnesota and Wisconsin.  The Minneapolis-St.  Paul
area is one of the leading metropolitan markets in the
country for outboard motors.  We estimate there are at least
131*000 outboard motors in use in this area alone.
           The boating industry likes to advertise going
out in a boat as clean, wholesome recreation with something
to offer the entire family, but this is a very hard sell
where waterways are polluted.  Polluted waters that are
offensive to senses of sight and smell and corrosive or
damaging to boat hulls take the refreshment out of boating.
           Any attempt on our part to estimate the number of
people who do not participate in pleasure boating because
of pollution would be guesswork, but we have reason to
believe that many are repelled from boating on certain
waters because of filth and slime and other repugnant condi-
           We know of one midwestern boating club who turned
their back on a river In their home community because the
river looked and swelled up to its reputation as a common
dumping ground for municipal sewage and industrial waste.
The club built a clubhouse on a sparkling Inland lake over
one hundred and fifty miles away, and the members haul their
boats hundreds of miles back and forth on weekends and

holidays for the sake of clean* Inviting water.
           Ironically, we have heard It said that the
tremendous Increase In the was of inland waterways for
boating, fishing and other recreational pursuits IB part
of the water pollution problem.  If recreational water-craft
do contribute to pollution, we submit it is very negligible
compared to municipalities who inadequately treat or do not
treat at all their sewage before discharging it into the
water, and industries which likewise fail to treat adequate13
their waste products.  If pollution from recreational water-
craft were completely controlled, we do not think it would
make any significant difference in the pollution problem
in general.  Nevertheless, we are eager to do everything
reasonably possible to eliminate recreational boating as a
source of water pollution however trivial.
           Is pollution from recreational watercraft really
s problem on the Upper Mississippi?
           If the problem does exist, it would probably be
most acute within areas of large concentration of boats,
such as marinas, where there is perhaps relatively less
dilution effect due to limited flow and other factors.
Obviously, an important and effective deterrent to pollution
in shoreside areas of heavy boat concentration is the
provision of adequate sanitary facilities.  Thus, marina
operators, both public and private, should be encouraged to

place reatrooms and trash disposals convenient to docks
and launching areas,
           Another aspect of the problem la the deposit
of rubbish and garbage overboard, particularly in areas
where, when washed ashore, it will prove a nuisance to
riparian property owners.  This kind of heedless behavior
is usually prohibited under general legislation found In
most states.  It is unlawful by statute in Minnesota and
Wisconsin for anyone to throw refuse into any waters of the
state.  £a a practical matter, however, effective enforce-
ment of such laws is difficult.
           This problem is not Insurmountable.  On our
public highways where littering was formerly a serious
problem it now seems substantially remedied by the twin
approach of education and enforcement.  Pines for an offender
are often very high, and more important, the public has been
persuaded to cooperate.  We are encouraged by anti-litter
campaigns for our waterways already initiated by boating
groups alone and in cooperation with organizations such as
Keep America Beautiful, Inc.
           If we may Judge by recent state legislation, the
greatest attention in the area of boat pollution today is
being devoted to regulating the operation of toilet facili-
ties aboard boats.  There are basically two legislative
approaches to this:


            1.  Requ.:;-;  ,'.-.-  -.:f > ; • ng va  all marine heads

     to prevent the  oat pollution problem is

discovered  or alleged.   For- example* in Wisconsin except

on Lake Winnebago, the ilaaisetppl River, and the Wisconsin

River for 15 miles abov* end below the dam at Wisconsin

Dells, it ia unlawful  to Maintain or operate any boat

equipped with a toilet utileaa  tfi.e toilet is sealed or

otherwise rendered inoperative ao that no human waste can

be discharged into the water.  This approach is deened

highly unfair since  rei%«-;natue alternatives do exist.  It

also seems  highly unrs&iisitio  aince It defies basic laws of

nature.  A  sealed toll«r     -areate problems of convenience

and etiquette but Is ua'ii.**.»,>• to prevent the deposit of

waste materials when *n« 'joo^Bion deffl&nd».

            A number oi" de^ic?* ar* na*¥ on the market which

                                                     n I "*  J
                                                     iij I jC

treat human wastes before they ^oaursieati  t«-  the water,

For the most part these ere (.rhlordnating uulfc.,; of  one  kind

or another.  Usually sosia maceration prooesa  3.;,;  also

involved prior to chemical trwatwenr,,

           Also recently develops are specia.t devices  to

hold waste materials until they oi-a, &e dispose,*  of in  waters

far off-shore not susceptible to pollution or at a special

ahoreslde facility.

           The availability of these marine toilet

appurtenances has given rise to a second fonn of state

legislation, which we consider to be a more reasonable  solu-

tion to the boat pollution problem.

           In 195? the state of New Hampshire,- %ffcer con-

siderable testing of the effectiveness of tnarlr.e r.hlorlnators

passed an act requiring that every toiler, on  any boat

operated on state waters be equipped with a etfcte-approved

treatment device, and prohibiting the JJachargK  of any

untreated sewage into the water,  the act; authorizes the

state's water Pollution Oorauiiii&loi) to determine  the adequacy

of treatment devices, and any device u«ed in  a boat on

New Hampshire waters must be constructed and  iivstalltd  in

accordance with regulations oi ch» Cossmia&lon,   State

registration of watercraft; equipped with tollata is condi-

tioned upon proof that the toll-efca ers fitted wltn an

approved treatment device.  All boat;:* navlng  toilet

facilities are subject to inspection at any time to see
that they comply with the law* and those that do not will
have their registration suspended if the equipment violation
is not corrected as soon as practicable.
           The New Hampshire aot was endorsed by the New
England Water Pollution Control Commission not long after
its adoption, and started a wave of action in the same
           Subsequently the Council of State Governments
Issued as part of its program of suggested state legislation
a model act very similar to the New Hampshire law.  At about
the same tine the Outboard Boating Club of America pub-
lished its "Model Act on Sewage Disposal from Boats,"  (A
copy Is appended to this statement.)  Both acts recommend
the use of marine toilets be permitted only with the affixa-
tion of a treatment facility or method authorized by
regulation of the state pollution control agency.  They
also authorize the state boat registering agency to refuse
to number boats with toilets unless they meet requirements
for treatment devices^  At the same time, it is suggested
that this problem remain exclusively under state jurisdiction
and that local units of government be expressly denied the
right to regulate in this area.
           Over the past five years the Outboard Boating
Club of America has distributed thousands of copies of its


model act without char&. to people in and out of government.

In this time we have se«r: six more states adopt laws

requiring boat toilets to t>« quipped with sewage treatment

devices.  Pour of these state*, Minnesota, Missouri, South

Dakota and Nebraska, are part of the Upper Mississippi

River and Its tributary aystem.

           Other states are known to be considering the

merits of requiring vessels to be equipped with treatment

devices.  Even as I present this statement, the legislatures

of three states are entertaining proposed marine chlorina-

tlon laws.

           Recognizing this trend in boat pollution regula-

tion, the Outboard Boating Club of America three years ago

took positive steps to prepare boat manufacturers for

installation of required treatment devices.  We published a

standard in our "Engineering Manual of Recommended Practices'

for minimum space requirements for marine toilets fitted

with chlorinator units.  (See copy appended.)  floatbuilders

are advised to leave a recommended minimum apace on craft

of size and design that can reasonably be expected to have

toilets so that any owner hereafter required or wishing to

install a sewage treatment device can do so without en-

countering structural difficulties.  Incidentally, the

American Boat and Yacht Council also has a standard on the

same subject.



           At the time we first published our recooiMnded   •

standard on this .subject, a Joint letter was sent by the    \


Outboard Boating Club of America and the National Asaocia-  f

tion of Engine and Boat Manufacturers to all known boat-

uuilders asking that they agree to leave the desired space.

There was no dissent.  Consequently/ we believe you will

find that virtually all boat manufacturers now provide

adequate space for sewage treatment devices.

           Today there are an increasing number of manu-

facturers interested in producing marine chlorinators.  They,

too, are conscious of the need for standards so that their

products will be universally acceptable to the various state

agencies responsible for approving treatment devices.

Recently these manufacturers have taken steps to come

together and cooperate with recognized testing authorities

to develop acceptable standards and criteria.  The U. S.

Public Health Service is also involved in this standard-

setting process.

           We are pleased to report that boating law

administrators,  too, have Jumped Into the fray to fight water


pollution.   At the last annual meeting of the National

Association of State Boating Law Administrators in Novwnber,

1963, the group pledged its  support to ant1-pollution

efforts by federal and state governments.  The administrators

will seek to do all within their power to curtail any


pollution by recreational watereraft,  but at the sane time,

they intend to see that boaters are not made the scapegoats

in particular pollution situations when the real culprits

and real causes are elsewhere.

           The National Association of State Boating Law

Administrators has appointed a  water pollution control

committee to Implement its aims and to serve as a liaison

with other agencies and groups  likewise concerned with the

abatement of pollution.  One of the committee members Is a

Minnesota man, Mr. Milton Johnson, Director of the Boet

and Water Safety Division in the Minnesota Conservation


           In closing, let me emphasize once more that

recreational boatmen are acutely aware of the necessity

and desirability of keeping prime boating water like the

Upper Mississippi River and its tributaries pure and clean.

The future of boating in this area Is  dependent upon it.

For this impelling reason, the  boating sport and industry

by and large have been, are and will continue to be self-

pollcing in the anti-pollution measures they follow.  It is

a minor  contribution to the campaign  against water pollution

we grant you, because pollution from recreational boats ie

a relatively minor problem.  But if we may borrow fro» a

famous slogan to make a pun, "Every litter bit helpii"

           Thank you, Mr. Chairman, for the opportunity of

taking part In this conference  to express our views.

                                                                O'stt'b'ottrd Industry Associations
                                                                  RECOMMENDED PRACTICE
                                                            SODIUM HYPOCHUORITI 5%
     Provision should bo made for the installation of
     marine  toilets with sewage treatment devices on
     outboard boats of size and design reasonably ex-
     pected to use such equipment.    •

     The envelope of dimensions showr is that obtain-
     ed  b\  the judicious selection of marine toilets
     \vhirh would be suitable in  size and weight for
     installation in outboard bo.its.

     The several chlorinator type treatment devices
     v,hi<'h are comnierciallv available may be  used
     Hith marine toilets ot other manufacturers.  Var-
     ious arrangements of intake and discharge plumb-
     .ti(;, fittings and through hull  connections are pos-
     sible  m the dimensioned volume as measured
from a flat cockpit floor.

Where toilets and  treatment  devices are of the
same manufacturer, these units may be assembled
in a somewhat smaller space.

The sewage treatment unit  need not be located in
close proximity to the toilet as shown.  However,
if the unit is so located, the dimensions given are
near minimum.

It is recommended that  all through hull connec-
tions below the water line be fitted \Mth accessible
sea  cock  connections.  Sea t oeks  ire available
that will not increase space requirements for the
complete  installation.
                               BOAT  ENGINEERING COMMITTEE


                       MODEL ACT ON

                      &WAOE DISPOSAL

                        PBOM BOATS


                  307 N.  Michigan Avenue

                   Chicago 1, Illinois

           All those who are interested in pleasure boating

have a stake in keeping our waterways free of pollution.
Waters which are clean, clear and sparkling are the most

attractive and afford the greatest satisfaction.

           Most pollution results from industrial waste and

municipal sewage which have been Inadequately treated (or

treated not at all).  In the total picture, pollution from

the use of toilets on pleasure craft is almost an infinitesi-

mal factor.  Yet we recognize that in areas of extreme

congestion, unregulated disposal of wastes from boats can

be annoying.


           This problem ordinarily Is present only In busy

harbors, mooring areas immediately adjacent to swimming

beaches, and small lakes with many residences on the

perimeter.  For such places there is a solution in the form

of a reasonable regulation.  This model law is the suggested

form of suoh a regulation.

           There are now available inexpensive devices which

can be attached to marine toilets which effectively prevent

pollution.  These make unnecessary the adoption of the harsh

rule requiring the sealing of all boat toilets while in

certain areas.

           The following model law is based substantially

upon an act passed by the state of New Hampshire in 1957

and which took effect December 31, 1958.   This statute was

in turn endorsed by the Council of State  Governments, a non-

partisan organization supported by all of the states devoted
to the improvement of state government.  As an introduction

to the statute which was suggested be adopted by all of the

other states, the Council said:

           "The popularity of cabin cruisers and house-

     boats has shown a marked increase in recent years.

     Such craft are capable of handling a number of

     passengers and can lodge then with reasonable com-

     fort for extended periods of time.  This leads to

     the creation of a sewage disposal problem, perhaps

     "small when there :i"« few 'Doats on a large body

     of water, but of -,.= .'Ch nore serious proportions

     when the water area la a assail lake or if the
     number of boats becomes

           "In Borne of t;S;« states, rucreatlon and

     vacation facilities; have kttiioiue a major industry.

     Lakes and rivers rank aa primary attractions a«ong

     such facilities.  If polluted, they immediately  lose

     their attract iv@nea & ana become a positive menace.

     Hence the need for early and effective action

     against potential blight caused by careless sewage


           The New Hampshire statute upon which the followin

model is based also has the endorsement of the New England

Water Pollution Control Com«iasion.


           An Act relating to marine toilets and disposal

of sewage from boats.

           The technical requirements of what must be

     included in the tit).* vary fross state to state.

     These requirements aiust be adhered to exactly or

     the statute will be hald to bt invalid by the courts.




           The tern "watercraft" means any contrivance used

or designed for navigation on water.

           The tern "sewage" means all human body wastes.

           The term "marine toilet" means any toilet on

or within any watercraft.

           The term "waters of this state" means all of the

waterways on which wateroraft shall be used or operated.

           NOTE:  In some states it may be desired to

     Halt the application of this act to certain waters

     only and thereby exempt large bodies of water where

     there la no conceivable boat pollution problem.

     The affected areas could be listed or the Commission

     be authorized to make a finding that a particular

     waterway should or should not be covered by the act.

           The term "Commission" means the (here enumerate

the state agency which shall administer this act).

           The choice of agency is of course a matter

     for each state to decide for itself.  It is recom-

     mended, however, that consideration be given to

     the state agency dealing with water pollution prob-

     lems in general.

           The term "Department" means the (here Insert


state agency which issues certificates of number for pleasure

boats ).



     No marine toilet on any watercraft operated upon waters

of this state shall be so constructed and operated as to

discharge any inadequately treated sewage into said waters

directly or indirectly.  No watercraft shall be so equipped

as to permit discharge from or through its marine toilet,

or in any other Banner, of any Inadequately treated sewage

at any time into the waters of this state, nor shall any

container of such inadequately treated sewage be placed,

left, discharged or caused to be placed, left or discharged

in or near any waters of this state by any person at any

time, whether or not the owner, operator, guest or occupant

of a watercraft.

           This section prohibits the discharge of any

     untreated sewage.



     Any marine toilet located on or within any wateroraft

operated on waters of this state shall have securely affixed
to the interior discharge opening of such toilet a suitable
treatment device in operating condition, constructed and
fastened in accordance with regulations of the Commission,
or some other treatment facility or method authorized by
regulation of the Commission.  All sewage passing into or
through such marine toilets shall pass solely through such
devices.  The Commission shall have authority to carry out
the provisions of this act by appropriate regulations.
           As previously noted, these treatment devices
     are now available at very moderate cost.   With
     further improvements likely in the near future, it
     is unwise to "freeze" any particular specifica-
     tions for such a device in the statute.  All tech-
     nological changes can be readily incorporated into
     rules and regulations.  Note that the basic idea
     behind these devices is not patentable.


     Through the passage of this act, the state fully
reserves to Itself the exclusive right to control the
discharge of sewage from marine toilets.
           With this law on the statute books  of the

     state, there is no need for any additional or
     differing local rules.   The latter could only aerve
     to confuse and harass the boating public.


     All watercraft located upon waters of this state shall
be subject to inspection by the Commission or any lawfully
designated agent or inspector thereof at any time for the
purpose of determining whether such watercraft is equipped
in compliance herewith.

     The Department may require persons making application
for a certificate of number for* a watercraft pursuant to
(here give statutory citation to state Boat Numbering Act)
to disclose whether such watercraft has within or on it a
marine toilet, and if so, whether such marine toilet Is
adequately equipped with a treatment device securely
affixed thereto as required by this act.  The Department
is further empowered to refuse to issue a certificate of
number or a renewal thereof if such treatment device has


not been affixed as required by this act,



     Any person who violates any of the provisions of this

act or regulations of the Commission promulgated hereunder

shall be deemed guilty of a misdemeanor and upon conviction

shall be punished with a fine of not more than $100,  or by

imprisonment of not more than 30 days, or by both such fine

and Imprisonment at the discretion to the court.



     A copy of the regulations adopted pursuant to this

act, and any of the amendments thereto, shall be filed In

the office of the Commission and in the office of the

(official state record keeping agency).  Rules and regula-

tions shall be published by the Cosnission In a convenient





     If any court shall find any section or sections of

this act to be unconstitutional or otherwise invalid, such

findings shall not affect the validity of any sections of

this act which can be given effect.


     The effective date of this act shall be 	

           It is suggested that the effective date of

     this act be delayed so that all persons affected

     by its provisions will have a reasonable amount of

     time to become acquainted with it and secure the

     required treatment device.)
     MR. SMITH:  This is the extent of the reports, except

that the reporter has been instx^ucted to put some additional

information into the record which has been supplied to him.

     MR. STEIN:  Very well.

           (The additional infornation requested to be

copied into the record la as followss

                                                       1687 !
North Star Concrete Products Company, Mankato

           This company la engaged In the washing of aand

and gravel at a site on the Minnesota River.  Some of the

material Is obtained by dredging in the river.  Waste water

and tailings from the washing operations are treated in a

clarification basin which overflows to the river.

Archer Daniels Midland Company, Mankato

           The company is engaged in soybean oil extraction

and refining. Cooling water and water conditioning wastes

are discharged to a ditch which drains to the Minnesota

River.  The process wastes ar« discharged to the municipal

sanitary sewer after passing through an oil separator.

Blue Cross Rendering Company, Mankato

           This plant is located on the east bank of the

Minnesota River in the northern part of Mankato.  The plant

processes dead animals, meat scraps and animal offal to

produce non-edible fata and a high-protein feed additive.

The liquid wastes are discharged to tht river after treat men1


The treatment facilities consist of a grease trap for the

cooling water and condensate, and a biological filter plant

for the process wastes.

Gopher State Silica Company

           The plant ia engaged in the washing and grading

of silica sand at a site near the Minnesota River a few

miles downstream from St. Peter in LeSueur County.  Water

for plant operation is pumped from the pit and Cody Lake

and discharged together with tailings from th« washing and

grading operations to a clarification basin which overflows

to Cody Lake and the Minnesota River.

Green Giant Company, LeSueur
           This plant is located adjacent to the Minnesota

River and is engaged In the canning and freezing of peas

and corn.  Operation of the plant is seasonal.  Liquid

wastes from the operation include cooling water, corn silage

stack liquor and water used for cleaning of the ptent and

equipment.  The total waste flow is reportedly about 1 mgd,

The process wastes and silage liquor are disposed of by

means of a ridge and furrow irrigation field.


Minnesota Valley Ml Ik^Prpceaaing Cooperative Association,

           The plant IB located on the right bank of the

Minnesota River.  The principal activity is the drying of

non-fat milk for human consumption and it is one of the

largest plants of its kind in the state.  Liquid wastes

consist of cooling and condensing water, losses from milk

drying, and tank truck washings as well as equipment and

floor washings.  The cooling water is segregated from the

process wastes.  The sanitary sewage is segregated from the

process wastes, and discharged to a septic tank followed by

a soil absorption field.  The company is currently engaged

in making engineering studies for construction of process

waste treatment facilities.

Rahr Malting Company, Shakopee
           This plant produces malt from barley.  The processes

consist of steeping, germination, and drying.  The wastes

produced consist of cooling and wash waters.  The total waste

water flow amounts to about 3 mgd of which about 75# is clear

cooling water.  Basket screens are located at points within

the plant to catch residual grain.  No further treatment is

provided, but an allowance was made in the design of the citj

interceptor sewer to permit discharge of the process wastes
into the city system at some future date when additional
treatment facilities are provided by the city.

Owens -Illinois Glass Company, Scott County

           This plant manufactures paper boxea and other
containers from paper stock.  Processes consist of cutting,
forming and gluing.  The major process waste consists of
residual starch and this is treated with sanitary stwage
in an activated sludge plant (package unit) which is
designed for a flow of about 0.015 »gd.  The effluent Is
discharged to the Minnesota River via a ditch.

Cargill, Inc., Savage
           This plant is located on the right bank of the
Minnesota River and is engaged in extracting and refining
soybean and linseed oil.  Waste treatment facilities consist
of screens and an oil separator.  Treated wastes are dis-
charged to the Credit River near its confluence with tht
Minnesota River.
           Extensive storage facilities are provided st Port
Cargill in connection with barge shipment of vegetable oils
and soybeans.

Northern States Power Company, Black Dog Plant, Burnsvllle
Township, Dakota County

           This steam electric generating plant is located
on the Minnesota River about 8 miles above the raouth.  The
plant has a net capability of about 460,900 kilowatts and
under maximum capacity operation rejects about 2,460 x 10
BTU/hr.  A condensing water reclrculation pond is used so
actual heat losses to the river are not known but are
estimated to be considerably lees than the plant rejection,
although this is to some degree dependent upon river levels
and water temperatures.  Maximum cooling water flow is
about 300,000 gpm with recirculation dependent on river
           Ashes are handled hydraullcally and used for
fill on the plant grounds.  The ash flume water is clarified
by means of a settling pond.

Twin City Barge and Towing Company, BurnsvilieTownship,
Dakota County^

           This company operates stationary barge cleaning
facilities on the right bank of the Minnesota River in
Burnsville Township.  The facilities are operated during
the river shipping season only.  In general, the operations


consist of cleaning coal barges so that they can be loaded

with grain.  Wastes from the opas-ations Include «?oal and

grain mixed with wash water, most of which is discharged

directly into the river without treatment.  The company

does not usually clean barges which have been used to trans-

port liquids, but occasionally will clean barges which have

been used to transport sulfur, phosphate rock, or similar


           A study is being made by the company to determine

if the wet cleaning now done can be replaced by dry cleaning


Minnesota Harbor Service
           The company is engaged in cleaning of barges on

the right bank of the Mississippi River upstream from the

High Bridge in St. Paul.  The barges cleaned are mostly

coal and grain barges.  Wastes from the operation consisting

of wash water containing some coal or grain are discharged

directly into the river without treatment.  It la reported

that the company does not clean barges which have been

used to transport liquids, but occasionally will clean

barges which have been used to transport sulfur, phosphate

rock, or similar materials.  These operations are seasonal.

Recommendations have been made to the company to Improve


their waste disposal practices but no information has yet

oeen received as to changes to be made.

Twin City Barge and Towing Company

           The company operates mobile barge-cleaning

facilities on the Mississippi River in the Port at St. Paul, j

The facilities are operated during the river shipping season

only.  In general, the operations consist of cleaning coal

barges so that they can be loaded with grain.  Wastes from

the operations include coal and grain mixed with wash water,

most of which is discharged directly into the river without

treatment.  It is reported that the company does not clean

barges which have been used to transport sulfur, phosphate

rock, or similar materials.  Studies are underway by the

company to determine if dry cleaning methods can be substi-

tuted for the present method of wet cleaning of the barges.

Northern States P°wer Company, Proposed R. P. Pack Plant

           This proposed steam electric generating plant

will be located on the Mississippi River at the south city

limits of St. Paul (between the Minneapolis-St. Paul Sanitarj

District sewage treatment plant and the South St. Paul

sewage treatment works).  The Initial stage of construction


is scheduled for completion In 1968.  It will product

500,000 kilowatts and have a heat rejection to the river

of about 2,100 x 106 BTU/hr in a cooling water flow of

about 250,000 gptn.  Under these conditions, the condensing

waters would have about a 17°P rise in temperature.

J. L. Shiely Sand & Gravel Company

           This company is engaged in washing sand and

gravel on Grey Cloud Island in Inver Grove Township,

Washington County.  Waste water, together with tailings from

the washing operation, is discharged to clarification basins,

The effluent drains into the river.
Liquid Carbonic, Division of General Dynamic Corporation,

Dakota County
           The wastes consist essentially of cooling

water and a email amount of process chemicals used in the

production of solid and liquid carbon dioxide from gas

supplied by St. Paul Amnionla Products, Inc.  The waste it

pumped into the forcemaln which also carries the waste from

St. Paul Ammonia Products, Inc.  Treatment consists of

reaction with the ammonia plant waste in the pipeline.

Reports are submitted monthly with the report of St. Paul

Ammonia Products, Inc.


Northwest Cooperative Ml lie. Inc. j>_ Dakota County.

           The waste disposal facilities for this phosphoric

acid and ammonium phosphate fertilizer plant consist of a

gypsum storage lagoon, pumping station, and storm water

collection system with detention pond and conductivity

sensing system.  The lagoon is designed for an average

waste flow of 4.32 mgd and is operated essentially aa a

closed system with the lagoon effluent being reused in the

plant.   Qypsum is stored permanently in the lagoon.  Plant

area run-off is monitored, and when found to be of unsetis-

factory quality, is diverted to an emergency detention pond, j
           The company has recently found some small leaks   j

from the gypsum pond to the river and corrective action is

underway to locate and seal the leaks.

D. H. Hudson Manufacturing Company
           This plant is located upstream from the USH 61    j

bridge in Hastings.  The company is engaged in the roanufacturfe

of spraying equipment.  The wastes include paint scrubber    j

water and metal finishing wastes, both of which are dis-     j
charged to the Mississippi River.  Waste treatment facilities!

consisting of chemical reduction and precipitation have been ;

provided, and studies are in progress in regard to facilities

for dispersion of the effluent.

Foot Tanning Company

           This plant Is located In Red Wing on a ••All
creek a short distance from the Mississippi River,  fte
company does both chrome and vegetable tanning.  The waatt/a
are screened and discharged to a series of sedimentation
basins which overflow to the creek.  The existing facilities
are considered the first stage of total waste treatment
facilities which may be required to avoid unsatisfactory

Northern States Power Company, Red Wing Plant
           This steam electric generating plant has a net
capability of 29,000 kilowatts and is located on the
Mississippi River at Red Wing.  Heat rejection to the river
at maximum capacity is about 17^ x 10  BTU/hr.  The ooollng
water flow la about 37.000 gpm when operating at maximum
capacity with the river temperature In excess of 70°F.
Under these conditions the temperature rise through the
condensers is about 9°F.




(*  Not  Including those which are a  part of a "wet" industry

which  is  listed as  having a separate waste outlet.)
 Western Oil and Fuel Company, Minneapolis

           The company is  located on the right bank of the

 Mississippi River upstream from the Minneapolis municipal

 dock.  The company is engaged in the marketing of gasoline

 and  fuel oils which are received by barge, stored and shipped

 by tank truck.  The total storage capacity at this sit« i»

 about 7- million gallons in 20 tanks.  Dikes are provided

 around all of the tanks and each dike reportedly provides

 secondary containment capacity of about 120 per cent of the

 Capacity of the tanks enclosed.

 Industrial Molaasea Company, St. Paul

           The company ia located on the left bank of the

 river upstream from the Minneapolis-St. Paul Sanitary

 District plant.  The operation consists of receiving,

 storing and shipping of industrial molasses.  The company

 has dock facilities on the river, and generally receiver the


molasses by barge or rail, and ships by truck or rail.  No

dikes or other secondary containment structures are provided

around the molasses storage tanks and In the event of a

major tank rupture molasses could drain Into the river.)
                         * * #
           MR. STEIN:  This concludes the Minnesota presenta-

tion, I take It?

           MR. SMITH:  Yes.

           MR. STEIN:  In view of the time limitation,  I

understand we may very well be out of power here literally.

           DR. MARGRAVES:  You were speaking about pressing

a button and finding no power.


                    Closing Statements                       ,

           MR. STEIN:  I think we may be able to combine

the summary and discussion In one.  All of these statements

will be carefully considered and, as I see this, they will

be most helpful In formulating a solution.

           Prom the expressions that I have heard,  the

conferees may be rather close together.  1 would like to take

;"r. Hargrave a' statement.   He says:                          \
           "At the outset, It should be made clear

     that no one denies the existence of pollution in

     the stretch of river Immediately below the Twin

     Cities or questions the need of Improvement."

           The report of the Department of Health,  Educa-

tion, and Welfare indicates that industrial, municipal and

Jtortri overflow sources have created what in their opinion

1s a pollution condition,  which creates a health hazard for

those engaging in water contact sports, causes visual

nuisances, interferes with fish and fishing, causes sludge

banks which give off noxious odors and floating sludge, and

Interferes with bottom aquatic life and feeding and spawning

grounds for fish propagation.

           The Minnesota group, which has the large bulk of

Industries and municipalities in this area, by virtue of

indicating their future plans, certainly believes that

adequate remedial facilities have not been constructed

                    Closing Statements
yet.  As to the nature of the delay*, the delays, If any,
come from the very problems that you have in dealing with a
large, complicated metropolitan area.  You may be very
much better than a lot of other metropolitan areas, but
this problem is indigenous to these large metropolitan areas
throughout the country.
           It is pretty evident too that both State agencies
concerned have active and vigorous programs.  All the people
who have participated here, the municipalities, the indus-
tries, the citizens' groups, all want a clean river.
           The differences may lie in the factual basis of
what we mean by "a clean river" and "no pollution," and what
has to be done about it.
           It is our conviction that given the faets and
the data, reasonable men can agree on what should be dene
in dealing with pollution or a measure of pollution.  After
all, we are dealing with a physical measurement of a material
thing, and I think reasonable men can agree on this.
           We have been anked here by the Governors of both
States on all aspects of the intra and Interstate aspects
of pollution.  We are proposing that the Department of
Health, Education, and Welfare engage in an intensive
survey of the stretches of the river covered by the reports
here, and do this In conjunction with both State agencies.

                    Closing Statement
           Let mm go back again to Dr. Hargraves1 report
for Minnesota.  He says:
           "The Commission welcome* the opportunity to Join
with the U. S. Public Health Service in their announced
study of river condition* in this area and suggests that
the Wisconsin Committee on Water pollution be Invited to
participate."  — participate both on a technical level with
the group, and in an advisory and guidance capacity, so we
can arrive at agreement on methodology, and when the report
and study are completed it can be useful to all parties
           This report, as has been Indicated here, should
include but not be limited to municipal wastes, industrial
wastes, Federal installations, thermal sources of pollution,
agricultural sources, bulk storage areas, pipelines and
barges, to tributaries of the Mississippi River, collfora
bacteria, B.O.D.'s, suspended solids and sludge deposits,
oil, algae, tastes and odors, and pesticides.  The studies
can be modified or expanded, as the technical committee will
           For the information of some of you, we already
have a resident group here as a nucleus.  Mr. prince is our
Resident Director of the study, and he is headquartered in
the Twin City area.  Ms are now staffing up for the study.


                    Closing Statements

We cordially ask both Minnesota and Wisconsin to join us in

this, in its technical and policy direction, and to provide

as much assistance as they can from their programs.

           It ia our conviction that we are a public agency

doing public business in a public manner.  We would not like

to go behind closed doors with the study.  We would like to

report to the people from tine to time.

           When the results of the study are completed, we

would suggest that we can then hopefully have agreement of

all parties concerned, that is, municipalities, Industries,

citizens' groups, and the State and Federal agencies.  At

that time we can reconvene a session of the conference and

aee where we are going.

           I should point out that in no way should this

study be construed as being Something superimposed on the
normal operations of the Minnesota or Wisconsin pollution

control authorities.  The program they have for clean-up

obviously is the irreducible minimum that ia needed.  No one

should think that the study is going to change this, or that

the State authority's programs should not go forward.  The

point is that this is to augment that and supplement that,

but not be a substitute for the State programs.

           The essential way to get pollution cleaned up is

still a Federal-local situation.

                    Closing Statements
           MR. SMITH:  I would like to ask, by "tributaries"
you »«an the tributaries as defined in tha call of the
           MR. STEIN:  As defined In Mr. Rademacher's
           MR. SMITH:  Also, did you include low-flow
augmentation in the studies?
           MR. STEIN:  No.  We did not include low-flow
augmentation* but I think that is appropriate to include in
the studies.
           You have to understand here that on low-flow
augmentation, we have to act under our own statutory
authority on call of the Corps of Engineers or the Bureau of
Reclamation,  Here it would be the Corps* but I don't think
there will be any problem in adjusting that.
           MR. SMITH:  I think it also should be understood
that this may curtail the State water pollution control
program, depending upon the extent to which it is necessary
for us to participate in this study with your people* over
and above what we normally would be doing.
           MR. STEIN:  I understand that.
           Let me say this:  we would welcome any assistance
we could get from either State.  However, we are prepared
to underwrite all the technical staff work on the study*

                      Closing Statements
completely, if we have to,  but It is always better,  if it It
possible, for State people to participate at any level.
           If you can't participate on the operating level,
certainly we can have participation in technical advisory
groups and committees.
           MR. SMITH:  Yes.
           MR. STEIN:  Are there any other comments?
           DR. HARORAVES:  There Is Just one short state-
ment that I an going to give to you, but I will tell you the
sum and substance of it at the end.
           Inasmuch as the Commission has gone on record
as favoring the Metropolitan Sanitary District, we are
just submitting this hope,  if you will, that the coning
study and report can be planned and carried out so that
the features bearing on metropolitan sewage disposal will
be completed in time for reporting the findings'and recom-
mendations thereon by the opening of the next session of
the Legislature in January of 1965.
           Otherwise, there is another good excuse to go
two more years before any accurate legislation may follow.
           MR. STEIN:  Wd will make every effort to get
those aspects of the study completed, which will fit the
exigencies of the State program.
           The purpose of the study Is to assist the State

                      Closing Statements

program, not deter it.  We have, In studies in the past,

given priority to those items that State water pollution

control agencies considered the most important ones.  If

you think that item should be given priority, I am sure it
will be given, and, if it is humanly possible, the deadline

will be met.

           DR. HARQRAVES:  Aa I said before, we welcome the

survey of the Mississippi River to be made by the Public

Health Service because it will yield much valuable informa-

tion which we could not obtain with our limited funds and

manpower.  However, we are concerned because this survey,

as announced, will not be completed until some time after

the 1965 session of the Minnesota legislature.

           Important measures affecting the sewage disposal

of the Twin City metropolitan area and the pollution of

the Mississippi River below will undoubtedly come up for

consideration at that session.  Some of them will be highly

controversial.  The fact that a government survey of the

river is in progress will very likely be seized upon by

opponents of these measures at an argument for delaying

action thereon until after the survey is completed.

           The most important measure In this category is

the proposal for creating a metropolitan sanitary district

to provide a unified sewage disposal system for the entire

                      Closing Statements
territory Including and surrounding the Twin Cities that
is likely to be developed for residential use In the fore-
seeable future.  This would supersede the present
Minneapolis-St. Paul Sanitary District, which embraces only
those two cities and handles sewage from suburban units
under contracts.  The Commission has supported the metro-
politan proposal as being the most effective and economical
means of sewage disposal for the entire area.
           A bill to create a metropolitan sanitary
district was introduced at the 1961 session of the Legis-
lature, but failed to pass because of disagreements among
the affected municipalities over governmental and financial
problems.  A revised bill was introduced at the 1963
session, but that too failed to pass, partly because it came
in late and partly because the Legislature had passed the
Roaenmeler bill and the Aschbaoh bill with the Idea that
some of the provisions of those bills would serve for
dealing with at least the most pressing metropolitan area
           The Commission intends to make the fullest
possible use of these provisions.  However, we have grave
doubts that they will be adequate for dealing with some
serious problems which will demand action in the near
future.  Among these problems is the provision of adequate


                      Closing Statements

trunk or interceptor sewers of sufficient size to handle

the increased sewage flow from outlying areas which are

not yet developed, but which are bound to be developed

within the next ten, twenty, or thirty years.  These are

costly long-range projects.  Programs for their construc-

tion should be initiated soon so that they will be ready

in tine to avoid another serious situation of overloaded

facilities such as we now have.

           The Commission believes that a metropolitan

sanitary district is needed to handle these and similar

Important problems which are beyond the capacity of

existing agencies, even under the provisions of the

Rosenmeler and Aschbach bills.  If the proposal for creating

such a district la not acted on at the 1965 session of the

Legislature, it will mean another two years of delay.
           We therefore hope that the coming river survey

can be planned and carried out so that the feature* bearing

on metropolitan sewage disposal problems will be completed

in tine for reporting the findings and recommendations

thereon by the opening of the next session of the Legis-

lature in January, 1965.  Continuation of other aspects of

the survey thereafter may, of course, be necessary and


           MR. STEIN?  Mr. Muegge?

                      Closing Statements
           MR. MUEOQE:  I prefer reading mine into the
           MR. STEIN:  Yes.
           MR. MUEOQE:  Don't be alarmed.  This is short,
but I read it because I am quite sure I can do that better
than the reporter can read my writing.
           It appears that the Water Pollution Control
Agency of Wisconsin has had continuing programs to bring
about better stream conditions, said programs encompassing
the boundary waters of Wisconsin, Including the St. Crolx
and Mississippi Rivers.
           In Wisconsin, while we do not claim perfection
for our statutes, those dealing with water pollution control
have generally proven adequate for the task, and no
shortage of personnel has handicapped Wisconsin's efforts
to abate and eliminate pollution of the interstate waters
under consideration here.
           In Wisconsin, the combined agencies, the State
Board of Health and the Committee on Water Pollution,
operating generally on the river basin clean-up program,
have, up to January 1st, 1964, Issued orders on 1,125 pollu-
tion sources.  Acceptable compliance has been gained In
some 890 cases, including some where legal proceeding* were
instituted.  Usually the start of legal enforcement was


                      Closing Statements

sufficient to produce a start on planning and construction.

           Conferences between owners of unsatisfactory

installations and representatives of the control agencies

have also been most effective in bringing about voluntary

compliance initially, or compliance without court action

where order compliance dates were not net.

           In the region covered by this conference* orders

were, in some cases, necessary to start a sewage treatment

project on its way.  Today, as previously indicated, all

sewered communities in the region have provided treatment

facilities.  In fact, all sewered communities along our

Interstate boundary streams with Minnesota and Iowa have

such facilities, notwithstanding the large volume of dilu-

tion water that is available and which is utilized in the

lower reaches of the Mississippi River.
           In closing, I wish to assure the conferees that

the pollution control agencies of Wisconsin will participate

in the proposed study project, Insofar as their interest

may appear, and in keeping with staff and fund limitations.

           We would, however, suggest that the region under

study be extended up through St. Crolx Palls and Taylor

Falls community.  Should this be done, the study will then

mesh with the proposed study for the upper clean water

reaches of the St. Croix River.

                      Closing Statements
           MR. STEIN:  Thank you, Mr.  Muegge.   I think we
have a consensus hare that It would be entirely appropriate
for the study to be extended to the areas you suggest.  If
there is any objection, let me hear it.
           DR. HARQRAVES:  No.  That is the finest stretch
of water we have between the two States.
           MR. STEIN:  All right.  I have just one or two
small chores left.
           First, I think we should indicate that the kind
of study we are engaged in is a study to come up with an
action program, not just a study to go on the shelf,
           I an sure, seeing the two agencies here and the
people here, we can confidently expect an action program.
           I think some of you may know our reputation too.
There should be a consensus on action.
           I might also point out the kind of magnitude
of the study.  For this fiscal year, we will have available
about $250,000 for that.  If it has to go another fiscal
year, you never can predict what the Congress is going to
vote, but our intention is to continue it at the same rate.
I don't know, and we will have to hear from our technical
people how long this will take.
           Just to make the report complete, I have a
letter here from a Miss — maybe it is not Miss —

                      Closing Statements
Elukaszewskl, 3713 York Avenue, Minneapolis, wherein she
           "Can the heavy dosage of big city streets
      with salt be included in the Committee's con-
      sideration of river pollution problems?"
           I understand that is a problem here.  Certainly,
the technical committee will consider that.  I don't know
what oan be done about it.
           I would like to thank you all for coming and
participating.  I think we have achieved a program which
should lead to very productive results.  While I recognize
all the views that I have heard from the audience and
others, and I am very sympathetic with them, I think both
States should be commended for the efforts they have made
in this area, considering the limitations of their personnel
and their funds.  You have to consider these things.
           I do think that if you went around the country
and saw how pollution problems were handled, you would
realize that in coping with a metropolitan problem, as is
presented by St. Paul and Minneapolis, your State agencies
have done a job — and I can say this after listening to
this for several days — which in my opinion hat been as
good as any State has done in  dealing with this problem.
           I would like to thank you all for coming and

                      Closing Statements

participating In this.

           I want to say just one more thing — and this

Isn't like a Beethoven symphony; It Is going to end some-

time — I think the problem is so big in tbi» area that we

are going to need the concerted effort of all — the

citizens' groups, the industries, the municipalities, the

State agencies and the Federal Government — in order to

handle this problem.   There is enough work for all of us

to do.

           Thank you very much.

           We stand adjourned.

           (Whereupon, at !?:35 p.m., the Conference was

adjourned. )

                  REPORTER'S CERTIFICATE
          I, AL M. ZIMMER, do hereby c«rtlfy that I was
present at the time and place first hereinbefore set forth,
the aforementioned parties appearing) that I took down in
shorthand the entire proceedings had at said tl«e and place;
afterwards transcribed said shorthand notes; and that the
foregoing 1712 pages constitute a true, correct and complete
transcript of my said shorthand notes.
                                 Al M. Zionar
March 6, 1964.


                   STATE OP MINNESOTA
                    UNIVERSITY CAMPUS
                    February 14, 1964

Mr. Murray Stein
Chief, Enforcement Branch
Department ;f Health, Education, and Welfare
Public Health Service
Washington 25, D. C.

Dear Mr. Stein:
          We are enclosing a copy of a letter received from
C. David Loeks, Director., Twin Cities Metropolitan Planning
Commission, with a copy of a statement prepared for

                                                      1715  •

presentation at the Conference held in St. Paul on February

7 and 8, 1964.

          You will note that this statement is submitted for

the record.


                         /s/ Robert N. Barr, M.D.           :

                             Secretary                      ;

Enclosure                                                   ',

P. S.  Also enclosed is a copy of a letter from Bonestroo,  '

Poaene and Associates, for the Townships of Cottage Grove

and Woodbury.  This letter is also submitted for the record.',
                         * # #                               j

Griggs-Midway Building - University at Fairvlew - Saint Paul!

                 4, Minnesota, Midway 5-919**

                                 February 11, 1964

Mr. Robert N. Barr, M.D., Secretary

Water Pollution Control Commission

-"tate of Minnesota

Minnesota Department of Health Building

University Campus

Minneapolis 14, Minnesota

ATTENTION:  Mr. Lyle Smith

Dear Mr. Smith:
          This Is to officially submit for the record two
coplea of a statement prepared for submission at laat Friday
and Saturday's Water Pollution Conference.  As you know, Mr.
Dalglish did not have an opportunity to present this state-
ment In person.  However, we would like this material to be
in the record.
If you would like additional copies, please contact

      /s/     C.  D. Locks
              C.  David Loeks, AIP
Enclosures (2)


          My name Is James J. Dalglish.  I appear here as
Chairman of the Twir Cities Metropolitan Planning Commission
and would like to submit the following statement in,its
          The Twin Cities Metropolitan Planning Com»l8sion
was established by an act of the 1957 Minnesota State
legislature (MSA 468), and provides advisory metropolitan
planning service for the area consisting of Anoka, Dakota,
Hennepin, Ramsey, Washington, Scott and Carver counties.
The Commission consists of 3O members who are broadly
representative of the civic and governmental Interest* of
the Twin Cities Metropolitan Area.  It speaks with the
interests of the Metropolitan Area as a whole in mind.
          The Commission, in cooperation with other
government agencies, has studied the water pollution
problem as a component of the larger question of water
resource management.  Its findings and conclusions have
been distributed widely in published reports.  Since these
constitute the best record of the Commission's thinking

on this subject, I'd like to enter the following documents
into the record:   <*ater report* parts I * II, sewer report,
parks report, and the policy atateaent on sewers..
          In the Interest of brevity, I'll confine »y
statement to a summary of the present and future status of
the water pollution problem as seen from the metropolitan
vantage point.  When I'm through I'll be happy to answer
your questions.
          What is the present situation?  Basically, It Is
this:  people of the Metropolitan Area, through study and
community debate over the past several years, have arrived
at a general agreement that secondary sewage treatment for
all aieaa developed at urban density is necessary to the
protection of the Area's water resources and the public
health.  Moreover, it also la generally agreed that a
metropolitan approach is needed to build and finance the
major collection and disposal facilities that will be
required.  The Minnesota State Legislature has formalized
this consensus in two ways.  Policies being implemented
under the "Rosenmeier Law" (which is state-wide in its
application) prohibit the discharge of sewage effluent
into a water course in this Area unless the sewage has
oeen given secondary treatment in a manner satisfactory
to the State Health Department and the Mater Pollution
Control Commission.  Under the "Ashbaoh Law" the


Minneapolis-Saint Paul Sanitary District has been charged

with the responsibility of developing an area-wide plan

for the collection and treatment of sewage for that part of

the Metropolitan Area which can be served by a central plant\
Work on this plan is progressing and a report of its

findings and recommendations will be made to the 1965 Legis-

lature.  £t the same time this plan is being developed,

the Minneapolis-Saint Paul Sanitary District is undertaking

a major expansion and conversion of its Pigs Eye Island

plant to secondary treatment.  It is committed to a policy

of cooperation with suburban communities to see to It that

disposal service is provided for sewage collected by local

systems within its tributary area.  The area embraced by

its study currently contains 70# of the Metropolitan Area's

1,600,000 people.  By the year 1990 when this Area will

have over 3 million people, approximately 80# of th« Area's

population will be served by this central collection and

disposal facility.  A major part of the rest of the Area

will be served by local or sub-metropolitan systems.

          The future effect of current policies will bt

that the water in the Mississippi River leaving the Twin

Cities Metropolitan Area in the year 2000 will b« in

significantly better condition than It is today.

          If I am correct in asserting that the Area is

well on its way to solving the sewage treatment aspects of

the water problem, what remains to be done?  Basically,
we feel that there la a need for a better set of ground
rules within which the different users of water can compete
for the use of this resource.  Certainly there must be a
way in which the water users and the various levels of goverji-
ment concerned can resolve their conflicts on the basis  of
equity rather than on the basis of "who gets there first."
          As mentioned earlier, we in this Metropolitan
Area look at waste disposal as but one aspect of the over-
all problem of water resource management.  To illustrate,
in the Metropolitan Area we have the very real problem of
providing a safe supply of water for the 4 million people
who will be here by the year 2000.  We are also concerned
with preserving the Area's beautiful lakes and rivers for
such recreational uses as boating, fishing, and swimming.
Moreover, the Area's rivera are important to our economy
as transportation arteries.  Obviously, these related
uses Interact and in many instances compete for the use  of
the Area's water resources.  For example, using our rivers
for the disposal of sewage affects recreation and water
supply.  The amount of water taken from the river for
domestic and industrial use affects the amount of water  that
may be available downstream for the disposal of treated
sewage effluent.  On the other hand, the amount of water
in the Mississippi River available for either consumption

or sewage disposal is affected by policies governing the

management of Its headwater reservoirs.  And these policies

in turn must also be influenced by the recreation Interests

in those areas.

          A major portion of the lower St. Croix River

Valley is bound to be affected by the location and character

of metropolitan growth.  This not only concerns those who

reside in the St. Croix Valley area, but It will also

influence the tremendously Important role that the St.

Croix River playu as a major recreational resource for the

people of the entire region.

          This situation Is not only functionally complex,

it is also organizationally complex.  Part I of the Metro-

politan Planning Commission's water study revealed that at

the time the study was made, that in addition to the many

private interests there were over 124 organizations represenjt-

ing all levels of government that had a direct concern with

or influence on the use of water in the Metropolitan Area.

          These are a few examples that dramatize what we

feel is a pressing need to develop a comprehensive set of

policies at the local, metropolitan, state and federal

levels to formally balance the competing Interests of the

various parties who use the Area's water.

          The Twin Cities Metropolitan Planning Commission,

in collaboration with the Area's governmental units, is


mid-way In a three-year program to produce a comprehensive

plan for the future development of this Area.  Policies

Concerning the future location and character of metropolitan

development which will be contained in this plan will

provide the basic framework for balancing these water-use

Interests within the Metropolitan Area.  However, the water

resource problem cannot be dealt with effectively without

more specific policies at the state and federal levels

concerning the management of the Mississippi River headwater

retervoirs and policies concerning the standards of quality

that are to be maintained in the rivers flowing through and

out of the Metropolitan Area.  In this connection, the

Metropolitan Planning Commission recognizes the Area's

responsibility to its downstream neighbors to establish

and maintain a higher quality of water in the Mississippi

River.  On the other hand, it oust also be understood by all

concerned that a Metropolitan Area of 4 million people,

given the quantity of water available in the Mississippi

River, cannot,under today's sewage treatment technology, use

the river in such a way that its water is in the same con-

dition when it leaves the Area as it was when it entered it.

Also, we feel that more must be done to broaden partlcipatiojn

in the development of state and federal policies affecting

interstate use of waters.  Presently these matters are

primarily the concern of the Corps of Engineers and the

                                                       1723 .

environmental health divisions of the states of Minnesota


arsd Wisconsin.  A formal means must be found whereby other  j


ir.teres' s such as public and private recreation, industrial 1


development, residential interests, local government and    :

others can more directly participate in the development of  |


policies and programs affecting the interstate use of waters].


          In summary, the Twin Cities Metropolitan Area is  !

a^are of the pollution problem.  At the direction of the

legislature it is in the process of taking action.  We

think that there is a need for a working partnership of     i

the different users of water and the local, state and

federal interests involved to develop a truly comprehensive j

and effective solution to the water resource problem.  In

conclusion, it should be stated that we in the Metropolitan

£rea would like the opportunity to prove that we can carry

•>ut our responsibilities in this partnership before con-

sideration is given to solving the problem on our behalf at

a  higher level.

          Thank you.
                           » # #

February 6, 196$
Minnesota Department of Health

Water Pollution Control Commission

University of Minnesota Campus

Minneapolis 14, Minnesota

                Re:  Cottage drove & Woodbury Township*


          We are submitting herewith a large scale map of

the Towns of Cottage Grovo and Woodbury.  On this map are

designated boundary lines„ existing and proposed sanitary

interceptor sewera and the sanitary sewer district limits

as proposed by our firm and accepted by the Townships and

the City of St. Paul.

          The map clearly shows that the vast majority of

area drains southerly towards the Mississippi River.  There

is an existing sewage treatment plant at the Mississippi

River which is designed for 8,000 people.

          Ultimately the combined Townships may have a

population of approximately 325,000 people.  It is estimated

that 310,000 persons will connect to the contributory area

that drains southerly to the Mississippi River.

          The Townships of Cottage Orove and Woodbury reques

that consideration of the potential development be given
by your Investigating committee for continued use of the
river by thle area.
                      Very truly your*,
                      BONESTROO, R03ENE & ASSOCIATES, INC.
              /»/     Otto 0. Boneitroo
0GB: ae
                        * * *
                                                  GPO 878-449

US  Environmental  Protection Agency

Region V, Library             ^
230 South Dearborn  Street ..,

Chicago, Illinois  60604    ..._—