SUMMARY OF CONFERENCE




                     POLLUTION OF INTERSTATE WATERS




                                 OF THE




                   MAHONING RIVER AND ITS TRIBUTARIES




                           (OHIO-PENNSYLVANIA)




                           February 16-17, 1965




     The Mahoning River drains an area of 1,131 square miles, of which




1,076 square miles are in northeastern Ohio, and 55 square miles are in




western Pennsylvania.   The headwaters of the Mahoning River are in the




vicinity of Alliance,  Ohio.  It then flows northeasterly to Warren,




Ohio, where it continues southeasterly through Youngstown, Ohio, cross-




ing the State line about nine miles downstream from Youngstown.  The




Mahoning River flows through Pennsylvania for a distance of about 12




miles, before it joins the Shenango River near New Castle, Pennsylvania




to form the Beaver River.  The Beaver River then flows in a southerly




direction about 20 miles, before it becomes confluent with the Ohio




River at Rochester, Pennsylvania.




     On the basis of reports, surveys, or studies, the Secretary of




Health, Education, and Welfare, having reason to believe that pollution




of the Mahoning River and its tributaries, caused by discharges of




untreated and inadequately treated sewage and industrial wastes in Ohio,




was endangering the health or welfare of persons in Pennsylvania, called




a conference in the matter of pollution of the interstate waters of the




Mahoning River and its tributaries.  The conference was held on




February 16-17, 1965,  in the Voyager Motor Inn, 129 Market Street,




Youngstown, Ohio.

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     The following conferees representing the State water pollution

control agencies of Ohio and Pennsylvania, the Ohio River Valley Water

Sanitation Commission, and the U. S. Department of Health, Education,

and Welfare, attended the conference:

E. W. Arnold, M.D.
Charles L. Wilbar, Jr., M.D,
Richard Boardman
Edward T. Cleary
Leonard A. Weakley
H. W. Poston
Murray Stein, Chairman
Chairman
Ohio Water Pollution Control Board
Columbus, Ohio

Chairman,- Sanitary Water Board
Pennsylvania Department of Health
Harrisburg, -Pennsylvania

Chief, Water Quality- Section
Pennsylvania Department of Health
Harrisburg,-Pennsylvania

Executive Director and Chief Engineer
Ohio River Valley Water Sanitation
  Commission
Cincinnati, Ohio

Legal Counsel
Ohio River Valley Water Sanitation
  Commission
Cincinnati, Ohio

U..S. Department of Health, Education,
  and Welfare
Chicago, Illinois

U. S. Department of Health, Education,
  and Welfare
Washington, D. C.
     The following also participated in the conference:

Robert Barker
Hayse Black
Walter Brazon
Superintendent
Waste Water Treatment Department
Warren, Ohio

U. S, Department, of Health, Education,
  and Welfare
Cincinnati, Ohio

Civil Engineers
U. S. Army-Engineers District
Pittsburgh, Pennsylvania

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                                  — 3 —
George Compson



Larry Cook



Clyde C. Cupps



R. F. Doolittle



George Eagle



Honorable Anthony B. Flask


Samuel Gould, Jr.


Bruce Graybill



Barton A. Holl



Robert K. Horton
Honorable John C. Jordon
F. W. Kittrell
Maurice LeBosquet
Kenneth M. Lloyd
Chief, Division of Legal Services
Ohio State Department of Health
Columbus, Ohio

Secretary, Ohio Coal Industry
Water Pollution Commission
Columbus, Ohio

Plant Engineer, Bumper Division
Rockwell Standard Corp.
Newton Falls, Ohio

Vice President
Youngstown Sheet 6 Tube Company
Youngstown., Ohio

Chief Engineer
Ohio Dapartment of Health
Columbus s Ohio

Mayor
Youngstown, Ohio

Mahoning County Engineer
Youngstown, Ohio

Superintendent
Water and Water Pollution Control
Alliance, Ohio

Chairman, Ohio River Valley Water
  Sanitation Commission
Logan, Ohio

Assistant Director
Ohio River Valley Water Sanitation
  Commission
Cincinnati, Ohio

Mayor
New Castle, Pennsylvania

U. S. Department of Health, Education,
  and Welfare
Cincinnati, Ohio

U. S. Department of Health, Education,
  and Welfare
Washington, D. C.

Executive Secretary
Mahoning Valley Industrial Council
Youngstown, Ohio

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Walter A. Lyon



Kenneth M. Mackenthun



Samuel KcBride


Seth L. Myers



John E. Richards
J. P. Richley


Honorable Raymond E. Schryver


J. J. Sullivan



DeYarman Wallace



Graham Walton



Fred Wampler


Kenneth S. Watson
Director, Division of Sanitary Engineering
Pennsylvania Department of Health
Harrifeburg, Pennsylvania

U. S. Department of Health, Education,
  and Welfare
Cincinnati, Ohio

Manager«, Beaver Falls Municipal Authority
Beaver Falls5 Pennsylvania

National Delegate
Pennsylvania Federation of Sportsmen's Clubs
Sharon, Pennsylvania

Engineer in Charge
Sewage and Industrial Wastes Unit
Ohio Department of Health
Columbus, Ohio

Commissioner, Water Works
Youngstown, Ohio

Mayor
Warren, Ohio

Chief
Community Facilities Administration
Chicago, Illinois

Research Department
Youngstown Sheet & Tube Company
Youngstown, Ohio

U. S. Department of Health, Education,
  and Welfare
Cincinnati, Ohio

U. S. Department of the Interior
Cincinnati, Ohio

Manager, Water Management Laboratory
General Electric Company
Louisville, Kentucky

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     The Chairman of the conference pointed out that:




1.   Under the Federal Water Pollution Control Act (33 U.S.C. 466 et seq.)




pollution of interstate waters which endangers the health or welfare




of persons in a State other than the one in which the discharges originate,




is subject to abatement under procedures described in section 8 of the




Federal Act.




2.   The first step of this procedure is the calling of a conference.




3.   The purpose of the conference is to bring together the representatives




of the State and interstate water pollution control agencies and the




U. S. Department of Health, Education, and Welfare, to review the existing




situation and the progress which has been made, to lay a basis for future




action by all parties concerned, and to give the States, localities and




industries an opportunity to take any remedial action under State and local




law which may be indicated.




     Conferees representing the Ohio Water Pollution Control Board, the




Pennsylvania Sanitary Water Board, the Ohio River Valley Water Sanitation




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




were present throughout the conference.




     Representatives of the Department of Health, Education, and Welfare




presented a report on the Mahoning River and its tributaries (Ohio-




Pennsylvania) which specifically covered the sources of pollution, the types




of wastes discharged, and the interferences with water uses.




     Representatives of the Ohio Water Pollution Control Board, the




Pennsylvania Sanitary Water Board, and the Ohio River Valley Water




Sanitation Commission presented statements concerning pollution of the




Mahoning River and its tributaries and remedial measures which have been




taken.

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     In light of conference discussions the following conclusions were




reached:




1.  It is the position of the Federal conferee that interstate pollution




of the Mahoning River is occurring which endangers health and welfare of




persons in Pennsylvania from discharges in Ohio.  Waste discharges from




municipalities and industries in Ohio cause deterioration of the inter-




state waters of the Mahoning River so as to interfere with the use of




these waters for municipal water supply, industrial water supply,




recreation and fishing, and create an offensive appearance.  From




Warren, Ohio, to its mouth, bacterial pollution renders the Mahoning




River hazardous to any who might swim in it, and even to those who might




contact its waters incidentally in boating or fishing.  Bacterial pollu-




tion of the Mahoning River caused by discharges in Ohio endangers the




health and welfare of the users of the municipal water supply at Beaver




Falls, Pennsylvania.




2.  It is the position of the Federal conferee that measures presently




used for treatment of sewage and industrial wastes are inadequate to




secure abatement of pollution of the interstate waters of the Mahoning




River.  The delays in the abatement of such pollution are due to the




failure to install adequate waste treatment facilities or other methods




for reduction of pollution by the municipalities and industries concerned.




3.  The Federal conferee recommended that the following pollution abate-




ment program be put into effect:




          a.  Disinfection of all municipal sewage is to be practiced




          throughout the full year, starting immediately.

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          b.  The full capacity of municipal waste treatment plants are




          to be utilized the year round, starting immediately.




          c.  Secondary treatment of all municipal wastes is to be




          accomplished within three years.  Preliminary plans to be




          developed within six months; final plans to be developed




          within six months after completion of preliminary plans;




          financing to be completed within six months after final plans




          are developed; and construction to be completed no later than




          eighteen months after completion of financing.




          d.  Industrial effluents are to be monitored and sampled daily;




          analysis to include all significant pollutants found in the raw




          waste.




          e.  Industrial waste treatment is to remove essentially all




          oil, eliminate the discharge of toxic wastes, and eliminate




          acid discharges.




          f.  Waste treatment provided by municipalities and industries




          is to meet the water quality control objectives of the 1954




          report prepared by the Ohio Department of Health on the Mahoning




          River Basin.




U.   The conferees representing the States of Ohio and Pennsylvania» and




the Ohio River Valley Water Sanitation Commission requested that the




record of the conference be held open for two weeks so that the conferees




could evaluate conference discussions and submit additional statements




for the record.  The conference Chairman stated that the record would be




held open for two weeks.




5.   Subsequent to the conference, the conferees representing Ohio,




Pennsylvania, and the Ohio River Valley Water Sanitation Commission

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submitted individual statements, which have been made part of the




conference record.  These statements follow:




     Subsequent to the conference the Pennsylvania Department of Health




presented the following statement, March 2, 1965, for the record:




     Based upon the statements presented and evidence submitted at the




conference with respect to pollution of the Mahoning River which was




held at Youngstown, Ohio, on February 16-17, 1965, pursuant to call of




the Secretary of Health, Education, and Welfare, as conferee for the




Commonwealth of Pennsylvania, I have reached the following conclusions:




1.   The State of Ohio aggressively attacked the problem of pollution




     of the Mahoning River in 1954 on the basis of a comprehensive




     program for the abatement of pollution of that stream prepared




     by the Ohio Department of Health in collaboration with the United




     States Public Health Service.  That program, which was approved




     by the Surgeon General of the United States Public Health SErvice,




     established treatment requirements and water-quality control




     objectives for the Mahoning River.




2.   Impressive accomplishments in curbing pollution of the Mahoning




     River have resulted from the efforts of the Ohio Water Pollution




     Control Board in furthering that program.




3.   In response to the leadership provided by the State of Ohio, every




     municipality on the Mahoning River has or is in the process of




     constructing treatment works and, with the completion of the




     Youngstown, Ohio, disposal system, which is scheduled to occur




     within the next five months, all sewage discharges into the




     Mahoning River from communities situated in Ohio will be purified




     in accordance with the requirements of The 1954 program mentioned




     above.

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4.   Installation of industrial waste-control facilities for plants




     situated on the Mahoning River has also proceeded in accordance




     with the 1954 program mentioned above.   Currently, 70% of such




     installations are meeting pollution-abatement requirements




     established by the program and an additional 13% of such installa-




     tions have control facilities under construction.   The schedule




     developed by the State of Ohio for the  furtherance of the 1954




     program calls for compliance with its requirements by all industrial




     installations prior to the end of 1966, with the exception in a few




     instances of those related to spent acid-pickling discharges.




     Decisions with regard to the latter problem are presently being




     held in abeyance pending final work on  an important technological




     innovation related to acid-pickling operations in steel mills.




5.   As evidenced by data compiled by the monitoring station at the




     Ohio-Pennsylvania State line and by records of the water plant




     at the downstream City of Beaver Falls, Pennsylvania, water quality




     in the Mahoning River already has been  improved; with the sewage-




     treatment facilities of the City of Youngstown in full operation




     and with the completion of industrial-waste control facilities




     now under construction, additional improvements in water quality




     of the Mahoning River can be anticipated.




6.   The remedial measures taken and being taken with respect to




     abatement of pollution of the Mahoning  River by municipalities




     and industrial installations are designed to maintain quality




     conditions established by the State of Ohio and by the eight




     States signatory to the Ohio River Valley Water Sanitation




     compact; however, final evaluation with regard to adequacy of

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     the degree of sewage treatment to meet quality objectives cannot




     be made until after the treatment facilities of the City of




     Youngstown are placed in full operation during the coming summer




     and following the conduct of detailed evaluation of river-quality




     tests.




7.   The effectiveness with which the water pollution abatement




     authorities of the State of Ohio, together with the municipalities




     and industrial installations situated on the Mahoning River, have




     been curbing the existing interstate pollution of the Mahoning




     River, coupled with the progress which has already been made in




     that direction, eliminates any legal or practical basis for




     further intervention of the Department of Health, Education, and




     Welfare, in carrying out provisions of the Federal Water Pollution




     Control Act.




     Subsequent to the conference, the Ohio Water Pollution Control Board




presented the following statement, March 2, 1965, for the record:




     Based upon the statements presented and evidence submitted at the




conference with respect to pollution of the Mahoning River which was




held at Youngstown, Ohio, on February 16 and 17, 1965, pursuant to call




of the Secretary of Health, Education, and Welfare, the conferee




representing Ohio has reached the following conclusions:




1.   The State of Ohio aggressively attacked the problem of pollution




     of the Mahoning River in 1954 on the basis of a comprehensive




     program for the abatement of pollution of that stream prepared




     by the Ohio Department of Health in collaboration with the United




     States Public Health Service.  That program, which was approved

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     by the Surgeon General of the United States Public Health Service,




     established treatment requirements and '.'ater-quality control




     objectives for the Mahoning River.




2.   Impressive accomplishments in curbing pollution of the Mahoning




     River have resulted from the efforts of the Ohio Water Pollution




     Control Board in furthering that program.




3.   In response to the leadership provided by  the State of Ohio,




     every municipality on the Mahoning River has or is in the process




     of constructing treatment works and, with  the completion of the




     Youngstown, Ohio, treatment plant., which is scheduled to occur




     within the next five months, all sewage discharges into the




     Mahoning River from communities situated in Ohio will be treated




     in accordance with the requirements of the 1954 program mentioned




     above.




4.   Installation of industrial waste-control facilities for plants




     situated on the Mahoning River has also proceeeded in accordance




     with the 195M- program mentioned above.   Currently, 70% of such



     installations are meeting pollution-abatement requirements




     established by the program and an additional 13% of such installa-




     tions have control facilities under construction.   The schedule




     developed by the State of Ohio for the furtherance of the 1954




     program calls for compliance with its requirements by all industrial




     installations prior to the end of 1966, with the exception in a




     few instances of those related to spent acid-pickling discharges.




     Decisions with regard to the latter problem are presently being

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     held in abeyance pending final work on an important technological




     innovation related to acid-pickling operations in steel mills,




     which would in itself solve the problem.




5.   As evidenced by data compiled by the monitoring station at the




     Ohio-Pennsylvania State line and by records of the water plant




     at the downstream City of Beaver Falls, Pennsylvania, water quality




     in the Mahoning River already has been improved; with the sewage-




     treatment facilities of the City of Youngstown in full operation




     and with the completion of industrial-waste control facilities




     now under construction, additional improvements in water quality




     of the Mahoning River can be anticipated.




6.   The remedial measures taken and being taken with respect to




     abatement of pollution of the Mahoning River by municipalities




     and industrial installations are designed to maintain quality




     conditions established by the State of Ohio and by the eight




     States signatory to the Ohio River Valley Sanitation compact;




     however, final evaluation with regard to adequacy of remedial




     measures to meet quality objectives cannot be made until after




     the treatment facilities of the City of Youngstown are placed




     in full operation during the coming summer and following the




     conduct of detailed evaluation of river-quality tests.




7.   The effectiveness with which the water pollution abatement




     authorities of the State of Ohio, together with the municipalities




     and industrial installations situated on  the Mahoning River,




     have been curbing pollution of the Mahoning River, coupled




     with the progress which has already been  made in that direction,

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     eliminates any legal or practical basis for intervention of the




     Department of Health, Education, and Welfare, in carrying out




     provisions of the Federal Water Pollution Control Act.




8.   If it is the aim of Federal policy to promote optimum use of




     water resources — and this is the reason why Congress has




     appropriated millions of dollars for comprehensive river-basin




     studies — then it is inconsistent for the Federal conferee at




     the Mahoning Conference to conclude at this time that all sewage




     discharges must be provided with 85% treatment.   Such a conclusion




     ignores the fact that the Public Health Service  is currently




     embarked on a $7 million comprehensive study in  the Ohio Valley




     whose purported objective is to provide the data for evaluating




     future waste treatment needs in such areas as the Mahoning River.




9.   The lack of scientific objectivity displayed in  the report on




     the Mahoning River compiled by the Department of Health, Education,




     and Welfare, which was distributed prior to the  conference is




     deplorable.  We note in particular that when the report was




     presented at the conference, it was preceded with verbal corrections




     of alleged statements of fact.  This acknowledgment of inaccuracies




     coupled with other admissions made upon questioning by the conferees




     as set forth in the transcript of the proceedings, leads to lack




     of confidence in the validity of findings contained in the report.




     In brief, the report was hastily contrived and distribution of




     several hundred copies has rendered a disservice not only to the




     public and to the State and interstate agencies, but to the Federal




     agency that produced it.

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10.  Statements of the Department of Health, Education, and Welfare,




     that they were hampered in their investigations by lack of




     cooperation in obtaining information from either the State




     agencies or ORSANCO are simply not true.  The State agencies




     and ORSANCO provided all the reports, investigations and data




     in their possession from which it would be possible to make an




     assessment of river conditions.  The contention of the Department




     of HEW that it needed additional data on the volumes and




     characteristics of individual waste discharges in order to evaluate




     river conditions cannot be supported.




     Subsequent to the conference the Ohio River Valley Water Sanitation




Commission presented the following statement, March 3, 1965, for the




record:




     Based upon the statements presented and evidence submitted at the




conference with respect to pollution of the Mahoning River which was




held at Youngstown, Ohio, on February 16-17, 1965, pursuant to call of




the Secretary of Health, Education, and Welfare, the conferees represent-




ing the Ohio River Valley Water Sanitation Commission have reached the




following conclusions:




1.   The State of Ohio aggresively attacked the problem of pollution




of the Mahoning River in 1954- on the basis of a comprehensive program for




the abatement of pollution of that stream prepared by the Ohio Department




of Health in collaboration with the United States Public Health Service.




That program, which was approved by the Surgeon General of the United




States Public Health Service, established treatment requirements and




water quality objectives for the Mahoning River.

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2.   Impressive accomplishements in curbing pollution of the Mahoning




     River have resulted from the efforts of the Ohio Water Pollution




     Control Board in furthering that program.




3.   In response to the leadership provided by  the State of Ohio,




     every municipality on the Mahoning River has or is in the process




     of constructing treatment works and, with  the completion of the




     Youngstown, Ohio, disposal system, which is scheduled to occur




     within the next five months, all sewage discharges into the




     Mahoning River from communities situated in Ohio will be purified




     in accordance with the requirements of the 1954 program mentioned




     above.




4.   Installation of industrial waste-control facilities for plants




     situated on the Mahoning River has also proceeded in accordance




     with the 1954- program mentioned above.  Currently, 70% of such




     installations are meeting pollution-abatement requirements




     established by that program and an additional 13% of such installa-




     tions have control facilities under construction.  The schedule




     developed by the State of Ohio for the furtherance of the 1954




     program calls for compliance with its requirements by all industrial




     installations prior to the end of 1966, with the exception of a




     few instances involving control of spent acid-pickling discharges.




     Decisions with regard to the latter problem are presently being




     held in abeyance pending final work on an  important technological




     innovation related to acid-pickling operations in steel mills.




5.   As evidenced by data compiled by the monitoring station at the




     Ohio-Pennsylvania State line and by records of the water plant at

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    the downstream City of Beaver Falls, Pennsylvania, water quality




    in the Mahoning River already has been improved; with the sewage




    treatment facilities of the City of Youngstown in full operation




    and with the completion of industrial-waste control facilities




    now under construction, additional improvement in the quality of




    the water in the Mahoning River can be anticipated to the extent




    that criteria established by the State of Ohio in the 1954 program




    will bo satisfied.



6.  The remedial measures taken and being taken with respect to abate-




    ment of pollution of the Mahoning River by municipalities and




    industrial installations are designed to maintain quality conditions




    established by the State of Ohio and by the eight States signatory




    to the Ohio River Valley Water Sanitation compact; however, final




    evaluation with regard to adequacy of remedial measures to meet




    quality objectives cannot be made until after the treatment facilities




    of the City of Youngstown are placed in full operation during the




    coming summer and following the conduct of detailed evaluation of




    river-quality tests.




7.  The effectiveness with which the water pollution abatement author-




    ities of the State of Ohio, together with the municipalities and




    industrial installations situated on the Mahoning River have been




    curbing existing interstate pollution of the Mahoning River, coupled




    with the progress which has already been made in that direction,




    eliminates any legal or practical basis for intervention of the




    Department of Health, Education, and Welfare in carrying out




    provisions of the Federal Water Pollution Control Act.

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8.  Finally, we regard the conclusion of the Federal conferee — that




    all sewage discharges into the Mahoning Rivar should be provided




    with secondary (85%) treatment — as a premature and arbitrary




    determination.  Such a conclusion ignores the fact that the




    Public Health Service is currently embarked on a $7 million com-




    prehensive study of pollution-control requirements in the Ohio




    Valley whose objective is to provide the necessary data for




    evaluating future waste-treatment needs in such areas as the




    Mahoning River.

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