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Minnesota >*X
Second Session
April 29-30, 197O
Duluth, Minnesota
Vol.2
In the Matter of Pollution of Lake Superior
and its Tributary Basin-Minnesota-
Wisconsin - Michigan
U.S. DEPARTMENT OF THE INTERIOR • FEDERAL WATER QUALITY ADMINISTRATION
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T. G. Frangos
MR. FRANGOS: Well, I understand your ques- |
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tion, and that is precisely, again, the purpose of these
hearings, because at that time we will have a record
i upon which we can determine what the State's course of
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! action ought to be and at the same time we can bring to
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| you specifically the situation in each one of these
j communities and proceed along the lines that you sug-
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gested, again anticipating this October deadline that
now stands.
MR. STEIN: I would say, from my point of
view, that something as you have done in this Du Pont
matter is the right procedure. I am not talking about
the merits of this yet.
MR. FRANGOS: Right.
MR. STEIN: Now, I am just speaking for my
part of the operation and I have another hat--standards
compliance. I would think, in any case, that Defore we
would consider a request for an extension and act on
that from any particular State if there were an inter
state situation involved, I can almost assure you that
our agency would check this out with the other States
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T. G. Prangos
involved, because I think any dealing with a date in an
interstate situation evolves with the Federal Government
and the other States and once this is done this will
affect their programs too.
Maybe we are reaching for this procedure, but
if this is all agreeable, it seems to me that this would
be the equitable way of trying to do this. That is, if
you feel that any date should be modified, if you notify
us, and perhaps you can do this beforehand, check with
the States, if you don't do that we will check with the
other States involved, and then perhaps we can come up
with a judgment on that.
MR. FRANGOS: Well, I think that sounds like
the proper course. As you know, we are really just
starting to get into this compliance area, and when you
get involved with standards and the conference, this
hasn't always been clear what the procedure should be,
but I think the ones that you outlined are the ones that
we intend to pursue.
MR. STEIN: Yes.
Mr. Purdy.
MR. PURDY: Mr. Chairman, I am concerned about
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441
T. G. Frangos
tying ourselves up in procedures to the point of where
we can't respond. I can visualize the problems within
Michigan and then attempt to recognize what this means
on the country as a whole in the way of compliance dates,
and I am wondering if you are interested in the interim
dates or the final compliance date? There are many
interim dates that are adjusted 30 days, 45 days, 60
days .
MR. STEIN: No, no, no. Here, that is another
point. I think you raised a good point.
One, and I noticed, paucity of interim dates
in the Wisconsin presentation; maybe they are here. I
think we can have a distinction between the interim
dates and the final date, certainly. If an interim
date is adjusted, of course, at least our Regional Office
should be informed. If the Regional Office thinks that
that adjustment of an interim date will be so firm or
so important as to throw the chances of meeting the
final date out, they will report to us and we will get
in touch. If not, I think we don't make any move on
the interim date.
The question here that comes up, though, is
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T. G. Frangos
when we have a final date established by your State
agency, sent in to the Secretary of the Interior, and the
Secretary of the Interior accepts that as both a State
date and a Federal date, then the shifting of that date
presents some problems. I think this is going to be--
I think Mr. Frangos alluded to this—this is going to be
hard work and undramatic. But I suspect if we are going
to do pollution control, we are going to have to get some'
kind of procedure where we are going to have to coordi-
nate any modifications of these final dates, both from
the Federal people and the State people, since they are
legal dates binding on both.
MR. PURDY: I am satisfied with this sort of
approach.
MR. STEIN: All right.
MR. PURDY: ¥e do have some, I think, 30, kO
compliance dates coming before our Commission every
month.
MR. STEIN: Righi:.
MR. FRANGOS: Well, let me just respond to,
I think, the request for the format on abatement sched-
ules. And the reason these were not included, because
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T. G. Prangos
it was our feeling that out of these hearings we will
know exactly what kind of schedules we are talking about
and we can present these to the conferees when we recon-
vene. In the meantime, we would anticipate working with
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the regional people of FWQA and see if we can't develop !
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something that is at least acceptable to them. If not, \
at least they are fully advised of what the status is in
each situation.
MR. STEIN: Well, again, I think we appreciate
the attitude of the States in this, particularly the
States at this table, and I think by working together we
can work this out. Federal-State programs are never very
easy to manage, but we just have to face it, I guess.
Are there any other comments or questions on
the Wisconsin report?
MR. BADALICH: Mr. Chairman, the completion
dates for the projects under the interstate water quality
standards, wouldn't they be earlier than the date that we
set for this conference, January of 197^?
MR. STEIN: Yes.
MR. BADALICH: It is my understanding all of
the interstate water quality standards throughout the
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444
T. G. Frangos
country were, you know, accepted by the Secretary last
year or maybe even the year before this. So if you
are talking about a 3- or 4-year period, it will be
well within the January 1974 date.
MR. STEIN: Yes. But I think the conference
recommendation, and I am looking for--
MR. BADALICH: That is Recommendation No. 5.
MR. STEIN: Yes, Recommendation 5, the phrase
says, "This action is to be accomplished by January 1974
or earlier if required by Federal-State water quality
standards."
Well, I think we set something up which is
completely consistent, at least, from a technical ana
legal point of view. The dates that Mr. Frangos is con-
cerned about are those earlier dates, earlier than
January 1974,as required by Federal-State water quality
standards, which are binding on this conference, and Wis-
consin is holding these meetings to consider the equities
in perhaps extending some of these dates.
MR. FRANGOS: Yes.
MR. STEIN: And this is the problem.
MR. FRANGOS: Well, let me make this perfectly
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T. G- Frangos
clear—that we do not look to the outside date set by
this conference as any reason for easing up on any of
these restrictions. We view this apart from whatever
i legal commitments and responsibilities that we have
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! strictly from our own State point of view that these are
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1 very serious and that we are exercising every legal and
I administrative device that we have to get cleanup.
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! MR. STEIN: Right. Well, if I don't get a
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voluntary response, I am going to move around and try to
poll the people. You don't have to answer this if you
have no feeling.
Have you come to any conclusion yet on the
proposal for Du Pont?
MR. FRANGOS: Yes, we would recommend that
very strongly.
MR. STEIN: Do you want to comment on that,
Mr. Purdy?
MR. PURDY: I did. I agreed with it.
MR. STEIN: Yes. How about you?
MR. MAYO: I think there are three principal
points going for the recommendation. First, it assures
a 60-percent reduction in the wastes now. Second, there
are specific interim dates provided for. And third,
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T. G. Frangos
it will end up with the complete elimination of the dis-
charge and you can't ask for anything better than that.
I would suggest that we concur in the recom-
mendation .
MR. STEIN: How about Minnesota?
MR. BADALICH: Well, Mr. Chairman, as long as
the system is going to be a closed system and recycling
the waters, we see no problem. I think Du Pont should be
complimented on their program.
MR. STEIN: Right. The sole point is that the
project will be in effect on May 1, 1972, which is a
little later than it was originally anticipated. But
there will be an interim cleanup.
I guess the views are unanimous that this is a
reasonable program on the part of Du Pont. And, again,
I think I would join with Mr. Badalich on this, because,
when we had the first session of the conference, you
recognize that we had a real vexing problem with this
red water coming out of the TNT plants. There were many
remarks made that the technology was not available
to handle this waste. Now, if the industry has come up
with a system that is in effect a closed system and
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T. G- Frangos
completely eliminates this waste, I think this is a
wonderful thing and a real breakthrough, and I hope
this will work out.
So I think the conference can stand on record
on that and we will take these views back to the Sec-
retary of the Interior.
Are there any other comments or questions?
MR. FRANGOS: Just a point of clarification,
Murray. The point is we need to proceed, and are you
suggesting that we can go ahead and tell these people
yes? Or do we need some action out of the Secretary's
office?
MR. STEIN: I don't want to act ultra vires.
MR. FRANGOS: Right.
MR. STEIN: I am going to recommend that the
Secretary approve this, certainly with the backing and
the views of the conferees on this, that we go ahead.
Now, the problem, as you know, Tom — and let this get off
the record.
(Off the record.)
MR. STEIN: Back on the record.
MR. MAYO: I have one more question, Mr.
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T. G- Frangos
Frangos.
Does the Wisconsin boat toilet law apply to
federally-documented pleasure boats?
MR. FRANGOS: I believe it would apply. The
only specific limitation in the law is whether it is in
interstate commerce, and perhaps you can answer that
better than I can. It would hinge on that definition
and I am not certain whether it does or not.
MR. STEIN: Are there any other comments or
questions?
If not, thank you very much, Mr. Frangos, for
an excellent report. As always, the Wisconsin report is
very informative.
May we call on Michigan.
MR. PURDY: Mr. Chairman, I would like to have
Mr. Courchaine give Michigan's report.
ROBERT J. COURCHAINE, REGIONAL ENGINEER
MICHIGAN WATER RESOURCES COMMISSION
LANSING, MICHIGAN
MR. COURCHAINE: Mr. Chairman, conferees,
and gentlemen.
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449
R. J. Courchaine
At the first session which began in Duluth,
Minnesota,, on May 13, 1969, a joint report was submitted
on behalf of the Michigan Water Resources Commission and
the Michigan Department of Public Health which outlined
various State programs to abate pollution and enhance the
quality of the waters of Lake Superior and its tributaries
This current report describes current programs
undertaken by Michigan to implement the State-oriented
recommendations of the Secretary of the Department of the
Interior stemming from the first session. Information
in this report related to these recommendations has been
reviewed, updated and amplified.
Recommendation No. 1 was that a Technical
Committee be formed. Two staff members of the Michigan
Water Resources Commission have represented Michigan at
all meetings of this Technical Committee.
Recommendations 2 and 3 referred to the Reserve
Mining Company.
Recommendation No. 4 requires the States sub-
stantially strengthen water quality surveillance plans
for the Lake Superior Basin and report to the conferees
at the next session of the conference.
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R. J. Courchaine
Michigan's water quality surveillance programs
for the Lake Superior Basin were described in detail in
Chapter V of the "Report on Water Pollution Control in
the Michigan Portion of the Lake Superior Basin and Its
Tributaries." This report was submitted at the conferenc^
called by the Secretary of the Interior in May 19&9- An
updating of the information presented in the first report
is included in Appendices A, B, C, D and E of this report
Data from the tributary monitoring program and bacterio-
logical monitoring program have been placed in STORET.
During the summer of 19^9 algae samples were
collected from four locations in Lake Superior to provide
qualitative and quantitative algal data.
Recommendation 5. Secondary biological waste
treatment be provided by all municipalities discharging
directly to or affecting Lake Superior by January 1974.
On April 7, 1970, letters were sent to munici-
palities now having primary treatment and affecting Lake
Superior water quality or its bays or harbors, explaining
that they would be required to provide secondary biologi-
cal waste treatment or its equivalent by not later than
January 1974 and 80 percent reduction of total phosphorus
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R. J. Courchaine
by January 1975- The letter requested each municipality
to transmit formal verification of their intent to volun-
tarily comply with these pollution control requirements.
A stipulation, including performance schedules, will be
developed when such verification is received. If verifi-
cation is not received, the Water Resources Commission
will initiate procedures leading to the issuance of a
final order of determination to insure that the require-
ments of the conference are met timely. A copy of the
letter sent to municipalities is included in Appendix G
a
of this report.
Recommendation 6 requires continuous disinfecti
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throughout the year for all municipal waste effluents.
In January 196? a policy was adopted by the
Michigan Department of Public Health requiring year-round
disinfection of waste effluent from all municipal treat-
ment plants prior to discharge to the surface waters of
the State. With the exception of the city of Bessemer th|is
program is in full force and effect at all such communi-
ties within the Lake Superior Basin. The city of Besseme[r
is under order of the Water Resources Commission to pro-
vide chlorination, phosphorus removal and improved secondary
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R. J. Courchaine
treatment by not later than December 1971- Growing
numbers of Michigan communities are instituting bacter-
iological testing programs as a check on chlorine
residuals and regimens. Appendix H lists the 19°9
bacteriological quality of municipal waste discharges
to the Michigan portion of the Lake Superior Basin.
Recommendation 7 requires disinfection of
industrial effluents containing pathogenic organisms
or organisms which indicate the presence of such patho-
gens .
Where a public health hazard can be anticipated
or shown to exist from an industrial waste effluent, dis-
infection of the waste is required prior to discharge.
Recommendation 8. Waste treatment be provided
by municipalities to achieve at least 80 percent reduc-
tion of total phosphorus to be accomplished by January
1975, not later than January 1975.
On April 7 letters were sent to municipalities
explaining that they would be required to install and
operate facilities for achieving a minimum of 80 percent
removal of total phosphorus from their wastes by not
later than January 1975- The letter to municipalities
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R. J. Courchaine
now having primary treatment also suggests that their
engineers evaluate the need for providing additional
treatment in light of the State's intrastate water
quality standards. We have requested each municipality
to transmit formal verification of their intent to
voluntarily comply. The stipulation including performance
schedules will be developed when such verification is
received. If such verification is not received, the Com-
mission will initiate statutory enforcement procedures
leading to the issuance of a final order of determination
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to assure that the requirements of the conference are met;
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timely. Copies of the letters sent to the municipalities j
are included in Appendix I.
Recommendation 9* discharges of compatible
industrial wastes to municipal sewer systems be encouraged
Industries not connected to municipal sewer systems pro-
vide treatment equivalent to that of municipalities, this
action to be accomplished by not later than January 197^-.
Michigan has had a long-standing program that
encourages the discharge of industrial wastes to munici-
pal collection and treatment systems where such wastes
are compatible or can be made compatible by pretreatment.
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R. J. Courchaine
Appendix J includes a description of the type
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of waste treatment provided by industries, the status of j
their treatment and abatement action being taken to ,
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implement this recommendation. This abatement action is
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listed in an addendum which has been added to the report :
dated April 1970. There are currently three industries \
listed which have a total of five discharges directly to j
Lake Superior. All three industries have satisfactory ;
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abatement programs which adequately control the quality j
of their discharges. j
The Hoerner-Waldorf Pulp and Paper Mill at ;
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Ontonagon discharges wastes into the Ontonagon River near|
the mouthy affecting water quality in Lake Superior.
The company has been notified of the need to provide
secondary treatment of its wastes by January 1974.
A recent amendment to Act 245, Public Acts of
1929, requires that every industrial or commercial
entity which discharges liquid wastes into any public
lake or stream shall have waste treatment facilities
under the control of operators certified by the Commis-
sion. The rules of certification are contained in
Appendix K.
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R. J. Courchaine
Recommendation 10 calls for a listing of waste
i sources which have a deleterious effect on Lake Superior
water quality. This has been added, as I mentioned, "by
an addendum to the Michigan report dated April 1970. Thi
addendum lists some 16 communities, 4 of which are alread
under order of the Water Resources Commission to provide
improved treatment, including phosphorus removal.
Where abatement actions are pending on the othe
communities, the Water Resources Commission will either
enter into a stipulation or will enter an order requiring
accomplishment of treatment in accordance with a time
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| schedule which will require:
A date for retaining engineers;
A date for submitting preliminary engineering
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reports;
A date to initiate detailed engineering plans
and specifications;
A date to submit detailed engineering plans
and specifications;
A date to arrange financing;
A date to initiate construction;
And a final completion and compliance date.
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R. J. Courchaine
Appendix J lists the industrial waste effluent
dischargers within the Lake Superior Basin while Appen-
dix L lists the municipal waste effluent dischargers.
The tables in these Appendices summarize information on
the type of discharge, type of treatment provided, im-
provement needs and the program for remedial action
I where such is needed.
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Recommendations 11 and 12, unified collection
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systems serving contiguous urban areas be encouraged and
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pollution control agencies accelerate programs to pro-
vide for the maximum use of areawide sewerage facilities.
Act 228, Public Acts of 1967, is an act to
regulate the subdivision of land and to promote the
public health by providing authority to the Michigan
Department of Public Health to approve subdivision
developments not served by public sewers, contingent on
the suitability of soils. This new program has already
had a beneficial effect in accelerating municipal col-
lection and disposal systems in nearby developing areas
and preventing use of septic tank-tile field systems in
unsuitable areas.
Act 329, Public Acts of 1966, as amended,
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R. J. Courchaine
establishes authority to provide State grants for sewage
treatment facilities in conjunction with Federal grants
under United States Public Law 84-660, as amended.
Pertinent provisions of Act 329 dealing with unified
waste collection and treatment programs are shown in the
report.
Recommendation 13. Each State water pollution
control agency lists the municipalities or communities
having combined sewers, a proposed plan for minimizing
bypassing, and Recommendation 14, existing combined sewers
be separated is coordination with all urban reconstruction
projects .
Appendix M of the report includes a list of
municipalities having combined sewers.
In its supervisory capacity over municipal
waste collection and treatment systems, the Michigan
Department of Public Health continues to promote the
most effective utilization of these systems. Adjustable
regulating devices at points of combined overflow are one
of a number of techniques utilized to make use of system
storage capacities and minimize combined overflows.
In Michigan's water quality standards program
and plan of implementation, the Commission has developed
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R. J. Courchaine
a policy wherein all new sewerage systems are to be
developed on the basis of separate sewers for storm-
water and sanitary wastewaters. Whenever feasible,
separated sanitary wastewater systems are not to be
discharged into existing combined systems. If such a |
discharge does occur, control facilities must be developed
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on the combined system to provide for enhancement of the |
receiving water quality commensurate with present and I
proposed future water uses and must be consistent with j
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the requirements of State law. In those areas where
noncompliance with the standards is determined to exist
as the result of overflows of sanitary wastewater in
storm runoff, the Commission is requiring the best
practicable treatment or control no later than June 1,
1977.
Recommendation 15. The States institute
necessary controls with respect to chlorinated hydro-
carbon insecticides.
Act 233, Public Acts of 1959, as last amended
by Act 91, Public Acts of 1968, provides for the licensing
of persons engaged in the business of applying pesticides
and economic poisons out of doors, with the licensing
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R. J. Courchaine
program being administered "by the Director of the Michi-
gan Department of Agriculture. The act further estab-
lishes an Advisory Committee to consult with and aid the
Director in the administration of the act. The committee
I is composed of representatives of the Department of Pub-
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j lie Health, Department of Natural Resources, the Aero-
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! nautics Commission, the Water Resources Commission, and
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I the Pesticide Research Center of Michigan State University
Based upon agricultural research at Michigan
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I State University, the Michigan Department of Agriculture
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j was advised that almost all uses of DDT in Michigan could
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j be replaced by using other generally less persistent
pesticides. A regulatory action cancelling registrations
for the general sale of DDT followed, effective June 27,
1969-
A copy of Act 91, Public Acts of 1968, is
attached as Appendix N.
Recommendation 16.
Uniform State requirements for controlling
wastes from watercraft be adopted.
As previously reported, the Michigan Water
Resources Commission in January 1968 adopted rules and
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R. J. Courchaine
| regulations to control pollution from marine toilets on
watercraft. The rules do not allow the macerator-
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! chlorinator and do authorize the use of holding tanks
or incinerators. The rules became effective January 1,
i 1970,, and public acceptance of this program has generally
I been encouraging. Private marina operators are beginning
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i to install pump-out stations and treatment facilities
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where these are needed, and the Michigan Waterways Com-
mission has accelerated its program to provide similar
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j facilities at State harbors of refuge on the Great Lakes.
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! Two State-assisted marinas (one at Marquette and one at
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I Ontonagon) are planning to install pump-out stations on
i Lake Superior.
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Recommendation 17. The dumping of polluted
dredged material into Lake Superior be prohibited.
Act 247, Public Acts of 1955, as amended,
authorized the former Department of Conservation to regu-
late the deposition of materials on State bottom lands.
All requests for deposition of materials on such lands ar
evaluated to determine, prior to the issuance of a permit
whether the material to be deposited contains substances
which will cause pollution.
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R. J. Courchaine
Recommendation 18. Programs "be developed by
appropriate State and Federal agencies to control soil
erosion in the basin.
Under the authority vested in the Department
of Natural Resources to protect and conserve the natural
resources of the State, permits to allow the construction
of culverts, bridges, road improvement projects involv-
ing public waters and structures affecting navigation
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| must be issued under Act 211, Public Acts of 1965 by the
Hydrological Survey Division of the Bureau of Water
Management. This same Division issues permits when
underground utility projects are to cross or be within
50 feet of a stream, lake or reservoir. The objective is
to insure good construction practices so that water-
courses are protected from siltation and unreasonable
obstruction to flow. Portions of the "Handbook of
Specifications for the Protection of Natural Resources"
which outlines procedures to prevent siltation are pre-
sented in Appendix 0.
Under provisions of Act 296, Public Acts of
1936, Michigan has been divided into 82 soil conserva-
tion districts. In the Lake Superior Basin these districts
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R. J. Courchaine
have developed programs with highway construction firms
and utilities to help reduce erosion during construction.
Similar programs are being developed to deal with sub-
dividers and shopping center developers. The districts
urge landowners to have provisions written into easements
that require pipeline companies to restore topsoils after
the completion of construction.
Recommendation 19. The discharge of visible
oil from any source be eliminated.
Discharges which cause visible films of oil,
gasoline or related materials on public waters are not
permitted under any of the water uses listed in the
Interstate Water Quality Standards adopted by the Michi-
gan Water Resources Commission on June 28, 1967.
There are no known potential sources of major
spills of oil or other hazardous materials in the Michi-
gan portion of the Lake Superior Basin.
Now, changes in other programs.
Michigan's Clean Water Bond Program.
The bond program that was described in Chapter
1 of Michigan's report to the first session has gotten
under way. In June 1969 the Michigan State Legislature
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R. J. Courchaine
| passed implementing legislation to provide for spending
$285 million of the bond proceeds for sewage treatment
works and intercepting sewers. In July 1969 implement-
ing legislation was passed to authorize the use of the
remaining $50 million for grants to assist in financing
construction of collecting sewer systems.
A priority list of projects has been developed
and has been approved by the Commission and the Michigan
Legislature. At each monthly meeting of the Commission
a report is presented which lists changes in the status
of grant offers and developments since the previous
meeting and summarizes all action to date. The report
submitted at the April 1970 meeting is included in
| Appendix P.
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Water use designation for upper peninsula
waters previously exempted.
After issuance of the Attorney General's
opinion. Number 4590 described in Chapter 1 on Michigan's
report to the first session, the Michigan Water Resources
Commission held a public hearing on August 20, 1969, on
the proposed water use designations for those waters
previously exempted. The recommendations resulting from
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R. J. Courcbaine
the hearing and previous staff recommendations were
adopted by the Commission on November 19, 19^9^ and
are presented in Appendix Q.
That ends my report, Mr. Chairman.
(Which said report follows:)
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465
FOR THE RECONVENED CONFERENCE
SECOND SESSION
ON
POLLUTION OF THE INTERSTATE WATERS
OF
LAKE SUPERIOR AND ITS TRIBUTARY BASIN
(MINNESOTA - WISCONSIN - MICHIGAN)
CALLED BY
MURRAY STEIN, CONFERENCE CHAIRMAN
DEPARTMENT OF THE INTERIOR
STARTING APRIL 29, 1970
DULUTH, MINNESOTA
ON BEHALF OF
THE
MICHIGAN WATER RESOURCES COMMISSION
DEPARTMENT OF NATURAL RESOURCES
AND
MICHIGAN DEPARTMENT OF PUBLIC HEALTH
APRIL 1970
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466
MICHIGAN WATER RESOURCES COMMISSION
John E. Vogt, Chairman, representing the Director, Michigan Department
of Public Health
Stanley Quackenbush, Vice Chairman, representing the Director, Depart-
ment of Agriculture
Gerald E. Eddy, representing the Director, Department of Natural
Resources
John P. Woodford, representing the State Highway Commission
George F. Liddle, representing Municipal Groups
John H. Kitchel, representing Organized Conservation Groups
Jim Gilmore, representing Industrial Management Groups
Ralph W. Purdy
Executive Secretary
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46?
Purpose
At the first session which began in Duluth, Minnesota on May 13,
1969, a joint report was submitted on behalf of the Michigan Water
Resources Commission and the Michigan Department of Public Health which
outlined various state programs to abate pollution and enhance the
quality of the waters of Lake Superior and its tributaries.
This current report to be presented at the second session, will
describe programs undertaken by Michigan to implement the state-oriented
recommendations of the Secretary of the Department of the Interior stemming
from the first session. Information in this report related to these
recommendations has been reviewed, up-dated and amplified.
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468
RECOMMENDATION^
A Technical Committee to evaluate water quality criteria for
Lake Superior be formed of the conferees and such representa-
tives as they may designate, within two weeks of the Executive
Session. The purpose of the Committee is to develop Particular
water quality criteria as guidelines for modification ot tne
Federal-State Water Quality Standards. The provision of the
necessary secretarial assistance to the Committee will De me
responsibility of the Federal conferee. The Committee may
coordinate its activities with other committees or agencies,
or engage consultants, as it determines appropriate. At the
next session of the conference, the Committee will report to
the conferees on recommendations agreed upon for changing or
modifying existing water quality criteria to reflect desired
quality conditions in Lake Superior.
The Technical Committee has been formed and has met on three separate occasions.
Two staff members of the Michigan Water Resources Commission have represented
Michigan at all meetings of the Technical Committee. The chairman of the com-
mittee, Dale Bryson of the Federal Water Pollution Control Administration, will
present a report on the recommendations of the committee at the reconvened con-
ference, second session.
RECOMMENDATION 4
The FWPCA and the States substantially strengthen water quality
surveillance plans for the Lake Superior Basin to insure that
plans are sufficiently sensitive to monitor changes in water
quality. The FWPCA and the States are requested to report to
the conferees at the next session of the conference concerning
their program.
Michigan's water quality surveillance programs for the Lake Superior Basin
were described in detail in Chapter V of the "Report on Water Pollution Control in
the Michigan Portion of the Lake Superior Basin and Its Tributaries". This report
was submitted at the conference called by the Secretary of the Interior on pollu-
tion of Lake Superior and its tributary basin in May 1969. An updating of the
information presented in this chapter and in Appendices L, M, N, 0 and P of the first
report is included in Appendices A, B, C, D and E of this report. Data from the tribu-
tary monitoring program and bacteriological monitoring program have been placed in
-3-
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469
STORE!. During the summer of 1969 two or three algae samples were collected from
four locations in Lake Superior to provide qualitative and quantitative algal data.
This data is stored in STORET and is shown in Appendix F.
RECOMMENDATION 5
Secondary biological waste treatment or its equivalent be provided
by all municipalities discharging directly to or affecting Lake
Superior or its bays or harbors or interstate tributary streams.
This action is to be accomplished by January 1974 or earlier if
required by Federal-State Water Quality Standards.
On April 7, 1970 letters were sent to municipalities now having primary treat-
ment and affecting Lake Superior or its bays or harbors explaining that they would
be required to provide secondary biological waste treatment or its equivalent by
not later than January 1974 and 80% reduction of total phosphorus by January 1975.
The letter requested each municipality to transmit formal verification of their
intent to voluntarily comply with these pollution control requirements. A Stipula-
tion, including performance schedules, will be developed when these letters are
received. If verification is not received, the Commission will initiate procedures
leading to the issuance of a Final Order of Determination to insure that the re-
quirements of the conference are met timely. A copy of the letter sent to the
municipalities is included in Appendix G.
RECOiMENDATION 6
Continuous disinfection be provided throughout the year for all
municipal waste treatment plant effluents which are discharged
to or affect Lake Superior or its bays or harbors or interstate
tributaries. This action is to be accomplished as soon as
possible and not later than May 1970.
In January 1967, a policy was adopted by the Michigan Department of Public
Health requiring year-round disinfection of waste effluent from all municipal
treatment plants prior to discharge to the surface waters of the state. This
program is in full force and effect at all such communities within the Lake
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470
Superior basin. In addition, growing numbers of communities are instituting
bacteriological testing programs as a check on chlorine residuals and regimens.
Appendix H lists the 1969 bacteriological quality of municipal waste dischargers
to the Michigan portion of the Lake Superior Basin.
RECOMMENDATION 7
Continuous disinfection be provided for industrial effluents con-
taining pathogenic organisms or organisms which indicate the
presence of such pathogens which are discharged directly to or
affect Lake Superior or its bays or harbors or interstate tributaries.
This action should be accomplished as soon as possible and not
later than May 1970.
Where a public health hazard can be anticipated or shown to exist from an in-
dustrial waste effluent, disinfection of the waste is required prior to discharge.
RECOMMENDATION 8
Waste treatment be provided by municipalities to achieve at
least 80 percent reduction of total phosphorus from each State.
This action is to be accomplished by January 1975 or earlier if
required by Federal-State Water Quality Standards. At the next
session of the conference, the conferees will present a detailed
time schedule for their proposed programs.
On April 7, 1970 letters were sent to municipalities explaining that they would
be required to install and operate facilities for achieving a minimum of 80% removal
of total phosphorus from their wastes by not later than January 1975. The letter to
municipalities now having primary treatment also suggests that their engineers
evaluate the need for providing additional treatment in light of the State's Intra-
state Water Quality Standards. The letters requested each municipality to transmit
formal verification of their intent to voluntarily comply with these pollution con-
trol requirements. A Stipulation, including performance schedules, will be developed
when these letters are received. If such verification is not received, the Commission
will initiate procedures leading to the issuance of a Final Order of Determination
to assure that the requirements of the conference are met timely. Copies of the
letters sent to municipalities are included in Appendix I.
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RECOMMENDATION 9
Discharges of compatible industrial wastes to municipal sewer
systems be encouraged. Industries not connected to municipal
sewer systems provide treatment equivalent to that of munici-
palities so as not to cause degradation of Lake Superior water
quality. This action is to be accomplished by January 1974 or
earlier if required by Federal-State Water Quality Standards.
Michigan has had a long standing program that encourages the discharge of
industrial wastes to municipal collection and treatment systems where such wastes
are compatible or can be made compatible by pretreatment.
Appendix J includes a description of the type of waste treatment provided
by industries, the status of their treatment and any abatement action being taken
against these industries. There are currently three industries listed which have
a total of five discharges directly to Lake Superior. All three have satisfactory
abatement programs which adequately control the quality of their discharges.
A recent amendment to Act 245, Public Acts of 1929, requires that every in-
dustrial or commercial entity which discharges liquid wastes into any public lake
or stream shall have waste treatment facilities under the control of operators
certified by the Commission. The rules of certification are contained in Appendix
RECOMMENDATION 10
Each State water pollution control agency make necessary cor-
rections to the list in Appendix A (U. S. Department of the
Interior report "An Appraisal of Water Pollution in the Lake
Superior Basin", April 1969) of municipal and industrial waste
discharges to the Lake Superior Basin. In addition, informa-
tion should be provided on each source to indicate whether it
discharges pollutants, including nutrients, that have a dele-
terious effect on Lake Superior water quality. Detailed action
plans for treatment of all wastes having deleterious effects
should be developed where not already completed. Such plans
shall identify the principal characteristics of the waste
material now being discharged, the proposed program for con-
struction or modification of remedial facilities, and a time-
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472
table for accomplishment, giving target dates in detail. This
list shall be presented to the conferees at the next session
of the conference.
Appendix J lists the industrial waste effluent dischargers within the Lake
Superior basin while Appendix L lists the municipal waste effluent dischargers.
The tables in these appendices summarize information on the type of discharge,
type of treatment provided, improvement needs and the program for remedial action
where such is needed. These tables are revised editions of those originally sub-
mitted in Appendices I and J of "Report on Water Pollution Control in the Michigan
Portion of the Lake Superior Basin and its Tributaries".
RECOMMENDATION 11
Unified collection systems serving contiguous urban areas be
encouraged.
RECOMMENDATION 12
Each of the State's water pollution control agencies accelerate
programs to provide for the maximum use of area-wide sewage
facilities to discourage the proliferation of small treatment
plants in contiguous urbanized areas and foster the replacement
of septic tanks with adequate collection and treatment.
Act 228, Public Acts of 1967, is an act to regulate the subdivision of land,
and to promote the public health by providing authority to the Michigan Department
of Public Health to approve subdivision developments not served by public sewers,
contingent on the suitability of soils. This new program has already had a
beneficial effect in accelerating municipal collection and disposal systems in
nearby developing areas and preventing use of septic tank-tile field systems in
unsui tab le are as.
Act 329, Public Acts of 1966, as amended, establishes authority to provide
state grants for sewage treatment facilities in conjunction with federal grants
under United States Public Law 84-660, as amended. Pertinent provisions of Act
329 dealing with unified waste collection and treatment programs are as follows:
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"Sec. 7. Effective July 1, 1968 a grant shall not be made until
the local agency's governing body has adopted and submitted to the
water resources commission a comprehensive long-range plan for the
control of pollution in the area within its jurisdiction, herein-
after referred to as the official plan. If more than 1 local agency
has authority to provide service for sewage collection in the same
area, the required plan may be submitted jointly by the local agencies
concerned or by 1 local agency with the concurrence of the others.
"Sec. 8. An official plan shall:
(a) Provide for timely construction of sewage treatment
facilities which will prevent the discharge of un-
treated or inadequately treated sewage or other wastes
as defined by Act No. 245 of the Public Acts of 1929,
as amended, being sections 323.1 to 323.12a of the
Compiled Laws of 1948, into the waters of the state.
(b) Provide for adequate planning, zoning, population
projections and engineering and economic studies to
delineate with all practicable precision those portions
of the area which public sewerage systems may reason-
ably be expected to serve within 10 years, and within
20 years, and any areas in which the provision of such
services is not reasonably foreseeable.
(c) Be in compliance with the state pollution control plan
required by United States Public Law 84-660, as amended.
(d) Set forth a time schedule and proposed method of fin-
ancing, construction and operation of the pollution
control system.
(e) Be reviewed by the official planning agencies having
jurisdiction within the local agency, including the
regional planning agency, if any, for consistency
with programs of planning for the area, which reviews
shall be transmitted to the water resources commission
with the plan.
"Sec. 10. (1) The water resources commission may approve the official
plan as submitted or, if it finds the plan to be inconsistent with
proper local or regional water pollution control, it may return the
plan for appropriate modification. Where more than one local agency
is involved in an official plan and the local agencies are unable
to agree upon an official plan which the commission will approve,
the commission shall develop the necessary official plan.
(2) The commission may provide technical assistance to local
agencies in coordinating official plans.
(3) The commission shall cooperate with all appropriate federal,
state, interstate and local agencies and with appropriate
private organizations."
-------
RECOMMENDATION 15
Each State water pollution control agency list the municipalities
or communities having combined sewers. The listing should include
a proposed plan for minimizing bypassing so as to utilize to tne
fullest extent possible the capacity of interceptor sewers tor
conveying combined flow to treatment facilities. _The States are
requested to report on the listing of municipalities at the next
conference session. Construction of separate sewers or other
remedial action to prevent pollution from this source is to be
completed by December 31, 1979, or earlier if required by Federal-
State Water Quality Standards.
RECOMMENDATION 14
Existing combined sewers be separated in coordination with all
urban reconstruction projects except where other techniques can
be applied to control pollution from combined sewer overflows.
Combined sewers should be prohibited in all new developments.
Appendix M includes a list of municipalities having combined sewers.
In its supervisory capacity over municipal waste collection and treatment
systems, the Michigan Department of Public Health continues to promote the most
effective utilization of these systems. Adjustable regulating devices at points
of combined overflow are one of a number of techniques utilized to make use of
system storage capacities and minimize combined overflows.
In Michigan's water quality standards program and plan of implementation, the
Commission has developed a policy wherein all new sewerage systems are to be
developed on the basis of separate sewers for storm water and sanitary waste waters.
Whenever feasible, separated sanitary wastewater systems are not to be discharged
into existing combined systems. If such a discharge does occur, control facilities
must be developed on the combined system to provide for enhancement of the receiving
water quality commensurate with present and proposed future water uses and to be
consistent with the requirements of state law. In those areas where noncompliance
with the standards is determined to exist as the result of overflows of sanitary
waste water in storm runoff, the Commission is requiring the best practicable
treatment or control no later than June 1, 1977,
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475
RECOMMENDATION IS
The States institute necessary controls to ensure that the con-
centration of DDT in fish not exceed 1.0 micrograms per gram;
DDD not exceed 0.5 micrograms per gram; Dieldrin not exceed 0.1
micrograms per gram and all other chlorinated hydrocarbon
insecticides, singly or combined, should not exceed 0.1 micro-
grams per gram, * (limits apply to both muscle and whole body
and are expressed on the basis of wet weight of tissue). Other
such environmental standards for insecticides in the Lake Superior
Basin be established upon agreement by the States and the FWPCA
after establishing an intensive monitoring program.
Act 233, Public Acts of 1959, as last amended by Act 91, Public Acts of 1968,
provides for the licensing of persons engaged in the business of applying pesticides
and economic poisons out of doors, with the licensing program being administered by
the Director of the Michigan Department of Agriculture. The act further establishes
an Advisory Committee to consult with and aid the Director in the administration of
the act. The committee is composed of representatives of the Department of Public
Health, Department of Natural Resources, the Aeronautics Commission, the Water
Resources Commission, and the Pesticide Research Center of Michigan State University.
Based upon agricultural research at Michigan State University the Michigan
Department oi7 Agriculture was advised that almost all uses of DDT in Michigan could
be replaced by using other, generally less persistent materials. A regulatory
action cancelling registrations for the general sale of DDT followed, effective
June 27, 1969.
A copy of Act 91, Public Acts of 1968 is attached as Appendix N.
RECOMMENDATION 16
Uniform State requirements for controlling wastes from the
watercraft under such State's jurisdiction should be adopted.
These requirements should generally conform with the require-
ments approved by the conferees to the Lake Michigan (Four
State) Enforcement Conference. Commensurate interstate re-
quirements controlling the discharge of wastes from commercial
vessels should be the responsibility of the Federal Government.
The States and the FWPCA are requested to report on this
recommendation to the conferees at the next conference session.
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As previously reported, the Michigan Water Resources Commission in January 1968
adopted rules and regulations to control pollution from marine toilets on watercraft.
The rules do not allow the macerator-chlorinator and do authorize the use of holding
tanks or incinerators. The rules became effective January 1, 1970 and public
acceptance of this program has generally been encouraging. Private marina operators
are beginning to install pump-out stations and treatment facilities where needed
and the Michigan Waterways Commission has accelerated its program to provide similar
facilities at state harbors of refuge on the Great Lakes. Two state assisted marinas
(one at Marquette and one at Ontonagon) are planning to install pump-out stations on
Lake Superior.
RECOMMENDATION 17
The dumping of polluted dredged material into Lake Superior be
prohibited.
Act 247, Public Acts of 1955, as amended, authorized the former Department of
Conservation to regulate the deposition of materials on state bottom lands. All
requests for deposition of materials on such bottom lands are evaluated to determine,
prior to the issuance of a permit, whether the material to be deposited contains
substances which will cause pollution.
RECCMCNDATION 18
Programs be developed by appropriate State and Federal agencies to
control soil erosion in the Basin. The Wisconsin conferees will,
before the next session of the conference, distribute information
to the other conferees concerning the action plan developed by
the Red Clay Interagency Committee, and will report on the activ-
ities of the Red Clay Interagency Committee at the next conference
session. Following this report the conferees will give this matter
further consideration with a view toward making specific recommenda-
tions.
Under the authority vested in the Department of Natural Resources to protect
and conserve the natural resources of the state, permits to allow the construction
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>477
of culverts, bridges, road improvement projects involving public waters and
structures affecting navigation must be issued under Act 211, Public Acts of 1965
by the Hydrological Survey Division of the Bureau of Water Management. This same
Division issues permits when underground utility projects are to cross or be within
50 feet of a stream, lake or reservoir. Ihe objective is to insure good construction
practices so that watercourses are protected from siltation and unreasonable ob-
struction to flow. Portions of the "Handbook of Specifications for the Protection
of Natural Resources" which outlines procedures to prevent siltation are presented
in Appendix 0.
Under provisions of Act 296, Public Acts of 1936 Michigan has been divided
into 82 soil conservation districts. In the Lake Superior basin these districts
have developed programs with highway construction firms and utilities to help
reduce erosion during construction. Similar programs are being developed to deal
with subdividers and shopping center developers. The districts urge land owners
to have provisions written into easements that require pipeline companies to restore
topsoils after the completion of construction.
REGOMMENDATICN 19
The discharge of visible oil from any source be eliminated.
Discharges which cause visible films of oil, gasoline or related materials
on public waters are not permitted under any of the water uses listed in the Inter-
state Water Quality Standards adopted by the Michigan Water Resources Commission
on June 28, 1967.
There are no known potential sources of major spills of oil or other hazardous
materials in the Michigan portion of the Lake Superior basin.
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478
Changes in Other Programs
Michigan's Clean Water Bond Program
The bond program that was described in Chapter 1 of Michigan's report to the
first session has gotten underway. In June 1969 the Michigan State Legislature
passed implementing legislation to provide for spending $285 million of the bond
proceeds for sewage treatment works and intercepting sewers. In July 1969 imple-
menting legislation was passed to authorize the use of the remaining $50 million
for grants to assist in financing construction of collecting sewers.
A priority list of projects has been developed and has been approved by the
Commission and the Legislature. At each monthly meeting of the Commission a report
is presented which lists changes in the status of grant offers and developments
since the previous month's meeting and summarizes all action to date. The report
submitted at the April 1970 meeting is included in Appendix p.
Water Use Designation for Upper Peninsula Waters Previously Exempted
After issuance of the Attorney General's Opinion, Number 4590 described in
Chapter 1 on Michigan's report to the first session, the Michigan Water Resources
Commission held a public hearing on August 20, 1969 on the proposed water use des-
ignations for those waters previously exempted. The recommendations resulting
from the hearing and previous staff recommendations were adopted by the Commission
on November 19, 1969 and are presented in Appendix Q.
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479
APPENDIX A
Bacteriological Data for Lake Superior Waters Along Michigan's Coastline
-------
MAP |
LAKE SUPERIOR
BEACH SAMPLING LOCATIONS
1. Little G iris
Pt. Park
2. Black River Park
3. Porcupine Mts.
State Park
Ontonagon Twp.
Park
Stanford Twp.
Park
McLain State
Park
9.
10.
Ft. WMkins 11 .
State Park 12.
Baraga State 13.
Park
Arvon Twp. Park 14.
Marquette
Mun i s ing
Grand Marais
Lake Superior
Camp Grounds
Bay V i ew
cc
o
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TABLE I
SUMMARY OF BACTERIOLOGICAL DATA FOR LAKE SUPERIOR WATERS
ALONG MICHIGAN'S UPPER PENINSULA COASTLINE
1967 Results
1968 Results
1969 Results
Sampl i ng
Locat ion
1 . Little Girls
Pt. Park
2. Black River
Park
3. Porcupine Mts.
State Park
4. Ontonagon Twp.
Park
5. Stanford Twp.
Park
6. McLain State
Park
7. Ft. Wi Ikins
State Park
8. Baraga State
Park
9. Arvon Twp.
Park
10. Marquette
1 1 . Muni s ing
12. Grand Marais
13. Lake Superior
Camp Grounds
14. Bay View
Min.
230
230
230
230
230
<30
<30
<30
<30
<30
<30
91
91
<30
Max.
930
230
930
230
230
230
210
930
1,500
9,300
91
91
430
91
Geo.
Mean
462
230
385
230
230
41
52
206
212
527
519
91
198
53
No. of
Samples
2
2
5
2
2
7
6
4
2
2
2
1
2
2
Min.
36
1,500
36
<30
<30
<30
<30
230
430
73
<30
<30
<30
<30
Max.
1 ,500
24,000
2,300
2,300
430
l ,500
930
2,300
2,300
2,300
24,000
<30
360
750
Geo.
Mean
246
4,337
287
313
130
1 10
42
822
994
237
684
30
63
80
No. of
Samples
4
4
8
4
4
8
12
4
2
8
8
3
6
8
Min.
30
9
73
30
30
30
30
36
30
30
30
3
3
3
Max.
230
930
750
230
230
36
230
2300
73
4300
230
360
930
230
Geo.
Mean
51
98
164
71
52
32
43
169
37
181
57
36
52
49
No. of
Samples
6
6
6
6
6
6
6
7
6
6
6
6
6
6 -fr
00
H
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482
APPENDIX B
Radioactivity Sample Results
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RADIOACTIVITY SAMPLE RESULTS
WATER INTAKE
MARQUETTE, MICHIGAN
MICROMICROCURIES / LITER
Year January February March Apr!1 May
1959
I960
1961
t-O
V 1962
1963
1964
1965
1966
1967
1968
1969
Act. % +*
0
0
0
4 53
0
2 105
6 37
10 23
4 53
<1 -
Act. % +
2 80
0
0
4 53
6 28
4 53
< 1
< 1
0
Act. % + Act. % + Act. % +
0 — 0
3 53 4 45
0 0 0 —
0 — 3 53 0 —
4 53 0 7 28
<} -
6 37 <1 -- <1 --
6 37 3 37 <1
<1 — <1 — <]
*] - <1 -
0
Act. % + Act. % + Act. % + Act. % + Act. % + Act. % + Act. % +
0 -- 0 -- 0 -- 0 6 140 5 35
3 60 0 o — • 0 -- 0 -- 0 --
0 — 0 0 — 4 53 6 28 4 53 7 23
11 16 0 0 — 5 37 19 10 0 -- 0
15 12 10 19 8 23 4 53 0 — 0
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