^ 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 ------- T. G. Frangos MR. FRANGOS: Well, I understand your ques- | I 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 i ! action ought to be and at the same time we can bring to i | | you specifically the situation in each one of these j communities and proceed along the lines that you sug- I i 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 ------- 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 ------- 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 ------- 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 ------- 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 I the regional people of FWQA and see if we can't develop ! i 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 ------- 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 ------- 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 | ! strictly from our own State point of view that these are i 1 very serious and that we are exercising every legal and I administrative device that we have to get cleanup. | ! MR. STEIN: Right. Well, if I don't get a i | 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, ------- 446 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 ------- 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. ------- 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. ------- 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. ------- ____ 450_ 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 ------- . 451 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 i I on 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 ------- 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 ------- 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 i j to assure that the requirements of the conference are met; i 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. ------- R. J. Courchaine Appendix J includes a description of the type i of waste treatment provided by industries, the status of j their treatment and abatement action being taken to , i i implement this recommendation. This abatement action is I I 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 ; i abatement programs which adequately control the quality j of their discharges. j The Hoerner-Waldorf Pulp and Paper Mill at ; i 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. ------- . 435 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 i | schedule which will require: A date for retaining engineers; A date for submitting preliminary engineering j 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. ------- 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. i Recommendations 11 and 12, unified collection I I systems serving contiguous urban areas be encouraged and i ! 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, ------- 457 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 ------- 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 ! 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 i 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 ------- 439 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- | j lie Health, Department of Natural Resources, the Aero- ! ! nautics Commission, the Water Resources Commission, and I I the Pesticide Research Center of Michigan State University Based upon agricultural research at Michigan I I State University, the Michigan Department of Agriculture I | j was advised that almost all uses of DDT in Michigan could I 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 ------- 460 R. J. Courchaine | regulations to control pollution from marine toilets on watercraft. The rules do not allow the macerator- i ! 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 i I i to install pump-out stations and treatment facilities i where these are needed, and the Michigan Waterways Com- mission has accelerated its program to provide similar \ \ j facilities at State harbors of refuge on the Great Lakes. i i ! Two State-assisted marinas (one at Marquette and one at i I Ontonagon) are planning to install pump-out stations on i Lake Superior. i 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. ------- 461 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 I | 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 ------- 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 ------- 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. j 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 ------- 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:) ------- 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 ------- 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 ------- 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. ------- 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- ------- 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 -4- ------- 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. -5- ------- 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- -6- ------- 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: -7- ------- "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, -q- ------- 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. -10- ------- 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 -11- ------- >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. -12- ------- 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. -13- ------- 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 ------- 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 ------- 482 APPENDIX B Radioactivity Sample Results ------- 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 |