REPORT ON POLLUTION OF
THE MERRIMACK RIVER
AND CERTAIN TRIBUTARIES —
part VI - Pemigewasset River
MASS.
U.S. DEPARTMENT OF THE INTERIOR
FEDERAL WATER POLLUTION CONTROL ADMINISTRATION
Merrimack River Project-Northeast Region
Lawrence, Massachusetts
August 1966
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REPORT ON
POLLUTION OF THE MERRIMACK RIVER
AND CERTAIN TRIBUTARIES
PART VI - PEMIGEWASSET RIVER
U. S. Department of the Interior
Federal Water Pollution Control Administration
Northeast Region
Merrimack River Project
Lawrence, Massachusetts
August 1966
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TABLE OF CONTENTS
PAGE NO.
INTRODUCTION 1
THE AREA 3
SOURCES OF POLLUTION 4
GENERAL 4
BACTERIA 6
SUSPENDED SOLIDS 9
BIOCHEMICAL OXYGEN DEMAND 9
SULFITE WASTE LIQUOR 10
WATER USES 11
MUNICIPAL USE 11
INDUSTRIAL USE 11
RECREATION 12
EFFECTS OF POLLUTION ON WATER QUALITY AND USES 15
BACTERIAL POLLUTION . .- 15
SUSPENDED SOLIDS 18
DISSOLVED OXYGEN 20
SULFITE WASTE LIQUOR 22
FUTURE WATER QUALITY ' 26
SUMMARY AND CONCLUSIONS 29
APPENDIX 33
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LIST OF FIGURES
FIGURE NO.
1
2
5
6
8
FOLLOWS PAGE NO.
Pemigewaaaet and Merrimack Rivera .... Appendix A-3
Coliform Bacteria Population Equiva-
lents 8
Suspended Solids Population Equiva-
lents 10
Biochemical Oxygen Demand Loads 10
Contribution of Sulfite Waste Liquor . . 10
Dissolved Oxygen in the Pemigewasset
River 22
Sources of Sulfite Waste Liquor to
Pemigewasset-Merrimack Rivers Above
Lawrence, Massachusetts 22
True Color vs. Sulfite Waste Liquor
as Found in Merrimack River Basin . . 24
Minimum Alum Required to Reduce Color
to 15 ppm or Less 26
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LIST OF TABLES
TABLE NO. PAGE NO.
1 Estimated Characteristics of Sewage and
Industrial Wastes Discharged to Pemi-
gewasset River and Tributaries Within
Study Area 7
2 New Hampshire Water Use Classification
and Quality Standards 16
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INTRODUCTION
In accordance with the written request to the Secretary of
Health, Education, and Welfare from the then Governor Endicott Peabody
of Massachusetts, dated February 12, 1963> and on the basis of reports,
surveys, or studies, the Secretary of Health, Education, and Welfare,
on September 23, 1963 > called a conference under the provisions of the
Federal Water Pollution Control Act, as amended (33 USC U66 et seq.),
in the matter of pollution of the interstate waters of the Merrimack and
Nashua Rivers and their tributaries (Massachusetts-New Hampshire) and
the intrastate portions of those waters within the state of Massachusetts,
Interstate pollution originating in the Pemigewasset River Basin was
included in this conference. The conference was held February 11, 1964,
in Faneuil Hall, Boston, Massachusetts.
Subsequent to the conference, the Secretary of Health,
Education, and Welfare recommended appropriate pollution abatement
action. For pollution originating in New Hampshire, he recommended
that the New Hampshire Water Pollution Commission take appropriate
action under its water pollution control program, and state and local
law, to insure that a commensurate program with that proposed by
Massachusetts be carried out. Essentially, this meant that, for
Franconia Paper Corporation, Lincoln, New Hampshire, a definite time
schedule for completion of final plans, financing, and construction was
to be established no later than the end of 1965.
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This report is based on data, reports and other materials
furnished by the New Hampshire Water Pollution Commission, the Massachu-
setts Department of Public Health, and the New England Interstate Water
Pollution Control Commission; data furnished by the cities of Lowell and
Lawrence, Massachusetts; information furnished by other interested Fed-
eral agencies; information provided by citizens living in the Pemigewasset
River Basin; official records of the U. S. Department of the Interior;
and data obtained by the Merrimack River Project through field and labora-
tory studies. The cooperation of the numerous agencies and individuals
is gratefully acknowledged.
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THE AREA
The Pemigewasset River, which is situated entirely within New
Hampshire, has its headwaters in the White Mountains. This river drains
1,021 square miles and flows in a generally southerly direction to Frank-
lin, New Hampshire, some sixty-four miles downstream. The average slope
is twenty-five feet per mile. The East Branch Pemigewasset River joins
the North Branch about fiftv-four jniles above its mouth and has a drainage
age of 115 square miles.
At Franklin, New Hampshire, the Winnipesaukee River joins the
Pemigewasset River to form the I'errimack River, as shown in Figure 1 at
the back of this report. The changing of the name of the river does not
end the interstate waterway. Therefore, the Pemigewasset, being the major
tributary, is a continuation of the Kerriniack River. The Merrimack flows
in a southerly direction from Franklin. After entering Massachusetts, it
turns abruptly east for a distance of about 'forty-five miles, where it
empties into the Atlantic Ocean at Newburyport, Massachusetts. The Merri-
mack River has a total length of 116 miles with a watershed area of 5,010
square miles, of which 3,800 square miles are in New Hampshire and 1,210
square miles are in Massachusetts.
The Pemigewasset River Basin includes prime recreation area
with the result that there is a considerable tourist population during the
summer and winter months. Waters of the Pemigewasset River would be avail-
able for many uses if the pollution of the river were abated.
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SOURCES OF POLLUTION
GENERAL
Both sewage and industrial wastes contain a variety
of obnoxious constituents which can damage water quality and restrict
its use. Oxygen-demanding materials can limit or destroy fish,
fish food organisms and other desirable aquatic life by removing
dissolved oxygen from the river. Greasy substances can form objec-
tionable surface scums, settleable solids can create sludge deposits,
and suspended materials can make once attractive waters appear turbid.
Materials causing a stream to be colored make it esthetically
unpleasant and can make municipal and industrial water supplies more
expensive to treat.
Industrial wastes may also contain objectionable chemicals
and toxic substances that can kill aquatic life, taint fish flesh
or promote slime growths in the receiving waters. Heat from industrial
processes or steam-electric generating plants can magnify the adverse
effects of other decomposing wastes and, if excessive, can injure or
kill fish and aquatic life.
Sewage contains astronomical numbers of intestinal bacteria
which were released in man's excretions. Some of these may be
pathogens which can reinfect man with a variety of diseases.
The oxygen demand of sewage and industrial wastes, as
measured by the 5-day biochemical oxygen demand test, indicates their
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potential for reducing the dissolved oxygen content of the river waters.
The coliform bacteria content of raw and treated sewage indicates the
density of sewage-associated bacteria, which may include disease-
producing organisms, discharged to the river. The oxygen-demanding
loads are expressed as population equivalents (PE) of 5-day biochemical
oxygen demand (BOD); the bacterial loads are expressed as bacterial
population equivalents (BPE) of total coliform bacteria. Each PE or
BPE unit represents the average amount of oxygen demand or coliform
bacteria normally contained in sewage contributed by one person in
one day. (One PE equals one-sixth pound per day of 5-day BOD, and
one BPE equals about 250 billion coliform bacteria per day.)
Primary treatment plants, which consist essentially of
settling tanks and sludge digesters, can remove most of the scum and
settleable solids, about one-third of the oxygen-demanding material
and approximately 50 per cent of the bacteria. Secondary plants
consist of biological treatment units, such as trickling filters,
activated sludge systems or oxidation lagoons. Such plants can remove
about 90-95 per cent of the BOD, suspended solids and coliform bacteria.
Chlorination facilities for disinfection of properly treated sewage
plant effluents can destroy more than 99 per cent of the sewage
bacteria. To accomplish these reductions, however, treatment facilities
must be properly designed and skillfully operated.
Raw and partially treated sewage and industrial wastes are
discharged along most of the length of the Pemigewasset River.
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A stannary of the waste discharged is presented in Table 1. The values
are based primarily on studies by the New Hampshire Water Pollution
Control Commission.
BACTERIA
Billions of bacteria, frequently including disease-causing
organisms, are contained in the excreta of each person. If these
bacteria are not drastically reduced by suitable treatment of the
wastes, large numbers enter the streams receiving the wastes. Coliform
bacteria, including those whose normal habitat is the intestinal tract
of man and other warm-blooded animals, are normally used as indicators
of recent bacterial pollution.
Only two of the seven jurisdictions responsible for the
discharge of sewage in the study area have any type of treatment.
Plymouth has a waste stabilization pond which serves only a small
portion of the population. New Hampton also has a waste stabilization
pond.
Plymouth, New Hampshire, with a discharge containing a
bacterial population equivalent of 1,220 is responsible for 25.1
per cent of the total estimated bacterial pollution in the Pemigewasset
River. Bristol contributes 2^.6 per cent of the total while Lincoln,
Ashland and North Woodstock contribute 20.5, lU.U and 10.3 per cent,
respectively. The data are illustrated in Figure 2.
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TABLE I
ESTIMATED CHARACTERISTICS OF SEWAGE AND INDUSTRIAL WASTES
DISCHARGED TO PEMIGEWASSET RIVER AND TRIBUTARIES WITHIN STUDY AREA
DISCHARGE
Franconia Paper
Corp., Lincoln
Lincoln
North Woodstock
Canpton
Plymouth
Ashland
Ashland Paper
Mills, Ashland
TYPE
OF
TREATMENT
None-except that
bark is burned
None
None
None
Partly untreated
Partly oxidation
None
None
POPULATION TCQTTTVATJnWPS DISCHARGED
BACTERIAL
NUMBER
1,000
500
200
1,220
pond
700
% TOTAL
20.5
10.3
U.I
25.1
1U.U
SUSPENDED SOLIDS
NUMBER
200,000
1,000
500
200
1,230
700
78,000
% TOTAL
69.57
0.35
0.17
0.07
O.U3
0.2U
27.13
OXYGEN DEMAND
NUMBER
Uoo,ooo
1,000
500
200
1,220
700
12,000
% TOTAL
9U.52
0.2U
0.12
O.OU
0.29
0.17
2.8U
L. W. Packard Co., Flock recovery
Ashland
U,100
1.U3
5,800 1.37
New Hanpton
Oxidation pond
50
1.0
70
0.02
50
0.01
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TABLE 1 (Continued)
TOTS POPULATION EQUIVALENTS DISCHARGED
DISCHARGE
Bristol
Louis Verza Leather
Inc., Franklin
TOTAL
i
00
i
OF BACTERIAL
TREATMENT ' NUMBER % TOTAL
None 1,200 24.6
, Sedimentation
4,870 100.00
SUSPENDED
NUMBER
1,200 •
500
287,500
SOLIDS
% TOTAL
0.42
0.17
100.00
OXYGEN
NUMBER
1,200
500
423,170
DEMAND
% TOTAL
0.28
0.12
100.00
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COLIFORM BACTERIA
POPULATION EQUIVALENTS
PEMIGEWASSET RIVER
AREA* IOOO B.P.E.
FIGURE 2
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SUSPENDED SOLIDS
The over-all suspended solids discharged to the Pemigewasset
River watershed are equivalent to those in the raw sewage of 287>500
persons. Over 98 per cent of all the suspended solids discharged
emanate from industrial plants. The largest source of suspended solids
is the Franconia Paper Corporation of Lincoln, New Hampshire, where
200,000 suspended solids population equivalents, approximately 70 per
cent of the total, originate. Ashland Paper Mills in Ashland discharge
approximately 27 per cent of the total suspended solids. Figure 3
indicates the relative amount of suspended solids discharged to the
Pemigewasset River system from each source.
BIOCHEMICAL OXYGEN DEMAND
Sewage and industrial wastes presently discharged to the
Pemigewasset River have an estimated biochemical oxygen demand (BOD)
population equivalent of 423,170. Industrial discharges contribute
approximately 99 per cent of the total. The wastes from Franconia
Paper Corporation of Lincoln, New Hampshire, contain a biochemical
oxygen demand equivalent to the raw sewage from approximately 1+00,000
persons. This discharge accounts for 94.5 per cent of the total BOD
discharged in the Basin, while Ashland Paper Mills in Ashland con-
tributes approximately 2.8 per cent, and L. W. Packard Company in
Ashland discharges approximately 1.4 per cent of the total oxygen
demanding material. The BOD loadings are shown in Figure 4.
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SULFITE WASTE LIQUOR
Sulphite waste liquor (SWL) arises from the delignification
of wood with a bisulfite-sulfurous acid solution and contains about
10 per cent of solutes which are non-volatile at the cooking temperature.
These solutes consist of about 65 per cent lignin sulfonates and 25
per cent sugars. A standardized method, called the Pearl-Benson method,
is used to estimate sulfite waste liquor concentration in waters.
During 1965 the Merrimack River Project examined the sulfite
waste liquor concentration in every significant tributary of the
Pemigewasset River and, also, the amount of this material from the
Franconia Paper Corporation at Lincoln, New Hampshire. Each tributary
contained some "lignin-like" materials, however slight. Of the total
amount of sulfite waste liquor reaching the mouth of the Pemigewasset
River at Franklin, New Hampshire, it is conservatively estimated that
99.2 per cent originates with the Franconia Paper Corporation. The
remaining 0.8 per cent comes from all the Pemigewasset River tributaries
combined. The .relative amount of sulfite waste liquor from each source
is shown in Figure 5-
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SUSPENDED SOLIDS POPULATION EQUIVALENTS
PEMIGEWASSET RIVER
NORTH
WOODSTOCK
PLYMOU
LOUIS VERZA LEATHER CO
FRANCONIA
PAPER CORP.
ASHLAND
PAPER
MILLS
O ASHLAND
NEW
HAMPTON
FIGURE 3
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BIOCHEMICAL OXYGEN DEMAND LOADS
PEMIGEWASSET RIVER
BRISTOL
FRANCONIA PAPER CORPORATION
ASHLAND
PAPER MILLS
LOUIS
VERZA LEATHER, INC.
AREA- 100,000
POPULATION
EQUIVALENTS
FIGURE 4
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CONTRIBUTION OF SULFITE WASTE LIQUOR
PEMIGEWASSET RIVER
UPPER PEMIGEWASSET RIVER
LOST RIVER O
BEAVER BROOK
GLOVER BROOK
BAGLEY BROOK
WEST BRANCH BROOK
BOG RIVER BROOK
BAKER RIVER
CHANCE POND BROOK
FRANCONIA PAPER CORP
NEWFOUND O
RIVER
SMITH0
RIVER
AREA = 50% OF THE
SULFITE WASTE
LIQUOR FOUND AT THE
MOUTH OF THE
PEMIGEWASSET RIVER
FIGURE 5
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WATER USES
MUNICIPAL USE
Although there is no municipal water use of the Pemigewasset
River at the present time, two communities withdraw water downstream
of the Pemigewasset. Lawrence, Massachusetts, has been using the
Merrimack River as a source of municipal water supply since l893>
with an estimated 90,000 persons in Lawrence and Methuen being served
by the treated water. The principal source of water supply for the
city of Lowell, Massachusetts, since January 1963* has been the
Merrimack River. Approximately 65,000 persons are served by this
treated water. Lowell's water intake is located 6.k miles below the
New Hampshire-Massachusetts state line
With the rapidly increasing populations in many of the cities
and towns along the Merrimack River, additional municipalities may need
to make use of this convenient source of water supply. Concord,
Manchester and Nashua, New Hampshire, and Chelmsford, Tyngsboro,
Andover, Tewksbury and West Newbury, Massachusetts, have already been
mentioned as potential users of the Merrimack River.
INDUSTRIAL USE
There are four major industrial water users other than those
which use the water only for generating electricity in the Pemigewasset
River watershed. The Franconia Paper Corporation, Lincoln, New Hampshire,
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uses the East Branch Pemigewasset River for generating electricity, for
processing pulp wood and for making paper. L. W. Packard and Company,
Incorporated, Ashland, New Hampshire, uses the water from the Squam
River for generating electricity and for processing wool. The Ashland
Paper Mills, Incorporated, Ashland, New Hampshire, uses the Squam River
for mechanical power and for processing paper.
The Pemigewasset River watershed has three hydroelectric
stations owned and operated by the Public Service Company of New
Hampshire. The International Packing Corporation, Bristol, New
Hampshire, generates electricity for in-plant use.
In 195^ approximately 185 million gallons per day of water
were taken from the Merrimack River for industrial water use in the
major industrial centers of Manchester, New Hampshire, and Lowell,
Lawrence and Haverhill, Massachusetts. Some industries use the Merri-
mack River for process water, even though the water has to be precon-
ditioned because the water quality is poor.
RECREATION
Water-oriented recreational activity has been increasing
rapidly on a national scale, especially near centers of population.
However, a similar increase has not been possible on the Pemigewasset
and Merrimack Rivers because of their polluted condition. The U. S.
National Park Service in 195^ estimated that, with the implementation
of the recreational plan proposed, tangible benefits of fifteen million
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dollars annually would be added to the economy of the Merrimack Basin.
No doubt the benefits would be greater today because of the increased
pressure for recreation. The total economic loss in the Merrimack
River Basin due to pollution is estimated to be over thirty-seven million
dollars a year.
Hiking, hunting, fishing, bathing, boating and sight-seeing
are all important recreational uses enjoyed in the Pemigewasset River
watershed. The White Mountain National Forest which is located north
of Campton, New Hampshire, offers a variety of recreational activities.
The U. S. Forest Service maintains numerous hiking trails, and much of
the region away from the main river is semi-wilderness that provides
big game hunting for deer and black bear.
Nearly all the tributaries to the Pemigewasset River are
fished for trout. SaLnon, until the 1800's, ascended the Pemigewasset
River at least as far as Livermore Falls, Officials of the U. S. Fish
and Wildlife Service have stated that if pollution in the Merrimack and
Pemigewasset Rivers were eliminated, fish elevators could be built at
the dams, and anadromous fish, including salmon, could be reintroduced
in the rivers. Landlocked salmon ascend the Cockermouth and Fowler
Rivers from Newfound Lake during the spawning season each year. The
Pemigewasset River has trout in the upper reaches above Lincoln but
none below since the severe pollution caused by Franconia Paper Corpo-
ration's pulp and paper wastes renders the stream unfit for fish life.
The New Hampshire State Planning and Development Commission stated that
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recreational property was a substantial portion of all property in the
Pemigewasset River watershed and that the percentage of recreational
property is increasing each year.
The completion of Interstate Highway -93 to Plymouth, New
Hampshire, and the opening of the Kancamagus Highway in the White
Mountains made the Pemigewasset River area more readily accessible
from the metropolitan areas of Boston, New York and Montreal.
A great influx of people occurs each summer in the Pemige-
wasset River watershed. It is of interest to note that, in general,
this summer increase of population takes place within a narrow band
lying along the Pemigewasset River and on major lakes.
Local governments in the Pemigewasset River watershed derive
approximately 50 per cent greater tax support than the state average
from recreational property. This is due in part to the fact that non-
residents of New Hampshire have bought, rebuilt or redecorated old farm
houses for summer residences. Recreation and industry are the two top
sources of total income in the Pemigewasset River watershed.
It is expected that the demand for recreational facilities
of all types will increase in the future, with rivers and lakes being
the nucleus of most of these facilities.
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EFFECTS OF POLLUTION ON WATER QUALITY AND USES
Water quality of the Pemigewasset River has been studied
frequently by the Nev; Hampshire Water Pollution Commission between
19*1-6 and the present time. In a staff report published November 1958?
the Commission indicated that the Pemigewasset River was generally of
Class D (Table 2) or below- this condition from its confluence with the
East Branch at Lincoln, New Hampshire, to the Public Service Company
of New Hampshire's dam in Franklin, a distance of fifty-three miles.
During 1965 the Merrimack River Project made studies of the
sulfite waste liquor in the Pemigewasset River Basin and downstream
waters.
BACTERIAL POLLUTION
Municipal sewage contains enormous numbers of bacteria,
among which there are frequently pathogenic bacteria that can cause
gastrointestinal diseases such as typhoid fever, dysentery and diarrhea,
The pathogenic organisms can cause illness to persons who swallow water
containing them. Infectious hepatitus, a virus disease, can also be
caused by ingesting sewage-polluted water; and eye, ear, nose, throat
or skin infections may result from bodily contact with such waters.
If the densities of pathogenic organisms are reduced by sewage treat-
ment, dilution or by natural self-purification, the hazards of con-
tracting disease are proportionately reduced.
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7A.-L. 3
NEW HAMPSHIRE HATER USE CLASSIFICATION
AND QUALITY STANDARDS
Dissolved oxygen
Coliforn bacteria
MPH/100 ml.
pH
Substances potentially
toxic
Sludge deposits
Oil and grease
Color and turbidity
Slick, odors and surface-
floating solids
CLASS A
Potentially acceptable
for public water supply
after disinfection.
(Quality uniformly ex-
cellent.)
Not less than 1% gat.
Not more than 50.
5.0 - 8.5
None
None
None.
Not in objectionable
amounts.
None.
CLASS B
B-l
Acceptable for bathing
and recreationf fish hab-
itat and public water
supply after adequate
treatment. (High esthetic
value.)
Not leas than 75* sat.
Not more than 2UO
5.0 - 8.5.
Not in toxic concentrations
or combinations.
Not in objectionable
amounts.
None
Not in objectionable
amounts
Nona
B-2
Acceptable for recrea-
tional boating, fish hab-
itat, industrial and pub-
lic water supplies after
adequate treatment.
(High esthetic value.)
Not less than 75% sat.
Not more than 1,000.
5.0 - 8.5.
Not In toxic concentrations
or combinations.
Not In objectionable
amounts.
Not in objectionable
amounts.
Not in objectionable
amounts.
Not in objectionable
amounts.
CLASS C
Acceptable for recrea-
tional boating, fish hab-
itat, and industrial water
supply. (Third highest
quality.)
Not less than 5 Ppn.
Not specified
5.0 - 8.5.
Not in toxic concentrations
or combinations.
Not in objectionable
amounts.
Not in objectionable
amounts.
Not in objectionable
amounts.
Not In objectionable
amounts.
CLASS D
Devoted to transportation
of sewage or industrial
waste without nuisance.
(Lowest classification.)
Present at all times.
Not specified.
Not specified.
Not in toxic concentrations
or combinations.
Not in objectionable
amounts.
Not of unreasonable
quantity or duration.
Not of unreasonable
quantity or duration.
Rot of unreasonable
quantity or duration.
NOTE: The waters In each classification shall satisfy all provisions of all lower classifications.
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Sewage also contains bacteria of the coliform group which
can readily be detected even at low densities. These bacteria, although
most are harmless themselves, are indicators of the probable presence
of pathogenic bacteria and viruses. Coliform organisms are, therefore,
used as a tool in evaluating bacterial pollution of streams and as a
basis for water quality objectives for various water uses.
The coliform group is usually designated as total coliforms
with test results expressed in terms of numbers per 100 milliliters
(ml) of water. One hundred milliliters is a little less than one-half
cup.
For sources of municipal water supplies, the New Hampshire
limit is 1,000 coliform bacteria per 100 milliliters, provided the
water treatment is adequate. The New Hampshire limit for bathing
waters is 2^0 coliforms per 100 ml.
No total coliform standard of water quality has been adopted
for the recreational uses of fishing and boating. Where such a limit
has been adopted in other states, the commonly used value is 5,000
per 100 ml.
With the exception of the waste stabilization ponds treating
sewage from New Hampton and a portion of the sewage from Plymouth, New
Hampshire, there has been no reduction of sewage entering the Pemige-
wasset River since the 1958 report was published by the New Hampshire
Water Pollution Commission. Therefore, the 1958 conditions should be
indicative of conditions at the present time, but with n lower peak
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coliform density below Plymouth.
About twenty-nine of the thirty-five miles of stream between
Horth Woodstock and New Hampton are above 5,000 coliforms per 100 ml
and nre not suitable for recreational uses without adequate treatment
of present sewage discharges.
SUSPENDED SOLIDS
Excessive suspended solids in a stream diminish the beauty
of the water. When they flov; through a slow-moving section of the
stream, such as an impoundment, the particles tend to settle to the
bottom to form sludge. The blanket of sludge on the bottom of the
river covers the areas which otherwise would be used by fish in spawn-
ing and, thereby, reduce the fish population below its potential. In
addition, the sludge-covered bottom is not a suitable habitat for
insect larvae or other aquatic life which normally live on the bed of
a clean stream and serve as food for the fish. If the sludge deposits
e;:ert an oxygen demand, the oxygen may be depleted, and gases with
offensive odors may be given off. In many cases these gases contain
hydrogen sulfide. The sulfide may react with points on buildings,
boats and structures, and discolor the paint.
Frequently the gases from decomposition buoy up the sludge,
vhich v.'ill then float on the stream surface causing unsightly conditions,
Gas bubbles can be seen at many locations along the Pemigewasset River.
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Ideally, a stream bottom should be free of pollutants that
will adversely affect the composition of the bottom fauna, interfere
with the spawning of fish or their eggs, or adversely affect the
physical or chemical nature of the bottom. Sludge on the bottom of the
Pemigewasset River causes all of these adverse conditions.
The impoundment on the Pemigewasset River behind Ayers Island
Dam at Bristol, New Hampshire, provides an excellent example of the
consequences of large quantities of suspended solids discharged to a
stream. Deep sludge deposits exist in this impoundment which tend to
fill the reservoir and reduce or eliminate many water uses. In addition,
the dissolved oxygen is depleted near the bottom, and hydrogen sulfide
is generated. When the water is released at Ayers Island Dam, the
hydrogen sulfide is given off to the atmosphere, creating obnoxious
odors and discoloring the paint of nearby houses.
On August 18, 1965* dozens of homes in Bristol, New Hampshire,
were disfigured when hydrogen sulfide from the Pemigewasset River turned
the paint on the homes an ugly dark color. The damage ran into thousands
of dollars. Hydrogen sulfide again disfigured about fifty homes in
Bristol, New Hampshire, on August 23, 1966.
As a result of nuisances caused by waste discharges to the
Pemigewasset River, the Pranconia Paper Corporation is under a court
order as of March 30, 1966, which in part reads "If...the nuisance can
be abated by appropriate measures short of complete prohibition of
pollution...no reason appears why the employment of such measures may not
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be required by appropriate order prohibiting further pollution... an
unconditional order which would require immediate cessation of all
pollution of the waters in question may be entered if the private
nuisance can be abated in no other way." The entire court order is
given in the Appendix.
Property values along the Pemigewasset River have been
reduced; persons living near the river are disgusted with the pollu-
tion. Some families owning homes along the river have had to move to
rented quarters elsewhere during the summer months to escape the odors.
The operator of a boys' camp along the Ayers Island impoundment was
compelled to construct a swimming pool at a cost of $12,000 to offer
water activities during the summer. He must also bus his registrants
to ponds or lakes in other areas for boating and training activities
requiring body contact with the water. The enrollment dropped twenty
per cent in 1965* The camp owner feels the pollution of the Pemige-
wasset River was a strong factor in the decline. Large sludge pads
were evident in the small backwash streams at the camp.
DISSOLVED OXYGEN
Sewage and many industrial wastes contain organic matter
which decomposes and exerts an oxygen demand in the receiving stream.
If the dissolved oxygen (D.O.) is reduced below an adequate level, the
fish population and the aquatic life on which the fish feed are killed
or driven out of the area. Most water pollution control agencies have
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adopted a minimum 5 mg/1 D.O. objective to maintain the maximum
potential warm water fish population. The New Hampshire water quality
standard for Class C waters required the dissolved oxygen to be not
less than 5 mg/1. Class C waters are acceptable for recreational boat-
ing, fish habitat and industrial water supply. See Table 2.
The New Hampshire Water Pollution Control Commission obtained
dissolved oxygen values in the Pemigewasset Biver during the critical
months of June through September of 1960, 1961 and 1962. Results of
these tests are presented in Figure 6. Average concentrations of
dissolved oxygen are considerably below that of the background station
upstream of the East Branch Pemigewasset River. The section of the
river behind the Ayers Island Dam showed the effects of reduced reaera-
tion and sludge deposits. An average of 2.7 mg/1 of oxygen occurred
at the dam, only about half the concentration considered to be the
minimum for good fish habitat. Minimum values of dissolved oxygen were
below 5 mg/1 at every sampling location downstream of the East Branch
Pemigewasset River. Values below 1 mg/1 were common. With few excep-
tions, the dissolved oxygen levels in the Pemigewasset River from the
East Branch Pemigewasset River in Lincoln, New Hampshire, to the mouth
in Franklin, & distance of fifty-four miles, are inadequate to support
desirable fish life.
- 21 -
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SULFITE WASTE LIQUOR
The degree of interstate pollution resulting from waste
discharges to the Pemigewasset River was evaluated by intensive studies
undertaken by the Merrimack River Project during 1965. Sulfite waste
liquor analyses were carried out by the Pearl-Benson Test, on some 28k
samples of the Pemigewasset and Merrimack rivers from Lincoln, New
Hampshire, to Lawrence, Massachusetts, and from every significant
tributary.
Results of the study indicate that, of the sulfite waste
liquor found in the Merrimack River at Lawrence, Massachusetts, 96.6
per cent originate from the Franconia Paper Corporation, Lincoln, New
Hampshire. The remainder is contributed by the various tributaries,
with the Nashua River having 1.36 per cent of the total. The sources
of the sulfite waste liquor reaching Lawrence, along with the per cent
from each, are shown in Figure 7.
Samples were obtained every thirty minutes from the East
Branch Pemigewasset River below the Franconia Paper Corporation and
composited over a twenty-four hour period. Laboratory tests, using
the Warburg apparatus, indicated that after fifteen days nearly all
the biodegradable organic materials had been oxidized. However, the
sulfite waste liquor was reduced only 6.5 per cent. This indicates
that the lignin sulfonates are very stable and would be expected to
persist in the receiving stream as the water flowed from Lincoln, New
Hampshire, into Massachusetts.
- 22 -
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UJ
Q.
a:
m
ui
lOi-
8
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E
o7
o'
X
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O
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Jr
CC
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uj5
38
U. U-
I
DESIRABLE
MINIMUM
o1-
60
40
20
MILES
ABOVE THE CONFLUENCE OF THE
PEMIGEWASSET AND Wl NNIPESAUKEE RIVERS
LEGEND :
I
—- AVG. DgO-
— MIN. DO.
DISSOLVED OXYGEN IN THE PEMIGEWASSET RIVER
JUNE, JULY, AUGUST, AND SEPTEMBER
I960 THRU 1962
FIGURE 6
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PEMIGEWASSET RIVER ABOVE
CONFLUENCE OF EAST BRANCH .
0.097%,!
LOST RIVER O.053%
FRANCONIA PAPER CORPORATION
BE AVER BROOK 0.001%
GLOVER BROOK 0.012%
HUBBARD BROOK 0.010%
BAGLEY BROOK 0.001%
WEST BRANCH BROOK 0.006%
BOG RIVER BROOK O.O02%
BAKER RIVER O.057%
NEWFOUND RIVER 0.146%
SMITH RIVER O.035%
CHANCE POND BROOK 0.014%
CONTOOCOOK RIVER 0.571%
TURKEY RIVER 0.009%
PISCATAOUOG RIVER 0.140%
SOUHEGAN RIVER 0.085%
NASHUA RIVER 1.362%
CONCORD RIVER 0.143%
-96.610%
100%
LAWRENCE, MASS.
_xJEAST BRANCH PEMIGEWASSET
"DRIVER AB_qVE_FRANCONIA
JO.018% PAPER CORPORATION
0.018 % EASTMAN BROOK
0.066% MAD RIVER
0.012% BEEBE RIVER
0.028% SQUAM RIVER
0.001% HARPER BROOK
Q 204%WINNIPESAUKEE RIVER
0.021% SOUCOOK RIVER
0.101% SUNCOOK RIVER
SOURCES OF SULFITE WASTE LIQUOR
(PEARL-BENSON TEST)
TO PEMIGEWASSET-MERRIMACK RIVERS
REACHING LAWRENCE, MASS.
FIGURE 7
-------
Lignin-like materials other than lignin sulfonates are also
detected by the Pearl-Benson test. The only source of sulfonated
lignins in the Merrimack River Basin is the Franconia Paper Corporation
of Lincoln, New Hampshire. The very small quantity of materials from
tributaries, which give a positive reaction with the Pearl-Benson test
are not sulfonated lignins.
To further substantiate that the sulfite waste liquor found
in the Pemigewasset and Merrimack Rivers consists primarily of sulfo-
nated lignins, arrangements were made with the Research and Advanced
Development Division of AVCO Corporation to analyze five selected
samples by means of a test which is specific for lignin sulfonates.
The five samples were:
1. Sulfite waste liquor from a Franconia Paper Corporation
digestor.
2. Pemigewasset River below the East Branch at North
Woodstock, New Hampshire.
3. Water intake, Lowell, Massachusetts.
U. East Branch Pemigewasset River above Franconia
Paper Corporation.
5. Highly colored water from a swamp in Massachusetts.
Results indicated that lignin sulfonates were contained in
the first three samples and that the concentrations were directly pro-
portional to the sulfite waste liquor concentrations found in each sample
by the Pearl-Benson test. Lignin sulfonates were not detected in the two
background samples, including the highly colored swamp water.
- 23 -
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On another occasion, the Lawrence Experiment Station of the
Massachusetts Department of Public Health passed approximately 8,000
gallons of water from the I'erriniack River at Lawrence, Massachusetts,
through ion exchange resins and recovered the materials absorbed by the
resins. The Kerrimack River Project obtained a portion of the concentrate
for tests. The characteristics were very similar to sulfite waste liquor.
Based on the samples of the tributaries, research work of the
AVCO Corporation and the water concentrate at Lawrence, it can be said
that interstate pollution results from the sulfite waste liquor discharged
by the Franconia Paper Corporation, Lincoln, New Hampshire.
Waters containing lignins have a dark color. If the colored
waters are used as a source of municipal water or, as in many cases, in-
dustrial water supply, the materials causing the color must be removed.
Public Health Service Drinking Water Standards, which are followed in
Kassachusetts for limits of color, state that color of drinking water
must not exceed fifteen units.
Analyses of the 284 samples obtained in the Merrimack River
Basin showed a linear relationship on a log-log graph between true color
and sulfite waste liquor concentration. The correlation coefficient was
0.58, which is a relatively good correlation. See Figure 8. Thus, it is
apparent that as the sulfite waste liquor increases in the river, the
color of the river water also increases.
Tests were performed by the Merrimack River Project to relate
the alum dosages required to remove different amounts of color. To
- 24 -
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10
100 1000
SULFITE WASTE LIQUOR, PPM
TRUE COLOR VS. SULFITE WASTE
LIQUOR AS FOUND IN MERRIMACK RIVER BASIN
10000
-------
obtain the different levels of color, a color reagent derived from
sulfite waste liquor from Franconia Paper Corporation was added to
Lawrence, Massachusetts, tap water. The results are presented in
Figure 9 and show that as the color at a municipal or industrial water
intake increases, the cost of chemicals to reduce the color to accept-
able levels also increases. For example, 20 ppm of alum were required
to reduce the color from 55 ppm to 15 ppm.
This confirms similar conclusions arrived at as a result of
work carried out by the National Council for Stream Improvement (of
the Pulp, Paper and Paperboard Industries) Inc. at Louisiana State
University. The latter research indicated that one part of alum was
required to remove each four parts of color added to the water. It
was concluded that there was an increased coagulant requirement for
surface waters containing color of pulping origin.
Estimates were made of the approximate extra costs that the
Lowell and Lawrence, Massachusetts, water treatment plants encounter
due to the wastes discharged by the Franconia Paper Corporation of
Lincoln, New Hampshire. The costs of extra chemical usage for these
two cities is a minimum of $8,300 per year.
In addition to increased water treatment costs for munici-
palities and industries, color in a stream has other deleterious effects.
In a section of stream or reservoir used for recreational purposes, a
swimmer or water skier who is below the water surface and is in danger
of drowning could not easily be seen. Besides being esthetically dis-
pleasing, a 'dark colored stream results in staining of boats and reduced
property values along its banks.
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FUTURE WATER QUALITY
Under existing New Hampshire laws, the New Hampshire State
Legislature is the organization that officially classifies state
streams according to water use and quality standards. The New Hampshire
Water Pollution Commission makes recommendations to the Legislature
after studies of present and potential water uses and water quality.
In November 1958, the New Hampshire Water Pollution Com-
mission completed a detailed report which contained an excellent summary
of the water quality conditions of the Pemigewasset River and recommenda-
tions of the Commission for classification. The recommendations were,
in part:
a. The East Branch Pemigewasset River from the dam of
the Franconia Paper Corporation to its confluence
with the Pemigewasset River—Class C.
b. The Pemigewasset River from its confluence with the
East Branch to the steel highway bridge crossing about
0.6 miles below the village of North Woodstock--Class C.
c. The Pemigewasset River from the steel highway bridge
below North Woodstock to Eastman's Falls Dam in Franklin—
Class B-l.
d. Squam River, a Pemigewasset River tributary—Class B-l.
- 26-
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o
eg
I
00
o
to
w
o
E
o.
o.
UJ
o
o
20 40 60 80
TRUE COLOR ADDED, ppm
100
MINIMUM ALUM REQUIRED TO
REDUCE COLOR TO 15PPM OR LESS
FIGURE 9
-------
e. Newfound River, a Pemigewasset River tributary,
downstream of Route 3A bridge—Class B-l.
f. Baker River, in the Town of Plymouth, from a point 300
feet upstream of the bridge abutment of the Plymouth to
Woodsville branch of the Boston and Maine Railroad to
confluence with the Pemigewasset River—Class B-l.
However, the New Hampshire Legislature did not follow the
recommendations of the New Hampshire Water Pollution Control Commission
and classified each of the above sections of stream Class D. As may
be seen in Table 2, Class D streams are devoted to transportation of
sewage or industrial waste without nuisance. They are not acceptable
for fishing, boating, swimming or municipal or industrial water supplies,
even with water treatment. A ten year compliance period was permitted.
As a result, a prime recreational stream, such as the Pemi-
gewasset River, is placed in a status in which it is only devoted to
transportation of sewage or industrial waste without nuisance. This is
especially true since means are presently available to correct the
pollution problem. Waste discharges should, therefore, be controlled
to allow economic growth of the area and recreational use of the river.
An adequate pollution abatement program would permit full use of the
9
stream.
Water uses which should be protected in the East Branch
Pemigewasset River below the Franconia Paper Corporation dam; the
Pemigewasset River from the confluence with the East Branch to its
- 2? -
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confluence with Hubbard Brook; and the Squam River from the outlet of
Little Squam Lake to the confluence with the Pemigewasset River,
include:
Industrial Water - Process and Cooling
Recreation - Limited Body Contact
Fish and Wildlife
Irrigation
Esthetics
Water uses which should be protected in the Pemigewasset
River from the confluence with Hubbard Brook in Thornton, New Hampshire,
to its mouth in Franklin; Baker River in the town of Plymouth, from a
point 300 feet upstream of the bridge abutment of the Plymouth to Woods-
ville branch of the Boston and Maine Railroad to confluence with the
Pemigewasset River; and Newfound River in the town of Bristol from the
Highway bridge on Route 3A (Lake Street) between Chandler and Cresent
Streets to the confluence with the Pemigewasset River include:
Municipal Water
Industrial Water - Process and Cooling
Recreation - Whole Body Contact
Recreation - Limited Body Contact
Fish and Wildlife
Irrigation
Esthetics
If the recommendations of this report (Part I - Summary,
Conclusions and Recommendations) are followed, water quality of
sufficient purity to accommodate the various water uses will be attained.
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SUMMARY AND CONCLUSIONS
In accordance with the written request to the Secretary of
Health, Education, and Welfare from the former Governor Endicott
Peabody of Massachusetts, dated February 12, 1963, and on the basis
of reports, surveys, or studies, the Secretary of Health, Education,
and Welfare, on September 23, 1963, called a conference under the
provisions of the Federal Water Pollution Control Act, as amended
(33 USC h66 et seq.), in the matter of pollution of the interstate
waters of the Merrimack and Nashua Rivers and their tributaries
(Massachusetts-New Hampshire) and the intrastate portions of those
waters within the state of Massachusetts. Interstate pollution orig-
inating in the Pemigewasset River Basin was included in this con-
ference. The conference was held February 11, 196^, in Faneuil Hall,
Boston, Massachusetts.
Serious pollution exists in the Pemigewasset River from the
confluence with the East Branch Pemigewasset River in Lincoln, New
Hampshire, to the confluence of the Winnipesaukee River in Franklin,
New Hampshire, due to the discharge of sewage and industrial wastes
in the Basin. Effects of these discharges persist all the way into
Massachusetts.
Discharges of raw sewage from several towns result in
excessive densities of bacteria and make much of the Pemigewasset
River unsuitable for recreational purposes, even where only limited
- 29 -
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body contact is involved. About twenty-nine of the thirty-five miles
of stream between North Woodstock'and New Hampton are above the 5,000
coliforms per 100 ml limit usually recommended for recreational use.
Some of these bacteria may be pathogens which can infect persons inges-
ting the water.
Suspended solids discharged to the Pemigewasset River water-
shed are equivalent to those in the raw sewage of 287,500 persons, of
which over 98 Per cent emanate from industrial plants. These solids
result in sludge deposits, especially in the impoundment behind Ayers
Island Dam. The sludge reduces or eliminates aquatic life which serves
as food for fishes, depletes the stream oxygen supply, and produces
offensive odors. Hydrogen sulfide, resulting from sludge deposits
behind Ayers Island Dam, caused thousands of dollars of damage to houses
in Bristol, New Hampshire, on August 18, 1965, and on August 23, 1966,
by discoloring the paint on the houses.
Dissolved oxygen concentrations in the Pemigewasset River are
depressed by the discharge of organic materials which decompose in the
river and exert an oxygen demand. Minimum dissolved oxygen concentra-
tions were below desirable levels from the East Branch Pemigewasset
River in Lincoln, New Hampshire, to the mouth of the Pemigewasset in
Franklin. The Franconia Paper Corporation is responsible for 9^-5 per
cent of the oxygen demand in the Pemigewasset River Basin, with a
discharge having an oxygen demand equivalent to that of the raw sewage
of UOO,000 persons. Low dissolved oxygen concentrations destroy fish,
fish food organisms and other desirable aquatic life.
- 30 -
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Sulfite waste liquor, released to the Pemigewasset River by
the Franconia Paper Corporation, not only creates an enormous oxygen
demand due primarily to the wood sugars, but also contains lignin sul-
fonates which persist as the waters flow into Massachusetts. Pollution
from the Franconia Paper Corporation was included in the first session
of the conference. As a result of the sulfite waste liquor, the river
is discolored, adding to the water treatment costs at Lowell and Law-
rence, Massachusetts.
The Pemigewasset River is in the heart of prime recreational
area of New Hampshire. However, as a result of pollution, recreational
use of the Pemigewasset is reduced or destroyed, impeding the economic
growth of the area downstream of the pollutional discharges.
Water quality requirements have been developed for various
sections of the Pemigewasset River Basin. When these requirements are
met,, additional use could be made of the waters of the area. Water uses
that would be permitted in the East Branch Pemigewasset River below the
Franconia Paper Corporation dam; the Pemigewasset River from the conflu-
ence with the East Branch to its confluence with Hubbard Brook; and the
Squam River from the outlet of Little Squam Lake to the confluence with
the Pemigewasset River include:
Industrial Water - Process and Cooling
Recreation - Limited Body Contact
Fish and Wildlife
Irrigation
Esthetics
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Water uses that would be permitted in the Pemigewasset River
from the confluence with Hubbard'Brook in Thornton, New Hampshire, to
its mouth in Franklin; Baker River in the town of Plymouth, from a
point 300 feet upstream of the bridge abutment of the Plymouth to Woods-
ville branch of the Boston and Maine Railroad to confluence with the
Pemigewasset River; and Newfound River in the town of Bristol from the
Highway bridge on Route 3A (Lake Street) between Chandler and Cresent
Streets to the confluence with the Pemigewasset River include:
Municipal Water
Industrial Water - Process and Cooling
Recreation - Whole Body Contact
Recreation - Limited Body Contact
Fish and Wildlife
Irrigation
Esthetics
Sulfite waste liquor continues to be discharged to the East
Branch Pemigewasset River by the Franconia Paper Corporation, Lincoln,
New Hampshire, causing pollution which endangers the health or welfare
of persons in Massachusetts and, therefore, is subject to abatement
under the provisions of the Federal Water Pollution Control Act (33 USC
k66 et seq.)-
If the recommendations of this report (Part I - Summary,
Conclusions and Recommendations) are followed, water quality of suffi-
cient purity to accommodate the various water uses will be attained.
- 32 -
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APPENDIX
- 33 -
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Belknap,
No. 5^36
H. THOMAS UREE & a. v. FRANCONIA PAPER CORPORATION.
Argued January 5, 1966.
Decided March 30, 1966.
Upton, Sanders & Upton (Mr. Richard F. Upton orally), for the
plaintiffs.
Orr & Reno (Mr. Robert H. Reno orally), for the defendant.
WHEELER, J. This action is a bill in equity brought by H. Thomas
Urie and fifteen others seeking to enjoin and restrain the defendant from
further pollution of the waters of the Pemigewasset River and that defendant
be ordered to take such reasonable measures as may be required to abate the
private nuisance resulting to the plaintiffs.
It is alleged in the petition that the plaintiffs are owners of real
estate situated in the Bristol-New Hampton area in the valley of the Pemige-
wasset River. Certain of the plaintiffs are riparian owners of real estate
bordering said Pemigewasset River. The defendant, Franconia Paper Cor-
poration is engaged in the manufacture of pulp and paper products at Lincoln
on or near the Pemigewasset River upstream from the lands of the plaintiffs.
It is further alleged that the defendant in the course of its manu-
facturing processes is and for several years has been discharging sulfite
waste liquors, wood and pulp waste material and other pollution into the
waters of said river, that the intensity and volume of such discharge has
been increasing in the last three or four years and that the waste and pollu-
tion is and has been flowing downstream in said river through and past the
land of the plaintiffs during this period.
Further, the petition alleges that in times of warm weather or low
water conditions in the river the said wastes, solids and pollution by the
time they have made their way downstream to a point near the lands of the
plaintiffs, have worked, fermented or decayed to the point that they have
become foul and offensive to human beings and there has thereby resulted the
deposit of foul and offensive sludge and decayed matter in substantial quanti-
ties on the lands of those plaintiffs who are riparian owners. It is further
alleged that during such warm weather periods the pollution of the waters by
the defendant has caused the discharge of vile, obnoxious and offensive odors
which have permeated the atmosphere on and near the lands and premises of the
plaintiffs causing substantial and appreciable injury to the plaintiffs in
their use and enjoyment of their property and rendering their enjoyment of
their property uncomfortable and inconvenient.
The plaintiffs assert that the action of the defendant in the cir-
cumstances alleged is an unreasonable use of its premises and of the waters
of the said Pemigewasset River and constitutes a private nuisance as to
these plaintiffs and that such pollution by the defendant in the circum-
stances alleged is a constantly recurring grievance, day by day.
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In their brief the plaintiffs advise that since the instant action
was instituted there has been determined and they will offer to prove that
the odors discharged from the polluted river waters are hydrogen sulfide gas
which is not only highly offensive to human beings but also attacks the lead-
based paint on dwellings and other buildings in the vicinity causing them to
turn black, and that the existence of this condition has also caused a substan-
tial depreciation in property values of the plaintiffs which plaintiffs stand
ready to prove.
The defendant in its answer makes a general denial of the allegation
that its operations are polluting the Pemigewasset River and by way of af-
firmative defense alleges that the East Branch of the Pemigewasset River,
in the towns of Lincoln and Woodstock, from the dam of the Franconia Paper
Corporation to the confluence with the Pemigewasset River has been classified
by the Legislature as Class D water and that the Pemigewasset River from
its confluence with the East Branch of the Pemigewasset River in the town of
Woodstock to the crest of the Eastman Falls Dam in Franklin has been classi-
fied by the Legislature as Class D water. Laws of 1959, 2U3:1, VII, VIII.
See note following RSA 1^9:6.
The defendant further alleges that no order for abatement of pollu-
tion of the waters of the East Branch of the Pemigewasset River from the
dam of the Franconia Paper Corporation to the confluence with the Pemi-
gewasset River and of the Pemigewasset River from its confluence with the
East Branch of the Pemigewasset River to the crest of the Eastman Falls
Dam in Franklin may be entered prior to September 1, 1969. Laws of 1959,
2k3:2. Defendant's answer further alleges that if the waters of the Pemige-
wasset River are polluted as alleged by the plaintiffs such pollution has been
caused by persons and municipalities other than by the defendant.
The plaintiffs demurred to the affirmative defense pleaded in the
defendant's answer on the grounds that. said defense as pleaded is not suf-
ficient in law.
All questions of law raised by the plaintiffs' demurrer were re-
served and transferred in advance of trial by Griffith, J.
The plaintiffs seek relief from a private nuisance, as landowners,
and not as members of the public, specially damaged by a public nuisance.
Cf . St. Regis Paper Co. v. Board, 92 N. H. l6U. A nuisance may simultaneously
be a public and private nuisance. McKinney v. Riley, 105 N. H. 2^9, 25^;
White v. Suncook Mills, 91 N. H. 92, 97. See also discussion in Restatement,
Torts, p£. 217, 218.
It has been held by the weight of authority that what is authorized
by law cannot be a public nuisance, but such authorization does not affect any
claim of a private citizen for damages for injury "caused by the authorized
act not experienced by the public at large, or for an injunction." 39 A™«
Jur., Nuisances, p. H8l, ss. 20^, 205. See also Commerce Oil Refining
v. Miner, 281 F. 2dT65 (1st Cir.).
- A-2 -
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As the plaintiffs point out, there is nothing in RSA ch. lU9 to
indicate a legislative intent to take away any private rights of individual
landowners to seek redress in equity to prevent pollution of the river. It
seems doubtful if the Legislature has constitutional power to permit the
defendant to continue to commit private nuisances until September 1, 19^9*
since such legislation would constitute taking private property for a non-
public purpose. Eaton v. Railroad. 51 N. H. 504, 510; Thompson v. Company.
58 N. H. 108.
RSA ch. 1^9 is essentially an act to prohibit the pollution of
public waters in the interest of protecting the public health and welfare.
State v. Goffstown. 100 N. H. 131, 13^; Shirley v. Commission, 100 N. H. 29U,
299, 300. It was not intended to abrogate or suspend protection of the rights
of individual landowners to be free from private nuisance.
The Class D classification is the "lowest classification" estab-
lished by the statute, but even it is intended to permit "transportation of
sewage or industrial wastes, or both, without nuisance." RSA 1^9:3 IV, supra.
The provisions of Laws 1959, 2^3:2 allow a period of ten years within which
to abate pollution which lowers the quality of the water below the Class D
requirements. However, the language defining the classification as one which
shall permit use "without nuisance" was not intended to sanction the con-
tinuance of a private nuisance in the meantime, or to suspend injunctive
relief calculated to cause abatement of such a nuisance.
If, as the plaintiffs assert, the nuisance can be abated by appro-
priate measures short of the complete prohibition of pollution which the first
prayer of their bill seems to seek, no reason appears why the employment of
such measures may not be required by appropriate order prohibiting further
pollution unless such measures are employed within a reasonable time. See
Annot. k6 A.L.R. 8, 35, par. V. On the other hand, an unconditional order
which would require immediate cessation of all pollution of the waters in
question may be entered if the private nuisance can be abated in no other
way.
The allegations in the plaintiffs' petition state a cause of
action for equitable relief.
The order is
Plaintiffs' demurrer sustained; remanded.
All concurred.
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GENERAL LOCATION MAP
PEMIGEWASSET S MERRIMACK RIVERS
NEW HAMPSHIRE - MASSACHUSETTS
NORTH
WOODSTOCK «
Newfound R.
BRISTOL
MANCHESTER
NEWBURYPORT
HAVERHILL
FIGURE I
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