Second Session
                           December 18,1968
                           Concord, New Hampshire
Pollution of the Interstate Waters of the
Merrimack and Nashua Rivers and their
Tributaries, Massachusetts —New Hampshire
and of the Intrastate Portions of those Waters
within the State of Massachusetts
     U. S. Department of the Interior—Federal Water Pollution Control Administration

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           U. S. DEPARTMENT OF THE  INTERIOR

   FEDERAL WATER POLLUTION CONTROL  ADMINISTRATION



CONFERENCE

IN THE MATTER OF POLLUTION OF THE INTERSTATE

WATERS OF THE MERRIMACK AND NASHUA  RIVERS AND

THEIR TRIBUTARIES  (MASSACHUSETTS -  NEW HAMPSHIRE)

AND OF THE INTRASTATE PORTIONS OF THOSE WATERS

WITHIN THE STATE OF MASSACHUSETTS.



                              Second Session
                              Concord,  New Hampshire

                              Wednesday,  December 18, 1968

 Convened, pursuant to notice, at 9:30 a.m.

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                    CONTE,NTS_
                                                          PAGE

 Opening Statement  - By Mr.  Stein                           17

 STATEMENT  OF:

 Thomas  E.  McMahon                                   24,  189 and
                                                          250

 Honorable  Thomas Urie                                      26

 Lester  Klashman                                        31  and 254

 Herbert R.' Pahren                                          32

 Thomas  A.  Schrader (For  Richard E. Griffith)               93

 Charles D.  Larson                                         105

 Arthur  Newell                                             117

 William A.  Healy                                          118

 James A. Sweeney                                          119

 Clarence Metcalf                                          125

 Honorable Maurice  L. Bouchard                             144

 Bertrand Bouchard                                         149

 Donald  L. Fthier                                          151

 Donald  C. Calderwood                                155  and 184

 Honorable John C.  Mangan                                  160

 John E.  Dodge                                             164

 Eliot Priest                                              167

John E.  Henchey                                           175

Mrs. Selwyn Taylor                                       177

Sheldon Morrill                                           185

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                    C.ONT.E_N.£S.




                                                          PAGE




John B. Cassaza                                            195




Richard Young                                              229




John J. Pobst                                              233




Mrs. Hugh F. Stoddart                                      235




Donald E. Boucher                                          248




Closing Statements                                         258




Appendix A




Appendix B

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        Second session of the conference in the matter of




pollution of the interstate waters of the Merrimack and




Nashua Rivers and their tributaries (Massachusetts - New




Hampshire) and of the intrastate portions of those waters




within the State of Massachusetts ,• held under the provisions




of the Federal Water Pollution Control Act.  Held at New




Hampshire Highway Motel, Concord, New Hampshire, December 18,




1968, (9:30 a.m.)









        PRESIDING:




          Mr. Murray Stein, Assistant Commissioner for




          Enforcement, U. S. Department of the Interior,




          Federal Water Pollution Control Administration,




          Washington, D. C.









        CONFEREES:




          William A. Healy, Executive Director, New Hampshire




          Water Supply and Pollution Control Commission,




          Concord,  New Hampshire.









          James A.  Sweeney, Vice Chairman,  New Hampshire




          Water Supply and Pollution Control Commission,




          Concord,  New Hampshire

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CONFEREES (Continued)









  Thomas C.  McMahon,  Director,  Division of Water




  Pollution Control,  Massachusetts Department of




  Natural Resources,  Boston Massachusetts









  Alfred Peloquin,  Ececutive Secretary, New




  England Interstate Water Pollution Control




  Commission, Boston,  Massachusetts









  Lester Klashman,  Director, Northeast Regional




  Office, U. S. Department of the Interior,




  Federal Water Pollution Control Administration,




  Boston, Massachusetts

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 PARTICIPANTS:




           Betrand Bouchard, Alderman, City of Nashua, Chairman,




 Nashua  River Water Pollution Committee, Nashua, New Hampshire-




           Maurice L. Bouchard, Representative, General Court




 Alderman, District 14 of Nashua, Nashua, New Hampshire.




           Donald E. Boucher, Lancaster Representative for




 Clean Up of the Nashua River, Lancaster, Massachusetts.




           Donald C. Calderwood, Member, New Hampshire Water




 Supply  and Pollution Control Commission, Nashua, New Hampshire.



           John B. Cassaza, Supervisory Sanitary Engineer,




 Division of Water Pollution Control, Massachusetts Department of




 Natural Resources, Boston, Massachusetts.




           John E. Dodge, Coordinator, New Hampshire Committee




 for Better Water, Concord, New Hampshire.




           Donald L. Ethier, Alderman, District 1 of Nashua,




 Nashua, New Hampshire.




           Terrence P. Frost, Chief Aquatic Biologist, New




 Hampshire Water Supply and Pollution Control Commission, Concord,




 New Hampshire.




           John E. Henchey, City Manager, Concord, New Hampshire.




           Thomas A. Lacava, Chief Water Pollution Engineer,




 New Hampshire Water Supply and Pollution Control Commission,




 Concord, New Hampshire.




           Charles D. Larson (Statement entered as if read), Region




 1 Shellfish Consultant, Department of Health, Education, and Welfare,




U. S. Public Health Service, Boston, Massachusetts.




           Clarence W. Metcalf, Director of Municipal Services,




New Hampshire Water Supply and Pollution Control Commission, Concord,

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 PARTICIPANTS  (Continued):



 New Hampshire.



           John C. Mongan, Mayor of Manchester, Manchester,



 New Hampshire



           Sheldon Merrill, City Council, Franklin, New Hampshire



           Arthur E. Newell, Supervisor, Fisheries Research,



 New Hampshire Fish and Game Department, Concord, New Hampshire



           Herbert R. Pahren, Director, Technical Programs,



 U. S.  Department of the Interior, Federal Water Pollution



 Control Administration, Boston, Massachusetts



           John J. Pobst, Staff Consultant, Greater Lowell



 Planning  Commission, Lowell, Massachusetts



           Eliot Priest, Vice President and Chief Engineer,



 Public Service Company  of New Hampshire, New Hampshire



           Thomas A. Schrader (representing Regional Directors,



 Bureau of Sport Fisheries and Wildlife, Bureau of Commercial



 Fisheries) Assistant Regional Director, U. S. Department of



 the Interior, Bureau of Sport Fisheries and Wildlife, Boston,



 Massachusetts



           Mrs. Hugh F. Stoddart, Massachusetts Coordinator,



 Nashua River  Clean Up Committee, Groton, Massachusetts



           Mrs. Selwyn  Taylor, Chairman, Water Resources



 Committee, League of Women Voters of New Hampshire, Nashua,



 New Hampshire



           Honorable Thomas Urie, Representative, General Court,



 New Hampton,  New Hampshire



           Richard H.  Young, Executive Director, Central Merrimack



Valley Regional Planning District,  Lawrence,  Massachusetts

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                                                                  8
OTHERS IN ATTENDANCE:



           Guy C. Aldridge, Executive Director, Manchester



Taxpayers Association, Box 264, Manchester, New Hampshire



           R. S. Audley, President, R. S. Audley Corporation,



Route 3A, Bow, New Hampshire



           Karl C. Ayers, Sanitary Engineer, The Mead



Corporation, Central Research Laboratories, Chillicothe,



Ohio



           Fred C. Benson, Jr., Wildlife Biologist, U.  S.



Fish and Wildlife Service, 55 Pleasant Street, Concord, New



Hampshire



           Mrs. Mildred Boisclair, 120 Chauncey Avenue,



Manchester, New Hampshire



           Bert Bouchard, Alderman, city of Nashua, Chairman,



Nashua River Water Pollution Committee, Nashua, New Hampshire



           Maurice L. Bouchard, Representative, General Court,



Alderman-at-Large, Nashua River Water Pollution Committee,



17 Charles Street, Nashua, New Hampshire



           Donald E. Boucher, Lancaster Representative to



assist and coordinate the clean-up of the Nashua River,



100 Shirley Road, Lancaster, Massachusetts



           V/esley E. Brown, Supervising Engineer, Anderson-



Nichols & Company, Inc., 10 Commercial Street, Concord,



New Hampshire



           Richard A. Buck, New Hampshire Water Supply and



Pollution Control Commission, Hancock, New Hampshire

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OTHERS IN ATTENDANCE  (Continued):



           Donald C.  Calderwood, New Hampshire Water Supply and



Pollution Control Commission, P. 0. Box  743, Nashua, New



Hampshire



           Raymond H.  Carignan, Chemist, Public Service



Company of New Hampshire, Manchester, New Hampshire



           Robert J.  Caron,  Surveyor, Department of Highways,



227 Maple Street, Manchester, New  Hampshire



           John B. Casazza,  Supervisory  Sanitary Engineer,



Division of Water Pollution  Control, State Office Building,



Boston, Massachusetts



           Russell G.  Claflin,  Chairman, Resources, Recreation,



and Development Committee, New  Hampshire House of Representatives,



Box 577, Wolfeboro, New Hampshire



           Lindsay M.  Collins,  Sanitary Engineer, Anderson-



Nichols & Company, Inc., 10  Commercial Street, Concord, New



Hampshire



           Daniel J.  Costello,  Associate, Hayden, Harding &



Buchanan, Inc., 1340 Soldiers Field Road, Boston, Massachusetts



           E. J. Cullum, Audubon  Society, 67 Shark Lane,



Manchester, New Hampshire



           John E. Dodge, Coordinator, New Hampshire  Committee



for Better Water, 55 State Street, Concord,  New Hampshire



           Robert B.  Edwards, Selectman, Henniker, New Hampshire

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                                                                  10
OTHERS IN ATTENDANCE (Continued):



           Carl L. Eidam, Jr., Aquatic Biologist,  New England



Basins Office, FWPCA, 240 Highland Avenue,  Needham Heights,



Massachusetts



           Cecil T. Enright, Motel Operator representing  On



the Merrimack, 5# Manchester Street,  Concord,  New Hampshire



           Donald L. Ethier, Ward 1 Alderman,  city of Nashua,



6 Sioux -Avenue, Nashua, New Hampshire



           Alfred Fantini, Secretary, Merrimack River Valley



Sewerage Board, 65 Beach Street, Haverhill, Massachusetts



           John H. Foster, Partner, Malcolm Pirnie,  Engineers,



226 Westchester Avenue, White Plains, New York



           Terrence P. Frost, Chief Aquatic Biologist,  New



Hampshire Water Supply and Pollution  Control Commission,



Concord, New Hampshire



           Harry Greenfield, Sales Representative, Hileo



Supply, 665 Central Avenue, Dover, New Hampshire



           John F. Grogan, Executive  Director, Southern Ncv



Hampshire Planning Commission, 90S Elm Street, Manchester,



New Hampshire



           John E. Harney, Wildlife Biologist, Bureau of



Sport Fisheries and Wildlife, 55 Pleasant Street,  Concord,



New Hampshire



           George T. Healy, Assistant Surveyor, city of



Manchester, 22? Maple Street, Manchester, New  Hampshire



           Mrs.  William Halieisen,  Nashua River Clean-up  Committee,



Bayberry Road,  Pepperell, Massachusetts

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                                                                 11
OTHERS IN ATTENDANCE (Continued):
           Allyn W.  Hemenway, Enforcement Officer, Northeast
Region, FWPCA,  Boston,  Massachusetts
           John E. Henchey,  City Manager, city of Concord,
Green Street, Concord,  New Hampshire
           George A. Hill, Sanitary Inspector, Concord Health
Department, City Hall,  Green Street, Concord, New Hampshire
           James F.  Hogan, City Engineer, city of Nashua,
Nashua, New Hampshire
           John S. Holden, Fenton  G. Keyes Associates, 120 Main
Street, Nashua, New  Hampshire
           Russell A. Holden, Vice President, New England Power
Company, 4 Park Street, Concord, New Hampshire
           Peter D.  Hughes,  Water  Control Engineer, Weyerhaeuser
Company, Box 601, Fitchburg, Massachusetts
           David Kittredge,  Water  Supply Engineer, Manchester
Water Works, 241 Lincoln Street, Manchester, New Hampshire
           Vernon A. Knowlton,  Water Resources Engineer, New
Hampshire Water Resources Board, Concord, New Hampshire
           Myron 0.  Knudson, Acting Chief, Operations  Branch,
New England Basins Office, FWPCA,  240  Highland Avenue, Needham
Heights, Massachusetts
            *
           Clifton L. Kuchinski, U. S. General Accounting
Office, John F. Kennedy Federal Building, Boston, Massachusetts

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                                                                 12
OTHERS IN ATTENDANCE (Continued):



           Ray F. Langer, Chairman,  Board of Sewer  Commissioners,



Main Street, Hooksett, New Hampshire



           V/arren K. Lewellen, Chairman,  Merrimack  Valley Sewer



Commission, 145 Davis Road, Bedford, Massachusetts



           Fred Lynch, Operations  Engineer,  Continental  Can



Company, South Kimball Street, Haverhill, Massachusetts



           David L. Mann, Executive  Director, New Hampshire



Municipal Association, P. 0. Box 617, Concord, New  Hampshire



           Fred D. McCutchen, Planning Director,  city of



Nashua, 92 Main Street, Nashua, New  Hampshire



           James J. McKeown, Regional Engineer, National Council



for Stream Improvement, Tufts University, Medford,  Massachusetts



           Thomas C. McMahon, Director, Division  of Water



Pollution Control, State Office Building, Boston, Massachusetts



           John S. McQuade, Chief, Plans and Services, Fort



Devens, Ayer, Massachusetts



           John C. Mongan, Mayor of  Manchester, City Hall,



Manchester, New Hampshire



           Robert Morin, Commissioner, Board of Sewer



Commissioners, Main Street, Hooksett, New Hampshire



           Romeo P. Morin, P. E.,  635 Coolidge Avenue,



Manchester, New Hampshire



           Sheldon Morrill, City Council, Lawndale  Road, Franklin,
                                                                 •


New Hampshire

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                                                                 13
OTHERS IN ATTENDANCE (Continued):



           Fred T. Mullen, 96 Chauncey Avenue, Manchester,




New Hampshire



           Irene L. Mullen, 96 Chauncey Avenue,  Manchester,




New Hampshire



           Joseph F. Nelson, Project Director, Manchester



Housing Authority, 12 Market Street, Manchester, New Hampshire



           Arthur E. Newell, New Hampshire Fish  and  Game




Department, Concord, New Hampshire



           Roland S. Nickless, Representative, Fish  and




Game, Inc., 727 Fairfield Street,  Manchester,  New Hampshire



           Howard Northridge, Chairman, Manchester Highway




Commission, Manchester, New Hampshire




           Warren H. Oldaker, Acting Chief, Laboratory Branch,



New England Basins Office, FV.PCA,  2/fO Highland Avenue, Needham




Heights, Massachusetts



           Herbert R. Pahren, Director, Technical Programs,



Northeast Region, R/PCA, Boston, Massachusetts




           Alfred E. Peloquin, Executive Secretary,  New



England Interstate Vvater Pollution Control Commission,



73 Tremont Street, Boston, Massachusetts




           Frank E. Pendleton, Jr., Engineer,  Fitchburg Paper



Company, Fitchburg, Massachusetts




           Raymond W. Peters, Plant Engineer,  The Mead Corpora-



tion, 250 Canal Street, Lawrence,  Massachusetts

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                                                                  14
OTHERS IN ATTENDANCE (Continued):
           John J. Pobst, Staff Consultant,  Greater Lowell
Area Planning Commission, 205 Middle Street, Lowell,
Massachusetts
           Richard M. Power, Massachusetts State Department
of Public Health, State House, Boston, Massachusetts
           Eliot Priest, Vice President, Public Service Company
of New Hampshire, 10S? Elm Street, Manchester,  New Hampshire
           Thomas Reed, Executive Secretary, Merrimack Valley
Region Association, 4# Hanover Street, Suite 36, Manchester,
New Hampshire
           B. M. Reen, City Engineer, Manchester Highway Depart-
         »
ment, 22? Maple Street, Manchester, New Hampshire
           Jerome Resnick, Environmental Engineer, Monsanto
Biodize Systems, 112-20 14th Avenue, College Point, New York
           George B. Roberts, Jr., State Representative,
R. F. D. 1, Gilmanton, New Hampshire
           Paul E. Roche, Chemical Engineer, Gilbert Associates,
Inc., $25 Lancaster Avenue, Reading, Pennsylvania
           John F. Scarola, Fishery Biologist,  New Hampshire
Fish and Game Department, Concord, New Hampshire
           Thomas A. Schrader, Assistant Regional Director,
U. S. Bureau of Sport Fisheries and Wildlife, Post Office and
Courthouse Building, Boston, Massachusetts
           Don Sinville, Assistant to the President, Public
Service Company of New Hampshire, Manchester, New Hampshire

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                                                                  15
OTHERS IN ATTENDANCE (Continued):



           William A.  Slagle,  Jr., Associate Civil Engineer,



Division of Water Pollution Control,  State Office Building,



Boston, Massachusetts



           Donald R. Smith, Chief, Program Management, New



England Basins Office, FWPCA,  240 Highland Avenue, Needham



Heights, Massachusetts



           Mrs. Hugh F. Stoddart, Coordinator, Massachusetts



Nashua River Cle.an-up Committee, Groton, Massachusetts



           F. William Swaine,  Civil  Engineer, New England



Division, Corps of Engineers,  U. S.  Department of the Army,



424 Trapelo Road, Waltham,  Massachusetts



           Mrs. Selwyn Taylor, Chairman, Water Resources



Committee, League of Women Voters of New Hampshire,  20 Lock



Street, Nashua, New Hampshire



           Worthen H.  Taylor,  Water  Quality Standards Coordinator,



Northeast Region, FWPCA, Boston, Massachusetts



           Bert Teague, Vice President, Anderson-Nichols &



Company, Inc., 10 Commercial Street, Concord, New Hampshire



           J. F. Theriault, Chemist, Continental Can Company,



Haverhill, Massachusetts



           H. Thomas Urie,  Representative, New Hampshire General



Court, New Hampton, New Hampshire




           Henry C. Waldo,  Manager,  Wood Department, Franconia



Paper Corporation, Lincoln, New Hampshire

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                                                                 16
OTHERS IN ATTENDANCE (Continued):




           W. Ray Walker,  Regional Planner,  Southern New



Hampshire Planning Commission,  908 Elm Street, Manchester,



New Hampshire



           Norrel Wallace, Area Supervisor,  Bureau  of Sport



Fisheries and Wildlife, 55 Pleasant Street,  Concord, New



Hampshire



           Philip Wightman, Fishery Biologist, New  Hampshire



Fish and Game Department,  34 Bridge Street,  Concord, New



Hampshire



           Richard H. Young, Executive Director,  Central



Merrimack Valley Regional Planning District, 477  Essex  Street,



Lawrence, Massachusetts

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                                                                 17
              Opening Statement - Mr. Stein
                  PROCEEDINGS
                    OPENING STATEMENT



                            BY



                     MR. MURRAY STEIN







        CHAIRMAN STEIN:  The second session of the conference



in the matter of pollution of the interstate waters of the



Merrimack and Nashua Rivers and their tributaries (Massa-



chusetts - New Hampshire) and of the intrastate portions of
                 \
                 V

those waters within the State of Massachusetts, held under



the provisions of the Federal Water Pollution Control Act.



        Under the provisions of the Act, the Secretary of



the Interior is authorized to call a conference of this type



when, on the basis of reports, surveys or studies, he has



reason to believe that pollution of interstate waters subject



to abatement under the Federal Act is occurring, or when he



has received a request from a State governor to do so.  Both



circumstances apply to this conference.



        The purpose of the conference is to bring together

              •

the State and interstate water pollution control agencies,



representatives of the United States Department of the

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                                                               18
             Opening Statement -  Murray  Stein
Interior and the other interested parties to review the
existing situation and the progress which has been made,
to  lay a basis for future action by all parties concerned,
and to give the States, localities and industries an
opportunity to take any indicated remedial action under
State and local law.
        The first session of this conference was held
on  February 11, 1964» on the basis of reports, surveys, or
studies, and upon the request of the Honorable Endicott
Peabody, Governor of Massachusetts.
        At the first conference session, the conference
agreed that remedial measures being undertaken were not
adequate to abate pollution, due in part to a lack of
finances and the resulting heavy burden to be placed on
waste discharges.
        The Secretary of Health, Education, and Welfare,
in  whom Federal enforcement authority then resided,
issued the following Federal requirements for the
conference area after the first session:
        That the Merrimack and Nashua Rivers and their
tributaries be classified as to future highest uses by
1965;
        That by May 1, 1966, all communities arrange, vote
and authorize financing for remedial facilities, and that

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                                                              19
           Opening Statement - Murray Stein

all municipal and industrial sources of pollution have
their plans and specifications approved by the appropriate
State water pollution control agency;
        That by May 1, 196?, construction be started on
all waste treatment facilities, which, then be placed in
operation within a reasonable time after the initiation
of construction;
        That appropriate action be taken by New Hampshire
and Massachusetts under their water pollution programs
and State and local laws to carry out an effective
pollution abatement program, the program and schedule of
compliance for New Hampshire to be commensurate with that
which Massachusetts established soon after the holding of
the first conference session.
        This session of the conference was called for the
purpose of reviewing the status of both States' pollution
abatement programs since the first conference session.
        As specified in section 10 of the Federal Water
Pollution Control Act, the Secretary of the Interior has
notified the official State water pollution control agencies
of New Hampshire and Massachusetts and the New England
Interstate Water Pollution Control Commission of this
conference.  This conference is "between the official State
and interstate agencies and the United States Department  of

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                                                               20



            Opening Statement - Murray Stein




the Interior.  The New Hampshire Water Supply and Pollution




Control Commission will be represented by Mr. James A.



Sweeney, Vice Chairman of the Commission, and Mr. William



Healy.  The Massachusetts Department of Natural Resources



will be represented by Thomas McMahon, accompanied by Mr.



John B. Cassaza.  The representative of the New England



Interstate Water Pollution Control Commission is Mr. Alfred



Peloquin.  Mr. Lester Klashman has been designated as



conferee for the Federal Government.



        My name is Murray Stein.  I am from headquarters of



the Department of the Interior, Washington, D. C., and the



representative of the Secretary of the Interior  Stewart



Udall.



        The parties to this conference are the representa-



tives of the State and interstate agencies and the United



States Department of the Interior.  Participation in the



conference will be open to representatives and invitees of



these agencies and such persons as inform me that they



wish to present a statement.  However, only the representa-



tives of New Hampshire, Massachusetts and the New England



Interstate Commission and the United States Department of



the Interior constitute the conferees.



        Both the State and Federal Governments have respon-

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                                                               21
           Opening Statement - Murray Stein

slbllitles In dealing with water pollution control problems.
The Federal Water Pollution Control Act declares that the
States have primary rights and responsibilities for taking
action to abate and control pollution.  Consistent with
this, we are charged by law to encourage the States in
these activities.
        At the same time, the Secretary of the Interior
is charged by law with specific responslbilltes in the
field of water pollution control in connection with
pollution of interstate and navigable waters.  The Federal
Water Pollution Control Act provides that pollution of
interstate or navigable waters which endangers the health
or welfare of any persons shall be subject to abatement.
This applies whether the matter causing or contributing
to the pollution is discharged directly into such waters
or reaches such waters after discharged into a tributary.
        Now a word about the procedures governing the
conduct of the conference.  The conferees will be called
upon to make statements.  The conferees, in addition, may
call upon participants whom they have invited to the
conference to make statements.  In addition, we shall
call other Interested Individuals to present statements,
but I would suggest that anyone who wishes to make a

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                                                               22



        Opening Statement - Murray Stein





statement get  in touch first with his representative,




either from Massachusetts or New Hampshire, and have him




call you.  Each one of the States will manage its own time.




        At the conclusion of each statement, the conferees




will be given an opportunity to comment or ask questions,




and I may ask a question or two.  This procedure has proven




effective in the past in reaching equitable solutions.




        Now, let me make this clear.  We will not entertain




questions from the floor.  Because if we did that, we




would be here for a very long time; and I do not know whether




we would arrive at any more equitable solution than we do




by this procedure.




        However, everyone who whishes will have an opportunity




to say his piece.  Just hold it until we call you.  If you




have questions or queries when you are called in an orderly




manner, you can put them forward.




        At the end of all the statements, we will have a




discussion among the conferees and try to arrive at a basis




of agreement on the facts of the situation.  Then we shall




attempt to summarize the conference orally, giving the




conferees, of course, the right to amend or modify this




oral summary.




        A record or a verbatim transcript of the conference

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                                                               23


           Opening Statement - Murray Stein



Is being made.  This is for the purpose of aiding us in


preparing a summary and, also, for providing a complete


record of what is said here.  It usually takes about four


or six months for the transcript to come out in printed


form.  If you wish a record beforehand, you can check


with the reporter, who is on contract, and make your own


arrangements with him.


        I might indicate that we do not print out transcripts


in color.  So take that into account on any charts you may


present which are in color.  The reproduction will come


out   in black and white.  Try not to refer to colors if


you use graphic aids in your presentation, as they will be


meaningless when the transcript is printed.


        We will make copies of the summaries and transcript


available to the official State and Interstate water pollu-


tion control agencies.  The Secretary will prepare a


written summary of this conference and send it forth,


generally within several weeks after the conference is


concluded.


        We have found that for the purpose of maintaining


relationships within the States, the people who wish
                .*

summaries and transcripts should request them through their


State or interstate agency rather than come directly to the

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                                                                24



                    Thomas McMahon




Federal Government.  The reason for this is that, when the




conference has been concluded, we would prefer people who




are interested in the problem to follow their normal




realtions in dealing with the State or interstate agencies




rather than the Federal Government.  Again, this has worked




successfully in the past, and we will be most happy to make




this material available for distribution.




        I would suggest that all speakers or participants,




other than the conferees, making statements come to the




lectern and identify themselves for the purpose of the record.




        Our general procedure is going to be to call on the




Federal Government for statements first, New Hampshire, followed




by Massachusetts, then the New England Interstate Agency.  They




will call on their participants.  However, the agenda is




flexible.  If we have any specific problem, I am sure we can




meet it.




        First we have two out of order.  Just to start this,




Mr. McMahon of Massachusetts has a short statement to make




at this time.  Mr. McMahon.




          STATEMENT OF THOMAS McMAHON, DIRECTOR, DIVISION OF




                WATER POLLUTION CONTROL, MASSACHUSETTS




                WATER RESOURCES COMMISSION, DEPARTMENT




             OF NATURAL RESOURCES, BOSTON, MASSACHUSETTS

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                                                               25
                    Thomas McMahon


        MR. McMAHON.  Thank you, Mr. Chairman.

        First, I would like to announce that Commissioner

Yasi could not be here.  He is on a special assignment for

the Governor.  He expresses his regrets and we hope to see

him in the very near future.

        A second one is a general statement that

Massachusetts has made at a number of Federal enforcement

conferences earlier, and I would like to read it into the

record, with your permission, Mr. Chairman, at this time:

             "Mr. Chairman, the Massachusetts Division of

Water Pollution Control is present today in the spirit of

cooperation with the Federal Water Pollution Control

Administration, the New England Interstate Water Pollution

Control Commission and the New Hampshire Water Supply and

Pollution Control Commission.  Any material, whether

written or oral,, presented at this conference shall in

no way commit the Commonwealth to changes in the

Massachusetts standards of water quality approved by

the Massachusetts Water Resources Commission and the

Secretary of the Interior and shall not convey any authority

that transcends the Jurisdictlonal authority vested in the

Massachusetts Clean Waters Act or the Federal Water and

Pollution Control Act."

        Thank you,
        CHAIRMAN STEIN.  Thank you, Mr. McMahon.

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                                                                26
                Honorable Thomas Urie
        Now, we also at this point would like to call on
Representative Urie, Thomas Urie of New Hampshire who has
requested to make the statement now because he has other
commitments.  Representative Urie.

        STATEMENT OP THE HONORABLE THOMAS URIE
            REPRESENTATIVE, GENERAL COURT
              NEW HAMPTON, NEW HAMPSHIRE

        REPRESENTATIVE URIE.  Thank you, Mr. Chairman.
        I am Representative Thomas Urie, Belknap, District
1, and one of the people who has the Job of presenting
water pollution legislation to the New Hampshire Legislature.
        As a rule, I do not like to read a speech, but in
this particular instance I feel that I should do so.
        At this time, I would like to comment on this
State's pollution control effort, and in particular the
work which has been accomplished or is now under way in
the Pemigewasset-Merrimack River system.
        Many of you are aware that I have been an ardent
supporter of clean waters for years.  It has never been
necessary for anyone to sell me on the need of cleaning
up and protecting our surface waters.  My efforts over
the years in this area speak for themselves, and I will

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                                                               27




                Honorable Thomas Urie





add that I have closely followed the program of the



New Hampshire Water Supply and Pollution Control Commission,



and agree in every way with its content and timetable for



construction of pollution control facilities.



        Regarding this construction schedule of sewage



and industrial waste treatment plants, I would like to



point to what is now taking place on the Pemigewasset



River.  Prom the town of Woodstock to the point where



the Pemigewasset Joins the Merrimack, there are six towns



and one industry which are engaged in construction, or



have completed pollution abatement facilities.  By this



time next year, every municipality and industry along



the Pemigewasset and its tributaries will be effectively



controlling pollution, and I am convinced that the



realistic timetable established by the Water Supply and



Pollution Control Commission will accomplish the same



results for the balance of the river system to the



Massachusetts line.



        Now to get down to the matter of financing.  On



the State side of the picture, New Hampshire has the highest



aid program of any of the 50 states; 40 percent, and may I



digress there for a minute.



        Yesterday I filed a bill, which I hope will get

-------
                                                               28
                Honorable Thomas Urie
 attention, which will  Increase It to 50 percent.

        We reimburse municipalities over the life of their

 bonded  Indebtedness for the project, provide  interest on

 the State's  share, and guarantee bond Issues used for this

 work.   This  State has  committed itself to over $15,000,000 in

 State grants since 1959* and never once has it failed to

 meet its financial responsibilities.

        I am well aware that we have nearly $150,000,000

 of pollution control work to complete in this State, of

 which nearly $60,000,000 is on the Merrimack or its

 tributaries.  Even though this represents a much heavier

 burden  than  most other states must carry, I feel extremely

 confident that New Hampshire will continue to meet its

 future  obligations from both the standpoint of time and

 money.

        Regarding the  time involved to accomplish this

 work, I have  already indicated that I am totally in agree-

 ment with the schedule submitted with this State's standards

 for compliance by 1977 on interstate waters, and I will add

 that my active support was given to the Act which was known

 as Senate Bill 83, passed by our 1967 Legislature of which

 I was a member.  In putting these requirements of the Water

Quality Act  of 1965 into New Hampshire law, we even went to

-------
                                                               29

                Honorable Thomas Urie



the point of stating our objectives which call for the


initial objective of primary treatment with adequate


disinfection of discharges of sewage and industrial


wastes, followed by a second objective which would


require secondary treatment wherever necessary to protect


uses assigned to the particular stream classification.  We


even went beyond this with objectives relating to more


refined treatment, but the point which I Intend to emphasize


is that New Hampshire should adhere to the first objective


of primary treatment throughout the State before we proceed


to the second, third or any other objective.  This, as the


law says, is "a matter of legislative intent."  That was


what we passed in the Legislature—that it was our intent


to proceed beyond primary after we had got the entire State


on the primary treatment basis.


        To conclude, I will mention once again that New


Hampshire has never once failed to meet its financial


obligations in controlling water pollution.  Its schedule


to reach the clean waters goal is realistic in every way,


and its initial objective of primary treatment throughout

has my unqualified support.

                 *             *
        In addition, I can see no Justification on the


part of the Federal Government in making any demands on

-------
                                                               30
                Honorable Thomas Urie
this State over and above those which we have stated,

especially when it has failed to meet authorized financial

commitments by better than 50 percent during the past

year.  To me this means but one thing the Federal Govern-

ment has not produced the money that it was supposed to

produce in the last biennium, but now they are asking the

State to go ahead with its commitments and the Federal

Government, I am afraid, is a little bit lagging in its

commitment.  So I feel that it is necessary for the Federal

Government to live up to its obligations, Just the same as

it is for the State to live up to its obligations.

        Thank you, gentlemen.

        CHAIRMAN STEIN.  Thank you, Representative Urie.

        Are there any comments or questions?

        (No response.)

        CHAIRMAN STEIN.  I would like to commend you on

the statement.  I know, in meeting with Representative

Urie through the years on this problem,there is no one who

works harder for pollution control in the State of New

Hampshire  I think in the United States  than Representative

Urie.  He has been a prime mover in New Hampshire in getting

the program goins.

        As one will develop whatever system of government

one represents- state, Federal or local - there are bound

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                                                               31



                    Lester Klashman





to be possibly some differences.  However, in dealing with




Representative Urie, we have never had these conceptual



differences or philosophies stand in the way of trying to



get together and meet a problem.  As far as I can see, we



have always worked out an accommodation.  If we proceed in



this spirit, I hope we will be able to handle that program.




Thank you very much.



        MR. Klashman, Director, FWPCA Northeast Regional




Office, representing the Federal Government.





             STATEMENT OF LESTER KLASHMAN



              DIRECTOR, NORTHEAST REGION



           U. S. DEPARTMENT OF THE INTERIOR



    FEDERAL WATER POLLUTION CONTROL ADMINISTRATION




                 BOSTON, MASSACHUSETTS





        MR. KLASHMAN.  This second session of the conference




of the Merrimack and Nashua Rivers has the following three



objectives from our standpoint:



        l)  to resolve the schedules for the pollution



abatement programs for Manchester, Concord, Plymouth, New




Hampshire and those municipalities and industries in Massa-



^chusetts where there have been modifications in the dates



[which have been previously submitted and approved by the

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                                                               32
                    Herbert Pahren

Secretary.
        2)  to present the results of the technical study
of the Merrlmack and Nashua Rivers conducted through 1964
and 1965 by the Federal Water Pollution Control Administra-
tion.
        3)  to review the status of compliance with
pollution abatement schedules given to the various polluters
within the conference area.
        I would like to first call on Mr. Herbert Pahren,
the Director of Technical Programs for the Northeast Region
of the Federal Water Pollution Control Administration to
give our statement.

            STATEMENT OF HERBERT R. PAHREN
             DIRECTOR, TECHNICAL PROGRAMS
                  NORTHEAST REGION
           U.  S. DEPARTMENT OF THE INTERIOR
    FEDERAL WATER POLLUTION CONTROL ADMINISTRATION
                 BOSTON, MASSACHUSETTS

        MR.  PAHREN:  Mr. Chairman, conferees, ladies and
gentlemen.  Mr.  Chairman, I would like to introduce the
report of our technical study in six parts as an exhibit in
this conference but not as part of the transcript.

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                                                               33




                    Herbert Pahren






        CHAIRMAN STEIN.  Without objection from the



conferees, this will be done.   We will make copies of



this available to the States and they will be on file



and available for inspection during the normal business



hours at our Regional Office in Boston and at headquarters.



(The above-mentioned Federal report in six parts, marked



Exhibit 1, is on file at the Federal Water Pollution



Control Administration Northeast Regional Office, Boston,



Massachusetts, and Federal Water Pollution Control Adminis-



tration Office, Washington, D. C.)



        How many copies of this do you have for distribu-



tion in case anyone wants it?



        MR. PAHREN.  I think the majority of the people



in the audience today have copies already.



        CHAIRMAN STEIN.  All six?



        MR. PAHREN.  Yes.  Some of them Just want the



summary.




        CHAIRMAN STEIN.  Right.



        If you really need these, I suggest while the



supply lasts you can get them.  I would also ask as



reasonably concerned and good citizens you Just take the




summary, so we will have a supply of that technical backup



for the people that really make use of it.  Thank you.



        MR. PAHREN.  The summary of our study is as follows:

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                                                               34
                    Herbert Pahren

        The Merrimack River is polluted —
        MR. KLASHMAN.  Excuse me, Mr. Pahren.   Did you
want the summary entered as if read completely?  You are
not going to read it all, are you?
        MR. PAHREN.  The initial summary I will read
verbatim from here.
        MR. KLASHMAN.  I mean are you going to have this
whole document made as part of the record?
        MR. PAHREN.  Part One?
        MR. KLASHMAN.  Yes.
        MR. PAHREN.  Yes, I would like Part I  included in
the transcript as if read.
        CHAIRMAN STEIN.  Without objection, this will be
done.

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                                                               35




                     Herbert Pahren





        CHAIRMAN STEIN:  Will you continue.



        MR.  PAHREN.   The Merrimack River is  polluted by



the discharge of raw and partially treated municipal and



industrial wastes for most of its length in  New Hampshire



and Massachusetts.  Every day more than 120  million gallons




of wastewater flow into the Merrimack River  alone,  polluting



it physically, bacteriologlcally and chemically.  This



polluted condition,  which has been recognized since the turn



of the century, will become progressively worse unless



effective abatement action is taken immediately.



        The major sources of raw or inadequately treated



municipal waste discharged to the Merrimack  River Basin are:




        New Hampshire:  Allenstown, Bristol, Concord,



Franklin, Hooksett,  Lincoln, Manchester, Milford, Nashua,



Pembroke, Plymouth,  Wilton.




        Massachusetts:  Amesbury, Andover, Clinton, Dracut,



Pitchburg, Groveland, Haverhill, Lawrence, Leominster,




Lowell, Methuen, Newburyport, North Andover, Salisbury.




        The major sources of industrial waste discharged



to the Merrimack River Basin are:



        New Hampshire:  Ashland Paper Mills, Ashland;



Poster Grant Co., Manchester; Pranconia Paper Corp., Lincoln;



Granite State Packing Co., Manchester;  Granite State Tanning

-------
                                                               36
                    Herbert Pahren
Co., Nashua;  Merrimack Leather Co., Merrimack.

        Massachusetts:  Continental Can Co., Haverhill;

Palulah Paper Co., Fitchburg;  Fitchburg Paper Co., Fitch-

burg; Foster Grant Co., Leomlnster;  Gilet Wool Scouring

Corp., Chelmsford;  Lawrence Wool Scouring Co.,   Lawrence;

Lowell Rendering Co., Billerica;  Mead Corp., Lawrence;

Oxford Paper Co., Lawrence;  Southwell Combing Co., Chelms-

ford;  St. Regis Paper Co., Pepperell; Weyerhaeuser Paper Co.,

Fitchburg.

        Suspended solids in waste discharges in the study

area were equivalent to those in the raw sewage of 1,653,000

persons, with 72 percent originating in Massachusetts.  These

materials cause deep sludge deposits which deplete the stream

oxygen supply, produce offensive odors, reduce or eliminate

aquatic life which serves as food for fish, and make once

attractive waters appear murky.

        Coliform bacteria equivalent to those in the raw

sewage from 416,000 persons are discharged to the  Merrimack

River and its tributaries at the present time, with 3^ percent

originating in New Hampshire and 66 percent originating in

Massachusetts.  Sewage effluents receiving no treatment account

for 92 percent of the total coliform bacteria in the stream.

        Nashua and Hudson, New Hampshire, contributed over

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                                                              37





                    Herbert Pahren





9S percent of the coliform bacteria at the New Hampshire-




Massachusetts state line during warm low-flow periods.  How-



ever, with colder water temperatures and increased flows in



the autumn, the Nashua-Hudson portion at the state line was



reduced to 50 percent; Manchester, New Hampshire,  was respon-



sible for 25 percent of the total; and other upstream com-



munities were responsible for 25 percent.  Of the  bacteria



originating from upstream communities and reaching Nswbury-




nort, Massachusetts, 51-4 percent emanated from the Lawrence




region, 17.1 percent from the Haverhill region, 31.4 percent



from the Amesbury area, and 0.1 percent from the remaining




upstream communities.




        Coliform densities as high as 9,200,000 per 100



milliliters were found in the Merrimack River.  This value,



found below Lawrence,  is 1,350 times the recommended maximun



value of 5,000 per 100 ml. (One hundred milliliters of water



is slightly less than one-half cup.) This excessive bacterial



pollution presents a health hazard to all who come in contact



with the water.




        Disease-producing bacteria of the genus Salmonella



were consistently recovered from the Merrimack in  both New




Hampshire and Massachusetts,  indicating that ingestion of any



water from the Merrimack River before it is treated or of



produce from truck farms using untreated river water for

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                                                               38




                    Herbert Pahren





irrigation is a definite health hazard.  Salmonellae were



isolated during every test made at the Lowell and Lawrence,



Massachusetts, water intakes.  Typhoid fever, gastroenteritis,



and diarrhea are a few of the many diseases of man caused by



these bacteria.



        Sewage and industrial wastes presently discharged



to the basin have an estimated biochemical oxygen demand



equivalent to that in the untreated sewage of 1,422,000



persons, of which 693>000 population equivalents are dis-



charged in New Hampshire.  BOD is a measure of the ability



of a waste to deplete the dissolved oxygen resource of a



stream.



        Serious depletion of the dissolved oxygen content



of the Merrimack River occurred during the study period.



For the months of June, July, August and September of



1964 and 1965» minimum dissolved oxygen from Manchester



to Newburyport was less than 2.0 parts per million at every



station; zero values were found below Haverhill.  At no



point upstream of Manchester was the minimum value in



excess of five parts per million.  A value of five parts



per million for at least 16 hours a day is one requirement



of the New England Interstate Water Pollution Control



Commission for Class C waters, C being the class of water



considered acceptable for recreational boating, fish

-------
                                                                39



                    Herbert Pahren





habitat and industrial water supply but not for swimming




or drinking under normal conditions.  Using BOD as an



indicator, the most polluted reach of the Merrimack River



was between Lawrence and Haverhill, Massachusetts.



        BOD crossing the state line from New Hampshire into



Massachusetts amounted to 28,300 pounds per day.  This is



equivalent to the BOD of raw sewage from 169,000 persons.



As a result of the reduction in dissolved oxygen, fish,



fish food organisms and other desirable forms of aquatic



life are destroyed.  In addition, when the dissolved oxygen



content of the river is sufficiently low, obnoxious gases



are given off by the stream, forcing unsightly clumps of



sludge to rise to the surface.



        Biological stream studies showed that, with few



exceptions, the entire length of the Merrimack River is



grossly polluted from Franklin, New Hampshire, to its



mouth at Newburyport, Massachusetts.  Those desirable



benthic organisms sensitive in their response to pollution
i


were absent in the lower 57 miles of the Merrimack River.



In only four areas did the river recover enough from its



despoiled condition to permit a small number of sensitive



organisms to exist before additional wastes reduced the



quality of the river.




        Serious pollution exists in the North Nashua River

-------
                                                              40
                    Herbert Pahren





from the outfall of the Weyerhaeuser Paper Company,



Fitchburg, Massachusetts, to the confluence of the north



and south branches of the Nashua River at Lancaster,  Massa-



chusetts; in the Nashua River from Lancaster,  Massachusetts;



in the Nashua River from Lancaster to the mouth of the



Nashua River in New Hampshire; in the Squannacook River



below the dam at Vose Village; and in the South Branch



Nashua River below Clinton, Massachusetts.  This pollution



affects present and potential water uses.



        Discharges from paper mills result in suspended



solids, organic matter causing biochemical oxygen demand,



and materials causing apparent color in the stream.   By far



the largest loadings emanate from the three paper industries



of Fitchburg, Massachusetts.  Excessive bacterial densities,



suspended solids, nutrients and organic matter are the



result of inadequate sewage treatment, particularly at



Fitchburg and Leominster, Massachusetts.



        Discharges of suspended solids create a severe



problem in the Nashua River.  Suspended solids discharged



to the Nashua River Basin are equivalent to those in the



raw sewage from 556,000 persons.  Of these, nearly 92 per-



cent come from the paper mills.  It is estimated that 17



million cubic feet of sediments have accumulated in



Pepperell pond alone.

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                                                              41




                    Herbert Pahren





        Bacteria equivalent to those in the raw sewage  of



approximately 24,000 persons are discharged to  the  Nashua



River Basin at present.   Fitchburf and Leominster,  Massa-



chusetts, contribute 90 percent of the total.   The  coliform



bacteria in the North Nashua River were as high as  680  times



the recommended maximum value of 5,000 per 100  ml for this



stream.  Disease-causing bacteria were isolated in  both the



North Nashua and the South Branch Nashua Rivers.



        Sewage and industrial wastes presently  discharged



to the Nashua River Basin have an estimated biochemical



oxygen demand population equivalent of 178,000, of  which the



paper industries contribute 76 percent of the total.  As a



result of the reduction in dissolved oxygen, fish,  fish food



organisms and other desirable aquatic life are  destroyed and



obnoxious odors are given off by the stream.



        Nutrients discharged to the Nashua River Basin  result



in excessive densities of algae and other aquatic plants,



creating a nuisance.  These plants may die and  decompose,



causing unsightly conditions, obnoxious odors and depletion



of dissolved oxygen.



        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 Winni-



pesaukee River in Franklin, New Hampshire, due  to the

-------
                                                            42
                      Herbert Pahren

discharge of sewage and industrial wastes in the basin.
     Suspended solids discharged to the Pemigewasset
River watershed 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.
Hydrogen sulfide, resulting from sludge deposits behind
this dam> caused thousands of dollars of damage to houses
in Bristol, New Hamsphire, on August 18, 1965, and on
August 23, 1966, by discoloring the paint on the houses.
     Sulflte waste liquor, released to the Pemigewasset
River by the Pranconia Paper Corporation, not only creates
an enormous oxygen demand but also contains lignin sulfonates
which persist as the waters flow into Massachusetts.  As a
result of the sulfite waste liquor, the river is discolored,
adding to the water treatment costs at Lowell and Lawrence,
Massachusetts
     Restricted recreational use of the Merrimack and its
tributaries due to their polluted conditions alone caused
an estimated loss of $21,300,000 in 1964.  There is presently
a very limited amount of fishing in the basin, but the U. S.
Pish and Wildlife Service has expressed interest in reintro-
ducing salmon and other anadromous fish to the streams once

-------
                                                              43

                       Herbert Pahren


the pollution has been abated.

     In 1964 the value of the soft-shell clam harvest

amounted to only $14,000 of a potential $1,000,000.   Dis-

charges to the Merrimack River estuary from existing

sewage treatment plants significantly contribute to the

bacterial densities near the shellfish growing areas.

     An even greater loss can be attributed to decreased

property values and the resulting decrease in the tax revenues

caused by the polluted condition of the Merrimack River and

its tributaries.  In 1964 these losses to communities in the

basin amounted to about $14,600,000.

     It is estimated that between $37,000,000 and $70,000,000

is being lost annually as a result of pollution in the

Merrimack River Basin.

     Although the Merrimack River is now used for industrial

process water, cooling water, and for hydroelectric power,

sand filters and other treatment methods are often employed

at the Industry's expense to precondition the water before

it can be used.  An Increase in industrial development

could be expected once the basin communities can offer Im-

proved water quality.
                   *
     The Merrimack is also used as a municipal water supply

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                                                           44




                    Herbert Pahren





for Lowell and Lawrence, Massachusetts.  As the polulation



in the basin increases, more and more communities will be



turning to the Merrimack to meet their water needs because



it is the only water supply of sufficient quantity to meet



the demand.  Eight basin communities have already expressed



interest in the use of the river.  Well-designed and efficient



sewage treatment plants will be necessary to ensure adequate



water quality.



        Sewage and industrial wastes continue to be dis-



charged to the Merrimack River and its tributaries in New



Hampshire, causing pollution which endangers the health or



welfare of persons in Massachusetts; the sewage and indus-



trial wastes discharged to the Merrimack River and its



tributaries in Massachusetts cause pollution which endangers



the health or welfare of persons in New Hampshire and Massa-



chusetts.  Therefore, this pollution is subject to abatement



under the provisions of the Federal Water Pollution Control



Act (33 United States Code 4-66 et sequence).



        Recommendations:



        Many suggestions of the Merrimack River Project



concerning water quality criteria and stream classification



have already been implemented by the two Basin States in the



process of adopting water quality standards.  Still others



are being considered by the New England Interstate Water

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                                                           45

                    Herbert Pahren


Pollution Control Commission for the region as a whole as

well as the basin waters.

        Implementation and construction schedules submitted

by the States of New Hampshire and Massachusetts and approved

by the Secretary of the Interior, as required by the Federal

Water Pollution Control Act, as amended, shall be followed

for the Merrimack River Basin.  Implementation and construc-

tion schedules for sources of pollution on intrastate portions

of the Merrimack River Basin in Massachusetts shall be in

accordance with State and local requirements so as to meet

the stream classificiations.

        It is recommended that the implementation program  for

the following New Hampshire communities in the Merrimack River

Basin that did not receive approval by the Secretary be as

follows:

        For Manchester, Concord and Plymouth we are recom-

mending secondary treatment.

        For Manchester, final plans and specifications by

December 1970; start construction by April 1972; complete

construction by December 1974.

        For Concord, final plans and specifications by May
                    >
1969;  start construction by April 1971; complete construction

by April 1973.

        Plymouth, final plans and specifications by July

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                                                          46

                    Herbert Pahren



1971; start construction by July 1973; complete construction


by December 1974.


        Consideration shall be given in the water pollution


control programs, as necessary, to the following:


1.    Sewerage systems with collection sewers terminating


      in adequate treatment facilities shall be provided in


      those 'areas along the stream where sewers do not now


      exist and where homes discharge either raw wastes or


      septic tank effluent to the watercourse and where local


      treatment facilities will not suffice.


2.    All new construction of sewer lines and revisions to


      existing systems shall provide for the separation of


      storm runoff and sewage.


3.    All new and existing, waste treatment facilities shall


      by designed or modified, if possible, to prevent by-


      passing of untreated wastes during maintenance and


      renovation operations and power failures.


4.    All municipal and industrial wastes in the Merrimack


      River Basin are to receive a minimum of secondary


      treatment or equivalent.  All effluents containing


      domestic wastes are to receive adequate disinfection.


      Maximum removal of nutrients, including phosphates, by


      the most effective available means is to be provided,
                                                   f>

      as necessary, to meet stream  classifications.

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                                                           47



                    Herbert Pahren






5.    All industries and municipalities in the area dis-



      charging waste material to the public waters shall



      maintain an inventory of critical waste treatment



      parts and supplies on the plant premises so that a



      minimum delay in effective waste treatment will result



      when replacement or repair is necessary.



6.    Consideration shall be given for 24-hour supervised



      operation of all sewage treatment plants.



7.    Provisions shall be made to allow sampling of the final



      effluent prior to discharge.



8.    No backwater or eddies shall exist near the outfall



      that would hinder mixing.  The location of the outfall



      should be such as to enhance mixing of the treatment



      plant effluent.



9.    Operation of dams in the Merrimack River Basin should



      be regulated by the appropriate agency so that certain



      adequate flows are released at all times.



10.   All water treatment plants shall dispose of spent



      activated carbon and  settled   solids by means other



      than to the stream.



11.   Facilities to accept septic tank t^ruck discharges are



      to be provided at sewage treatment plants or other



      approved areas.

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                                                            48




                    Herbert Pahren






12.   There shall be no discharges from septic  tank



      cleaning operations directly to the waters  of the



      basin.



13.   All marine conveyances equipped with marine toilets



      operating upon the basin waters shall use a holding



      tank or other approved pollution control  device.



14.   The appropriate agency should prohibit garbage or



      refuse (including automobile bodies and other unsightly



      debris) from being dumped along the banks of the



      river, and no open dumps should be allowed  on the  flood



      plain.  Material in present dump sites along the river



      banks shall be removed and appearance of  the bank



      restored to an aesthetically acceptable condition.



      Present open dumps on the flood plain should be converted



      to sanitary landfills operated acceptably to the appropri-



      ate State agencies.



15.   In the shellfish growing areas near the mouth of the



      Merrimack River, the requirements of the  National  Shell-



      fish Sanitation Program are to be met in  order to  permit



      reopening of the maximum number of those  areas presently



      closed to the harvesting of shellfish.



16.   Consideration should be given by the city of Newburyport



      and the town of Salisbury, Massachusetts, to developing



      an engineering report which would include the relative

-------
                    Herbert  Pahren                            49







merits of:




a.     Treatment and joint discharge of the Atlantic




       Ocean;




b.     Individual discharges to the Atlantic Ocean;




c.     Joint treatment and discharge to the Merrimack




       estuary; and




d.     Individual discharges to the Merrimack estuary.




In all cases, the report shall include the relative




economic values of the estuarine resources.




   Mr. Chairman, this  completes my statement.




   (Part 1,  of above-summarized report follows.)

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    RE PORT ON POLLUTION OF
    THE MERRIMACK RIVER
    and CERTAIN TRIBUTARIES.

            PART 1

    SUMMARY CONCLUSIONS
    and RECOMMENDATIONS
  U.S. Department of the Interior

Federal Water Pollution Administration

       Northeast Region

  BOSTON, MASSACHUSETTS

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                                                                  51
               REPORT ON POLLUTION OF

                THE MERRIMACK RIVER

              AND CERTAIN TRIBUTARIES

PART I — SUMMARY, CONCLUSIONS, AND RECOMMENDATIONS
         U.  S.  Department of the Interior
  Federal Water Pollution Control Administration
                 Northeast Region
               Boston,  Massachusetts
                  December,  1968

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                          TABLE OF CONTENTS
                                                                  Page No.

SUMMARY	ii

INTRODUCTION  	   1

STREAM STUDIES — PHYSICAL, CHEMICAL, AND BACTERIOLOGICAL	   3

     Study Area	   3
     Pollution Sources  	   ^
     Water Uses	   7
     Effects of Pollution on Water Quality	   8

STREAM STUDIES — BIOLOGICAL	lU

PILOT PLANT STUDY OF BENTHAL OXYGEN DEMAND	16

NASHUA RIVER	17

PEMIGEWASSET RIVER  	  20

RECOMMENDATIONS 	  22
                                  -i-

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                                                                             53
                                SUMMARY
     The Merrimack River is polluted by the discharge of raw and partially

treated municipal and industrial wastes for most of its length in Nev

Hampshire and Massachusetts.  Every day more than 120 million gallons of

waste water flov into the Merrimack River alone, polluting it physically,

bacteriologically, and chemically.  This polluted condition, which has

been recognized since the turn of the century,  will become progressively

worse unless effective abatement action is taken immediately.

     The major sources of raw or Inadequately treated municipal waste

discharged to the Merrimack River Basin are:

     Hew Hampshire

          Allenstown          Hooksett            Nashua
          Bristol             Lincoln             Pembroke
          Concord             Manchester          Plymouth
          Franklin            Milford             Wilton

     Massachusetts

          Amesbury           Oroveland           Lowell
          Andover            Haverhill           Methuen
          Clinton            Lawrence            Newburyport
          Dracut             Leominster          North Andover
          Fitchburg                              Salisbury

     The major sources of industrial waste discharged to the Merrimack

River Basin are:
                                  -ii-

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                                                                        54
          Nev Hampshire
               Ashland Paper Mills, Ashland
               Foster Grant Co., Manchester
               Franconia Paper Corp., Lincoln
               Granite State Packing Co., Manchester
               Granite State Tanning Co., Nashua
               Merrimack Leather Co., Merrimack

          Massachusetts

               Continental Can Co., Haverhill
               Falulah Paper Co., Fitchburg
               Fitchburg Paper Co., Fitchburg
               Foster Grant Co., Leominster
               Gilet Wool Scouring Corp., Chelmsford
               Lawrence Wool Scouring Co., Lawrence
               Lowell Rendering Co., Billerica
               Mead Corp., Lawrence
               Oxford Paper Co., Lawrence
               Southwell Combing Co., Chelmsford
               St. Regis Paper Co., Pepperell
               Weyerhaeuser Paper Co., Fitchburg

     Suspended solids in waste discharges in the study area were equiva-

lent to those in the raw sewage of 1,653,000 persons,  with 72 per cent

originating in Massachusetts.  These materials cause deep sludge deposits

which deplete the stream oxygen supply, produce offensive odors, reduce

or eliminate aquatic life which serves as food for fish,  and make once

attractive waters appear murky.

     Coliform bacteria equivalent to those in the raw sewage from

ta.6,000 persons are discharged to the Merrimack River and its tributaries

at the present time, with 3^ per cent originating in New Hampshire and

66 per cent originating in Massachusetts.  Sewage effluents receiving no

treatment account for 92 per cent of the total coliform bacteria in the

stream.
                                 -iii-

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                                                                              55
     Nashua and Hudson,  Nev Hampshire,  contributed over 98 per cent of



the coliform bacteria at the Nev Hampshire-Massachusetts state Line dur-



ing varm lov-flov periods.  However,  with colder water temperatures and



increased flows in the autumn,  the Nashua-Hudson portion at the state



line was reduced to 50 per cent; Manchester,  Nev Hampshire, was responsi-



ble for 25 per cent of the total; and other upstream communities were



responsible for 25 per cent.  Of the bacteria originating from upstream



communities and reaching Nevburyport, Massachusetts, 51-^ per cent ema-



nated from the Lawrence region, 17.1 per cent from the Haverhill region,



31.^ per cent from the Amesbury area, and 0.1 per cent from the remaining



upstream communities.



     Coliform densities as high as 9,200,000  per 100 milliliters (ml)



were found in the Merrimack River.  This value,  found below Lawrence, is



1,850 times the recommended im«riTmnn value of  5,000 per 100 ml.  (One



hundred milliliters of water is slightly less than one-half cup.)  This



excessive bacterial pollution presents a health hazard to all vho come



in contact with the water.



     Disease-producing bacteria of the genus  Salmonella were consistently



recovered from the Merrimack in both Nev Hampshire and Massachusetts, in-



dicating that ingestion of any water from the Merrimack River before it



is treated or of produce from truck farms using untreated river water for



irrigation is a definite health hazard.  Salmonellae were isolated during



every test made at the Lowell and Lawrence, Massachusetts, water intakes.



Typhoid fever, gastroenteritis, and diarrhea  are a fev of the many dis-



eases of man caused by these bacteria.



                                  -iv-

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                                                                          56
     Sewage and industrial vastes presently discharged to the basin have



an estimated biochemical oxygen demand (BOD) equivalent to that in the



untreated sewage of 1,422,000 persons, of which 693,000 population equiva-



lents are discharged in Nev Hampshire.  BOD is a measure of the ability



of a waste to deplete the dissolved oxygen resource of a stream.



     Serious depletion of the dissolved oxygen content of the Merrimack



River occurred during the study period.  For the months of June, July,



August, and September of 1964 and 1965, minimum dissolved oxygen from



Manchester to Newburyport was less than 2.0 ppm at every station; zero



values were found below Haverhill.  At no point upstream of Manchester



was the minimum value in excess of 5.0 ppm.  A value of 5.0 ppm for at



least 16 hours a day is one requirement of the Hew England Interstate



Water Pollution Control Commission for Class C waters, C being the class



of water considered acceptable for recreational boating, fish habitat,



and industrial water supply but not for swimming or drinking under normal



conditions.  Using BOD as an Indicator, the most polluted reach of the



Merrimack River was between Lawrence and Haverhill, Massachusetts.



     BOD crossing the state line from Hew Hampshire into Massachusetts



amounted to 28,800 pounds per day.  This is equivalent to the BOD of raw



sewage from 169,000 persons.  As a result of the reduction in dissolved



oxygen, fish, fish food organisms, and other desirable forms of aquatic



life are destroyed.  In addition, when the dissolved oxygen content of



the river is sufficiently low, obnoxious gases are given off by the



stream, forcing unsightly clumps of sludge to rise to the surface.






                                  -v-

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     Biological stream studies shoved that, irith few exceptions, the



entire length of the Merrimack River is grossly polluted from Franklin,



New Hampshire, to its mouth at Newburyport, Massachusetts.  Those desir-



able benthic organisms sensitive 
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                                                                         58
92 per cent come from the paper mills.  It Is estimated that IT million



cubic feet of sediments have accumulated in Pepperell Pond alone.



     Bacteria equivalent to those in the raw sewage of approximately



?U,oon persons are discharged to the Nashua River Basin at present.



Fitchburg and Leominster, Massachusetts, contribute 90 per cent of the



total.  The coliform bacteria in the North Nashua River were as high as



680 times the recommended maximum value of 5,000 per 100 ml for this



stream.  Disease-causing bacteria were isolated in both the North Nashua



and the South Branch Nashua Rivers.



     Sewage and industrial wastes presently discharged to the Nashua



River Basin have an estimated biochemical oxygen demand population equiva-



lent of 178,000, of which the paper industries contribute 76 per cent of



the total.  As a result of the reduction in dissolved oxygen, fish, fish



food organisms, and other desirable aquatic life are destroyed, and ob-



noxious odors are given off by the stream.



     Nutrients discharged to the Nashua River Basin result in excessive



densities of algae and other aquatic plants, creating a nuisance.  These



plants may die and decompose, causing unsightly conditions, obnoxious



odors, and depletion of dissolved oxygen.



     Serious pollution exists in the Pemigewasset River from the conflu-



ence vith the East Branch Pemigewasset River in Lincoln, Nev Hampshire,



to the confluence of the Winnipesaukee River in Franklin, Nev Hampshire,



due to the discharge of sewage and industrial wastes in the basin.



     Suspended solids discharged to the Pemigewasset River watershed are



equivalent to those in the raw sewage of 287,500 persons, of which over



                                 -vii-

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98 per cent emanate from industrial plants.  These solids result in



sludge deposits, especially in the impoundment behind Ayers Island Dam.



Hydrogen sulfide, resulting from sludge deposits behind this dam, caused



thousands of dollars of damage to houses in Bristol, Nev Hampshire, on



August 18, 1965, and on August 23, 1966, by discoloring the paint on the



houses.



     Sulfite waste liquor, released to the Pemigevasset River by the



Franconia Paper Corporation, not only creates an enormous oxygen demand



but also contains lignin sulfonates which persist as the waters flow into



Massachusetts.  As a result of the sulfite waste liquor, the river is



discolored, adding to the water treatment costs at Lowell and Lawrence,



Massachusetts.



     Restricted recreational use of the Merrimack and its tributaries due



to their polluted conditions alone caused an estimated loss of $21,300,000



in 196^.  There is presently a very limited amount of fishing in the basin,



but the U. S. Pish and Wildlife Service has expressed interest in reintro-



ducing salmon and other anadromous fish to the streams once the pollution



has been abated.



     In 1964 the value of the soft-shell clam harvest amounted to only



$1^,000 of a potential $1,000,000.  Discharges to the Merrimack River



estuary from existing sewage treatment plants significantly contribute



to the bacterial densities near the shellfish growing areas.



     An even greater loss can .be attributed to decreased property values



and the resulting decrease in the tax revenues caused by the polluted






                                 -viii-

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                                                                      60
condition of the Merrimack River and its tributaries.  In 1964 these



losses to coomunities in the basin amounted to about $1^,600,000.



     It is estimated that betveen $37,000,000 and $70,000,000 is being



lost annually as a result of pollution in the Merrimack River Basin.



     Although the Merrinack River is nov used for industrial process



water, cooling vater, and for hydroelectric power, sand filters and other



treatment methods are often employed at the industry's expense to pre-



condition the vater before it can be used.  An increase in industrial



development could be expected once the basin communities can offer im-



proved vater quality.



     The Merrimack is also used as a municipal vater supply for Lowell



and Lawrence, Massachusetts.  As the population in the basin increases,



more and more communities will be turning to the Merrimack to meet their



vater needs because it is the only vater supply of sufficient quantity to



meet the demand.  Eight basin communities have already expressed interest



in the use of the river.  Well-designed and efficient sewage treatment



plants will be necessary to ensure adequate water quality.



     Sewage and industrial wastes continue to be discharged to the



Merrimack River and its tributaries in New Hampshire, causing pollution



which endangers the health or welfare of persons in Massachusetts; the



sewage and industrial wastes discharged to the Merrimack River and its



tributaries in Massachusetts cause pollution which endangers the health



or welfare of persons in New Hampshire and Massachusetts.  Therefore,



this pollution is subject to abatement under the provisions of the



Federal Water Pollution Control Act (33 U. S. C. k66 et seq.).



                                  -ix-

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                                                                          61
                             INTRODUCTION
     In accordance with the written request to the Secretary of Health,



Education, and Welfare from the Honorable Endicott Peabody,  former



Governor 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 (33 U.  S. C. k66  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.



The conference was held February 11, 196\ in Faneuil Hall,  Boston,



Massachusetts.   Pollution sources and the effects of their  discharges



on water quality were described at the conference.



     In February,  196\ the U. S. Department of Health, Education, and



Welfare established the Merrimack River Project to study the Merrimack



River Basin.  The basic objectives were twofold:



     1.  Evaluation of the adequacy of the pollution abatement



         measures proposed for the Merrimack River within Massa-



         chusetts .



     2.  Development of adequate data on the water quality of the



         Merrimack River and its tributaries.   Waters in both New



         Hampshire and Massachusetts were to be studied.





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                                                                               62
     Headquarters for the Projeet wre established at the Lavrence Experi-
ment Station of the CoMmnraalth of Massachusetts, Lavrence, Massachusetts.
The Project becaae operational July 1, 1964.
     During the first year of Oferatioa, efforts were concentrated pzlaarlly
In the Massachusetts section of the Nerrlaack River.   Second year studies
were Mainly of the Hew Haapshlre sectioms involving suspected  interstate
pollution and of the lashua River.
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                                                                       63
       STREAM STUDIES — PHYSICAL,  CHEMICAL,  AND BACTERIOLOGICAL
Study Area
     The Merrimack River Basin lies in central Nev England and extends
from the White Mountains in New Hampshire southward into northeastern
Massachusetts.  Through Nev Hampshire, the river flovs in a southerly
direction.  Upon entering Massachusetts,  the river flovs easterly for
1*5 miles, emptying into the Atlantic Ocean at Nevburyport, Massachusetts.
The lover 22 miles of the river are tidal.  Lands drained by the Merri-
mack River consist of 5,010 square miles, of vhich 3,800 square miles are
in Nev Hampshire, vhile 1,210 square miles lie in Massachusetts.
     The I960 population vithln the Merrimack River Basin is estimated to
be 1,072,000, of vhich 71*7,000 are in Massachusetts and 325,000 are in
Nev Hampshire.  For the most part, the population centers are located
along the Merrimack River.
     Precipitation is distributed fairly uniformly throughout the year,
and frequent but generally short periods of heavy precipitation are
common in the basin.  The southeastern part of the vatershed, because of
its proximity to the Atlantic Ocean, does not undergo the extremes of
temperature and depth of snov found in Nev Hampshire at the higher eleva-
tions.
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                                                                               64
Pollution Source*



     The Merriaack Hirer is polluted by the discharge of rav and partially-



treated municipal and Industrial wastes for most of its length in Nev



Haapshire and Massachusetts.  Every day acre than 120 Million gallons of



vaste vater flov into the Merriaack Hirer.  The river is polluted bacterio-



logically, physically, and chemically.  This polluted condition, which has



been recognized since the turn of the century, will become progressively



worse unless effective abatement action is taken immediately.



     Coliform bacteria, equivalent to those in the rav sewage from



Itl6,000 persons, are discharged to the Merriaack River Basin.  Thirty-



four per cent of the bacteria are discharged in lew Hampshire; the



remaining 66 per cent in Massachusetts.  These bacteria are discharged by



the Nev Hampshire communities of Alienstown, Boscaven, Concord, Derry,



Franklin, Hooksett, Hudson, Manchester, Merriaack, Milford, Nashua,



Pembroke, Salem, and Wilton and by the Massachusetts communities of



Aaesbury, Andover, Ayer, Billerica, Clinton, Concord, Oracut, Fitchburg,



Oroveland, Haverhill, Lancaster, Lawrence, Leoainster, Lowell,



Marlborough, Maynard, Methuen, Newburyport, North Andover, Pepperell,



Salisbury, Shirley, and Vestborough.



     The suspended solids in the discharges to the study area are equiva-



lent to those in the rav sewage of 1,653,000 persons.  Seventy-two per



cent of those solids originate in Massachusetts.  Major sources of



suspended solids in Nev Hampshire are the communities of Concord,



Franklin, Manchester, Milford, and Nashua and the industries of Brezner



Tanning Corp., Boscaven; Franconia Paper Corp., Lincoln; Granite State

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                                                                       65
Packing Co., Manchester; Granite State Tanning Co., Nashua; Hillsborough.




Mills, Wilton; Merrimack Leather Co., Merrimack; and Seal Tanning Co.,



Manchester.  Massachusetts sources are the communities of Amesbury,




Andover, Fitchburg, Haverhill, Lawrence, Leominster, Lowell, Methuen,



Newburyport, and North Andover and the industries of Amesbury Fibre Corp.,




Amesbury; Commodore Foods, Inc., Lowell; Continental Can Co., Haverhill;



Palulah Paper Co., Fitchburg; Foster Grant Co., Leominster; Fitchburg



Paper Co., Fitchburg; Gilet Wool Scouring Corp., Chelmsford; Groton




Leatherboard Co., Groton; H. E. Fletcher Co., Chelmsford; Hoyt & Worthen



Tanning Corp., Haverhill; Jean-Allen Products Co., Lowell; Lawrence Wool




Scouring Co., Lawrence; Lowell Rendering Co., Billerica; Mead Corp.,



Lawrence; Merrimack Paper Co., Lawrence; Oxford Paper Co., Lawrence;




Southwell Combing Co., Chelmsford; St. Regis Paper Co., Pepperell; and




Weyerhaeuser Paper Co., Fitchburg.



     Sewage and industrial wastes presently discharged in the basin have




an estimated biochemical oxygen demand equivalent to that in the untreated



sewage of 1,^22,000 persons, of which 693,000 population equivalents are



discharged in N^v Hampshire.  The following communities and industries




are the major contributors of this BOD to the study area:  In New Hamp-




shire, the communities are Concord, Franklin, Manchester, Milfori, and




Nashua, and the industries are Foster Grant Co., Manchester; Franconia




Paper Corp., Lincoln; Granite State Tanning Co., Nashua; Hillsborough




Mills, Wilton; Merriraack Leather Co., Merrimack; MKM Knitting Mills, Inc.,




Manchester; M. Schwer Realty Co., Manchester; Seal Tanning Co., Manchester;




Stephen Spinning Co., Manchester; and Waumbec Mills, Inc., Manchester.




                                  -5-

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                                                                               66
In Massachusetts, the communities are Amesbury, Andover, Fitchburg,



Haverhill, Lawrence, Leominster, Lowell, Methuen, Newburyport, North



Andover, and Westhorough, and the Industries are Amesbury Fibre Corp.,



Amesbury; Commodore Foods, Inc., Lowell; Continental Can Co., Haverhill;



Falulah Paper Co., Fitchburg; Fitchburg Paper Co., Fitchburg; Foster



Grant Co., Leominster; Gilet Wool Scouring Corp., Chelmsford; Groton



Leatherboard Co., Groton; Hollingsworth & Vose Co., Groton; Hoyt &



Worthen Tanning Corp., Haverhill; Lawrence Wool Scouring Co., Lawrence;



Lowell Rendering Co., Billerica; Mead Corp., Lawrence; Merrimack Paper



Co., Lawrence; North Billerica Co., Billerica; Oxford Paper Co., Lawrence;



Simonds Saw and Steel Co., Fitchburg; Southwell Combing Co., Chelmsford;



St. Regis Paper Co., Pepperell; Suffolk Knitting Co., Lowell; Vertipile,



Inc., Lowell; and Weyerhaeuser Paper Co., Fitchburg.



     Discharges, other than bacteria, suspended solids, or oxygen demand-



ing material, include color-producing waste discharges by the Franconia



Paper Corp., Lincoln, New Hampshire; plating wastes probably containing



copper and cyanide by the Sanders Associates, Nashua, New Hampshire;



2,380 pounds of grease per day by the Southwell Combing Co., Chelmsford,



Massachusetts; 3,120 pounds of grease per day by the Gilet Wool Scouring



Corp., Chelmsford, Massachusetts; periodic dumping of dye by the Roxbury



Carpet Co., Framingham, Massachusetts; and 860 pounds of grease per day



by the Lawrence Wool Scouring Company, Lawrence, Massachusetts.
                                  -6-

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                                                                           67
Water Uses



     The Merrimack River is the municipal -water supply for Lovell and



Lawrence. Massachusetts.  As the population in the basin multiplies,  an



increasing number of communities vill be turning to the Merrimack River



to meet their water needs.  Construction and efficient operation of



veil-designed sewage treatment plants vill ensure adequate water quality



to enable the municipalities and industries to utilize this abundant and



inexpensive source of water.



     Extensive use of the Merrimack River water is presently being made



by the basin's industries.  This use is limited mainly to flow-through



applications, cooling water, power generation, and waste transport, with



very little consumptive use.  Sand filters and other treatment methods



are often employed by industries to precondition the water.  It would not



be unreasonable to expect an increase in industrial development once the



basin communities can offer improved water quality to both management and



employees for process water and recreational use.



     Merrimack River water is used for irrigation of truck crops along



most of its banks, with a concentration of farms occurring between



Manchester, New Hampshire, and Lawrence, Massachusetts.  Following con-



struction of adequate waste treatment facilities, irrigation water would



have a lower bacterial density, resulting in a reduced health hazard.



     Recreational use of the main stem Merrimack River is severely re-



stricted due to the river's polluted condition.  Fishing is limited by



aa environment unsuitable for game fish common to the area and by public



abhorrence to fishing in water polluted with raw sewage and other waste




                                  -7-

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                                                                              68
materials.  Proper control of this pollution vould enable 10.5 million

people within a day's drive of the river and thousands in the rest of the

country to fully utilize the tremendous fish, wildlife, and recreational

potential of the Merrimack River Basin.

     For the basin area, a minimum estimate of the potential resources

lost due to pollution is $37,000,000 for the year 196^.  The income lost

from various sources is:

          Commercial Shellfish                 $   300,000
          Recreational Visitor Income           21,300,000
          Increased Property Value               9,100,000
          Increased Tax Revenue                  5,500,000
          Miscellaneous                            800,000

                                               $37,000,000

This annual loss may be as high as 60 to 70 million dollars or $65 per

year for every man, woman, and child in the basin.


Effects of Pollution on Water Quality

     Concentrated water quality studies in the Merrimack River Basin were

conducted during July and August of 196^4- and 1965.  Other supplemental

studies were made throughout the year.  Pollution of the Merrimack River

and its tributaries was evaluated primarily on the basis of coliform

bacteria, dissolved oxygen, biochemical oxygen demand, and temperature.

Time of travel data were obtained from Rhodamine B dye studies.

     The temperature of the Merrimack River during the summer months

averaged 73.^°P (23°c).  There was only one significant source of thermal

pollution, that being the Public Service Company of New Hampshire's power

generating facilities at Bow, New Hampshire.  A temperature increase of


                                  -8-

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                                                                         69
      (3°C) was apparent below the discharge area.  Facilities should be



provided for cooling of the waste discharge, thereby preventing an exces-



sive temperature build-up in the river.



     Biochemical oxygen demand (BOD) crossing the state line from New



Hampshire into Massachusetts amounted to 28,800 pounds per day during



August, 1965.  This is equivalent to the discharge of raw sewage from a



city of 169,000 persons.



     Substantial amounts of BOD are discharged by the industries and



communities of Concord, Manchester, and Nashua, New Hampshire, and Lowell,



Lawrence, and Haverhill, Massachusetts, causing serious reduction in the



dissolved oxygen content of the Merrimack River during the summer months.



In June, July, August, and September of 196^- and 1965, minimum dissolved



oxygen from Manchester to Newburyport was less than 2.0 ppm at every



station; zero values were found below Haverhill.  At no point upstream



of Manchester was the minimum value in excess of 5»0 ppm.  A value of



5.0 ppm is considered by most state water pollution control agencies to



be the minimum value to be maintained in order to provide for the maximum



potential warm-water sport fish population.  It is also one of the re-



quirements* for Class C water, as established by the New England Inter-



state Water Pollution Control Commission.



     A depletion of the oxygen resource of a river will reduce or elimi-



nate aquatic life which serves as food for fishes.  The biological study



of the Merrimack River shows that those benthic organisms sensitive in



their response to pollution were absent in the lower 57 miles of the



Merrimack River.  In only four extremely short portions of the river,




                                  -9-

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                                                                               70
consisting of less than 15 miles out of the total river mileage of Il6,


did the river recover enough from its despoiled condition to permit a


small number of sensitive organisms to exist.


     With the exception of a short section of the river between Hooksett


and Manchester, bacterial pollution presents a health hazard for all full


body contact recreation, such as swimming and water skiing, from Franklin,


New Hampshire, to Newburyport, Massachusetts.  Below Manchester and Nashua,


New Hampshire, and Lowell, Lawrence, and Haverhill, Massachusetts, coli-


form densities in excess of 1,000,000 per 100 ml were not uncommon, being


found as high as 9,200,000 per 100 ml.  Recommended limits of coliform


densities for water contact sports range from 50 to 3,000 per 100 ml in


various states.


     Nashua and Hudson, New Hampshire, contributed over 98 per cent of


the coliform bacteria crossing the New Hampshire-Massachusetts state line


during warm, low-flow periods of the year.  However, with colder water


temperatures and increased flows in the autumn, the Nashua-Hudson portion


at the state line was reduced to 50 per cent; Manchester, New Hampshire,


was responsible for 25 per cent of the total; and other upstream communi-

                                                                      •
ties were responsible for 25 per cent.  The discharge of raw and partially


treated sewage to the study area is a health hazard to the residents in the


downstream communities as well as to the local population.


     Vegetables that are ordinarily eaten without cooking are irrigated at


several truck farms with water from the Merrimack River.  Fecal coliforms


were present on vegetables grown from farms irrigating with Merrimack River


water in a significantly greater number of cases than on vegetables that


were not irrigated with the river water.


                                 -10-

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                                                                          71
     While coliform bacteria densities indicate the magnitude of poten-



tial disease-producing organisms,  detection of pathogenic Salmonella bac-



teria is positive proof of the presence of such organisms.  Typhoid fever,



gastroenteritis,  and diarrhea are  but a few of the many diseases of man



caused by these bacteria.   Salmonellae were consistently recovered from



the Merrimack River in both New Hampshire and Massachusetts,  indicating



that ingestion of untreated Merrimack River water is a definite health



hazard.  Salmonella organisms were isolated during each test made at the



Lowell and Lawrence water  intakes.  These disease-producing organisms



vere isolated from river water having a total coliform density as low as



180 per 100 ml.



     The major contributors of coliform bacteria to the estuary are:  the



communities upstream of Newburyport and the two communities of Newburyport



and Salisbury. Of the bacteria originating from upstream communities and



reaching Newburyport, 51.k per cent emanated from the Lawrence region,



17.1 per cent from the Haverhill region, and 31.4 per cent from the Amesbury



area.  Discharges into the estuary from existing treatment facilities in



Newburyport and Salisbury  significantly increase the bacterial densities



near the sHellfish growing areas.   If the potential one-million-dollar



annual shellfish  harvest is to be  a reality, the discharge of treated



sewage in the greater Lawrence, Haverhill, and Amesbury areas will need



constantly and efficiently operating disinfection facilities.  In addition,



the communities of Newburyport and Salisbury will need to discharge their



Bastes, adequately treated, to the Atlantic Ocean instead of to the estuary.






                                 -11-

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                                                                               72
     Phosphate and nitrogen concentrations in the Merrimack River are far



in excess of the amount needed to produce nuisance algal blooms.  In order



to reduce taste and odor problems with municipal vater supplies taken from



the river and to improve the esthetic quality of the vater, the concentra-



tion of these nutrients should be reduced.



     Severe to moderate pollution exists in several tributaries of the



Merrimack River.  These include the Souhegan River near Wilton and Milford,



New Hampshire; Beaver Brook near Deny, New Hampshire, and Lowell, Massa-



chusetts; the Assabet River below Westborough, Hudson, and Maynard, Massa-



chusetts; Hop Brook (a Sudbury River tributary) below Marlborough,



Massachusetts; the Concord River below Billerica and in Lowell, Massa-



chusetts; the Spicket River in Salem, New Hampshire, and Methuen and



Lawrence, Massachusetts; the Shawsheen River below Bedford and in Andover,



Massachusetts; and the Powwow River below Amesbury, Massachusetts.



     Gross oxygen production from photosynthesis in the Merrimack River



was between 0.8 and 2.0 ppm per day during the summers of 1964 and 1965.



These values were obtained by the use of light and dark bottle tests



between Manchester, New Hampshire, and Newburyport, Massachusetts.  The



rate of oxygen production on cloudy days was found to be approximately



one-tenth the value found on sunny days.



     In the 67-mile reach of the Merrimack River between Manchester and



Newburyport, there are approximately 16,900,000 cubic feet of settled



solid material, 7,900,000 of which are located between Lowell and



Lawrence, and 7,800,000 between Haverhill and Newburyport.  The oxygen






                                 -12-

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                                                                           73
demand of these benthal deposits in the overflowing waters ranged from

0.2 to 1.0 ppm per day.

     Oxygen balance studies were carried out,  and the variables affecting

the oxygen sag curves were obtained for each of the six reaches below

Manchester, New Hampshire.  These variables were adjusted to reflect the

future conditions in 1985 when a secondary waste treatment program for the

Merrimack River would be in effect.  Dissolved oxygen calculations for the

1985 conditions indicated that oxygen levels of 75 per cent of saturation

(Class B water as established by the New England Interstate Water Pollu-

tion Control Commission) can be met from Franklin, New Hampshire, to

Lawrence, Massachusetts, and from Amesbury, Massachusetts, to the Atlantic

Ocean.

     Existing and potential future water uses in the Merrimack River indi-

cate that it will be used for a variety of purposes.  Consideration was

given to water quality limits for various constituents that would affect

the suitability of the stream for each water use.  In order to decrease

the biochemical oxygen demand and bacteria in the wastes to be discharged

to the Merrimack River, to provide an effluent more esthetically accept-

able to the public, to assure the existing and future desirable uses of

the river, and to protect the health and welfare of the public, it will be

necessary to provide secondary waste treatment or equivalent, with disin-

fection, for all waste discharges.  If the recommendations of this report

are followed, water quality of sufficient purity to accommodate the
                                *
various water uses will be attained.



                                 -13-

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                                                                               74
                     STREAM STUDIES — BIOLOGICAL
     The biological studies show that, with few exceptions, the Merrimack



River is grossly polluted from Franklin, New Hampshire, to its mouth at



Newburyport, Massachusetts.



     Benthic organisms sensitive to pollution were absent from the samples



taken in the lower 57 miles of the Merrimack River.  In only four extremely



short portions of the river, consisting of less than 15 miles out of the



total river mileage of 116, did the river recover enough from its despoiled



condition to permit a small number of sensitive organisms to exist before



additional wastes reduced the quality of the river.  These four areas were:



four miles below the confluence of the Pemigewasset and Winnipesaukee



Rivers; above Concord, New Hampshire; in the reservoir behind Amoskeag Dam;



and just above the Nashua River confluence.



     Organisms intermediate in their response to pollution were predominant



from below Franklin, New Hampshire, to the confluence of the Contoocook



River.  Additional waste discharges between the Contoocook River and the



Suncook River resulted in an increase in the proportion of pollution-



tolerant forms.  Between Hooksett and Manchester, New Hampshire, the



majority of bottom organisms again were of the types intermediate in their



resistance to pollution.  From Manchester to Amesbury, Massachusetts, a




                                 -14-

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                                                                           75
distance of 66 miles, pollution-tolerant organisms constituted the entire



benthic population or the majority of the forms found.



     The number of species found in the Merrimack River vas far below the



levels desired in a benthic community.  Pollution-sensitive benthic fauna,



such as mayflies, stoneflies, and certain beetles, vere not found in the



river from Manchester, Nev Hampshire, to the Atlantic Ocean.



     A number of tributaries vere sampled near their confluences with the



Merrimack River.  Results show that all of the sampled areas were polluted.



In most cases, wastes were discharged into the lower part of the tributary



and affected the bottom fauna.



     A biological survey was carried out on the lower Souhegan River, a



tributary which discharges into the Merrimack River 12.5 miles upstream



of the New Hampshire-Massachusetts state line.  Between Wilton and Milford,



New Hampshire, the Souhegan deteriorated considerably, with pollution-



tolerant leeches and sludgeworms making up most of the benthic fauna.



This polluted condition of the river continued for several miles down-



stream of Milford.  From a biological standpoint, the river was moderately



polluted from Wilton, New Hampshire, to its confluence with the Merrimack



River, a distance of 20 miles.



     A productivity study of the Merrimack River was conducted between



Manchester, New Hampshire, and Lowell, Massachusetts, that reflected a



relative increase in productivity as the river flowed downstream.



     The surface water of the Merrimack River at the entrance to the



Essex Canal in Lawrence was monitored periodically for phytoplankton and



2ooplankton from April through October, 1965.  Most of the kinds of



Phytoplankton found were tolerant of pollution.




                                 -15-

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                                                                               76
              PILOT PLANT STUDY OF BENTHAL OXYGEN DEMAND
     The areal oxygen demand of bottom sediments taken from the Merrimack



River in Massachusetts was determined by a small pilot plant.  Parameters



in the benthic rate equation vere evaluated on the basis of the data ob-



tained, and the effect of sediment depth on the benthic rate constant, k^,



was studied.



     The value of the benthic rate constant, kj^, varies with the age and



depth of the deposit.  A marked decrease of k^ with increase in sediment



depth occurred between 1.5 and 10 cm.  Above 15 cm no significant decrease



in k^ was observed.



     Only the upper 15 cm of sediment had any significant effect on the



areal oxygen demand.  The observed data were closely approximated by the



equation L^ = !«  • 10"^  at all sediment depths except the 1.5 cm depth.



     Nitrification was believed to play a role in the oxygen demand of the



sediments and was especially significant in the shallow depths studied.
                                 -16-

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                                                                          77
                             NASHUA RIVER
     Serious pollution exists in the North Nashua River from the outfall


of the Weyerhaeuser Paper Company,  Fitchburg,  Massachusetts, to the con-


fluence of the north and south branches of the Nashua River at Lancaster,


Massachusetts; in the Nashua River from Lancaster to the mouth of the


Nashua River in New Hampshire; in the Squannacook River below the dam at


Vose Village; and in the South Branch Nashua River below Clinton, Massa-


chusetts.   This pollution affects present and potential water uses.


     Discharges from paper mills result in suspended solids, organic


matter causing biochemical oxygen demand, and materials causing apparent


color in the stream.  By far the largest loadings emanate from the three


paper industries of Fitchburg, Massachusetts.   Inadequate sewage treat-


ment, particularly at Fitchburg and Leominster, Massachusetts, contributes


to the problem by causing excessive bacterial densities, suspended solids,


nutrients, and organic matter causing biochemical oxygen demand.  Plastics


and metal fabrication industries also add suspended solids and materials


that cause biochemical oxygen demand.


     Bacteria equivalent to those in the raw sewage of approximately


2^,000 persons are discharged to the streams at present.  Fitchburg and


Leorainster,  Massachusetts, contribute 90 per cent of the total.  The coli-
                                                          •s

form bacteria in the North Nashua River were as high as 680 times the



                                 -17-

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                                                                              78
reconnended *»rl«ni value of 5,000 per 100 ml for this stream.   Pathogenic



bacteria vere isolated in both the North Nashua and South Branch Nashua



Rivers.



     Discharges of suspended solid* create a severe problem in the Nashua



River.  These materials cause deep sludge deposits vhich deplete the



stream oxygen supply, produce offensive odors, and reduce or eliminate



aquatic life vhich serves as food for fishes.  The suspended matter also



makes these once attractive waters appear turbid.  Suspended solids dis-



charged to the Nashua River Basin are equivalent to those in the raw



sevage of 556,000 persons.  Of these nearly 92 per cent come from the



paper mills.  It was estimated that IT million cubic feet of sediments



have accumulated in Pepperell Pond alone.



     Sewage and industrial wastes presently discharged have an estimated



biochemical oxygen demand population equivalent of 178,000, of which the



paper industries contribute 76 per cent.  As a result of the reduction in



dissolved oxygen, fish, fish food organisms, and other desirable forms of



aquatic life are destroyed.  In addition, when dissolved oxygen is re-



duced to zero, obnoxious odors are given off by the stream.



     Nutrients discharged to the Nashua River Basin result in excessive



densities of algae and other aquatic plants, creating a nuisance.  These'



plants may die and decompose, causing unsightly conditions, obnoxious



odors, and depletion of dissolved oxygen.  In addition, in the absence of



sunlight, the algal respiration depresses the dissolved oxygen to low



levels—at times to zero.  Estimates based on severed population and





                                 -18-

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                                                                           79
stream analyses indicate that 128,000 population equivalents of ortho-



phosphates are discharged to the Nashua River.  Phosphates are key



nutrients which are readily available for the growth of algae and other



aquatic plants.



     As a result of the severely polluted condition of the Nashua River,



the people vho live in the towns bordering the river in Nev Hampshire and



Massachusetts petitioned the governors of the two states to take immediate



abatement action.  The people demanded that the river be restored to a



high state of water quality.



     The Nashua River system has been classified for future highest use



by the state and interstate agencies.  The classification of the North



Nashua and Nashua Rivers was set at Class C.  However, in Massachusetts



the Nashua River was assigned the coliform limitation established for



Class B water.  Class C waters would be suitable for recreational boating



and fish and wildlife usage, while the coliform limit on the Nashua River



would permit recreational bathing.  These classifications would permit



the recreational developments desired by most of the citizens of the area



and would probably provide water quality adequate for industry.



     In addition to many other uses, the Nashua River can be used at the



Port Devens Military Reservation for training exercises involving rivers



and for recreation when pollution is controlled.  The sections of the



river forming the post boundary could be used for public recreation,



^hile the sections entirely within the reservation could be used for



^creation either by post personnel or by the public by permit.






                                 -19-

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                                                                               80
                          PEMIGEWASSET RIVKK
     Serious pollution exists in the Pemigewasset RLver from the conflu-



ence with the East Branch Pemigewasset River In Lincoln, New Hampshire,



to the confluence of the Wlnnipesaulcee RLver in Franklin, Nev Hampshire,



due to the discharge of sewage and industrial wastes in the basin.  Effects



of these discharges persist all the vay into Massachusetts.



     Discharges of raw sewage from several towns result in excessive den-



sities of bacteria and make much of the Pemigewasset River unsuitable for



recreational purposes, even where only limited body contact is involved.



About 29 of the 35 miles of stream between North Woodstock and New Hampton



are above the 5,000 conforms per 100 ml limit usually recommended for rec-



reational uses.  Some of these bacteria may be pathogens which can infect



persons Ingesting the water.



     Suspended solids discharged to the Pemigewasset River watershed 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.  Hydro-



gen sulfide, resulting from sludge deposits behind Ayers Island Dam,



caused thousands of dollars of damage to houses in Bristol, New Hampshire,



                                 -20-

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                                                                           81
on August 18,  1965,  and on August 23,  1966,  by discoloring the paint on



the houses.



     Dissolved oxygen concentrations in the Pemigevasset River are de-



pressed by the discharge of organic materials vhich decompose in the



river and exert an oxygen demand.  Minimum dissolved oxygen concentra-



tions vere belov desirable levels from the East Branch Pemigevasset River



in Lincoln,  Nev Hampshire, to the mouth of the Pemigevasset in Franklin.



The Franconia Paper Corporation is responsible for 9^-5 per cent of the



oxygen demand in the Pemigevasset River Basin, vith a discharge having an



oxygen demand equivalent to that of the raw sewage of ^00,000 persons.



Low dissolved oxygen concentrations destroy fish, fish food organisms,



and other desirable aquatic life.



     Sulfite vaste liquor, released to the Pemigevasset River by the



Franconia Paper Corporation, not only creates an enormous oxygen demand



due primarily to the wood sugars but also contains lignin sulfonates



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 vaste liquor, the river is dis-



colored, adding to the water treatment costs at Lowell and Lawrence,



Massachusetts.



     The Pemigevasset River is in the heart of prime recreational area of



New Hampshire.  Hovever, 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.





                                 -21-

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                                                                              82
                            RECOMMENDATIONS
     Many suggestions of the Merrimack River Project concerning water

quality criteria and stream classification have already been implemented

by the tvo Basin states in the process of adopting water quality standards.

Still others are being considered by the New England Interstate Water

Pollution Control Commission for the region as a whole as well as the

Basin waters.

     Implementation and construction schedules submitted by the states of

New Hampshire and Massachusetts and approved by the Secretary of the

Interior, as required by the Federal Water Pollution Control Act, as

amended, shall be followed for the Merrimack River Basin.  Implementation

and construction schedules for sources of pollution on intrastate portions

of the Merrimack River Basin in Massachusetts shall be in accordance with

state and local requirements so as to meet the stream classifications.

     It is recommended that the implementation program for the following

New Hampshire communities in the Merrimack River Basin, that did not

receive approval by the Secretary, be as follows:

                                    Manchester   Concord     Plymouth

Type of treatment                   Secondary    Secondary   Secondary
Final plans and specifications      Dec. 1970    May 1969    July 1971
Start construction                  Apr. 1972    Apr. 1971   July 1973
Complete construction               Dec. 197^    Apr. 1973   Dec. 1974
                                 -22-

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                                                                          83
     Consideration shall be  given  in  the water pollution  control  pr

as necessary,  to the  following:

     1.   Sewcrace systems with collection  sewers  terminating  in
         adequate treatment  facilities  shall  be provided  in those
         areas alonp;  the stream where sewers  do not  now exist and
         where homes  discharge either raw  wastes  or  septic tank
         effluent to  the watercourse  and where local treatment
         facilities will not suffice.

     2.   All new construction of sewer  lines  and  revisions to
         existing systems shall  provide for the separation of
         storm runoff and sewage.

     3-   All new and  existing waste treatment facilities  shall be
         designed or  modified,  if  possible, to prevent  bypassing
         of untreated wastes during maintenance and  renovation
         operations and power failures.

     -4-.   All municipal and industrial wastes  in the  Merrimack
         River Basin  are to  receive a minimum of  secondary
         treatment or equivalent.  All  effluents  containing
         domestic wastes are to  receive adequate  disinfection.
         Maximum removal of  nutrients,  including  phosphates,  by
         the most effective  available means is to be provided,
         as necessary,  to meet stream classifications.

     5-   All industries and  municipalities in the area  discharging
         waste material to the public waters  shall maintain an
         inventory of critical waste  treatment parts and  supplies
         on the plant premises so  that  a minimum  delay  in effective
         waste treatment will result  when  replacement or  repair is
         necessary.

     6.   Consideration shall be  given for  2^-hour supervised  opera-
         tion  of all  sewage  treatment plants.

         Provisions shall be made  to  allow sampling  of  the final
         effluent prior to discharge.

     8.   No backwater or eddies  shall exist near  the outfall  that
         would hinder mixing.   The location of the outfall should
         be such as to enhance mixing of the  treatment  plant
         effluent.
                                  *                       -v

     ).   Operation of dams in the  Merrimack River Basin should be
         regulated by the appropriate agency  so that certain  ade-
         quate flows  are released  at  all times.
                                 -23-

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                                                                            84
10.  All water treatment plants shall dispose of spent acti-
     vated carbon and settled solids by means other than to
     the stream.

11.  Facilities to accept septic tank truck discharges are
     to be provided at sewage treatment plants or other
     approved areas.

12.  There shall be no discharges from septic tank cleaning
     operations directly to the waters of the Basin.

13«  All marine conveyances equipped with marine toilets
     operating upon the Basin waters shall use a holding
     tank or other approved pollution control device.

Ik.  The appropriate agency should prohibit garbage or refuse
     (including automobile bodies and other unsightly  debris)
     from being dumped along the banks of the river, and no
     open dumps should be allowed on the flood plain.   Mate-
     rial in present dump sites along the river banks  shall
     be removed and the appearance of the bank restored to
     an esthetically acceptable condition.  Present open
     dumps on the flood plain should be converted to sanitary
     landfills operated acceptably to the appropriate  state
     agencies.

15.  In the shellfish growing areas near the mouth of  the
     Merrimack River, the requirements of the National
     Shellfish Sanitation Program are to be met in order
     to permit reopening of the maximum number of those
     areas presently closed to the harvesting of shellfish.

16.  Consideration should be given by the City of Newburyport
     and the Town of Salisbury, Massachusetts, to developing
     an engineering report which would include the relative
     merits of:

     a.  Treatment and joint discharge to the Atlantic Ocean;

     b.  Individual discharges to the Atlantic Ocean;

     c.  Joint treatment and discharge to the Merrimack
         estuary; and

     d.  Individual discharges to the Merrimack estuary.

     In all cases, the report shall include the relative
     economic values of the estuarine resources.

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                                            85
MERRIMACK  RIVER  BASIN

-------
                                                            86




                     Herbert Pharen







        CHAIRMAN STEIN:  Thank you, Mr. Pahren.




        Are there any comments or questions:




        MR. McMAHON:  Yes.




        CHAIRMAN STEIN:  Mr. McMahon has one.




        MR. McMAHON:  Mr. Chairman, first I would like to




commend Mr. Pahren and'Mr. Klashman and Mr. Stein on the




preparation of what I call a substantial effort over the




past two years, and I am not just referring to volume 1, but




also the backup volumes which will be used for technical




information by other agencies.




        I would say that we also have one comment in the




recommendations.  Essentially, all of the recommendations




that are in volume 1 of this report, we feel, are inherent




within our particular water pollution control program in




Massachusetts or as vested in the appropriate agencies in




order to satisfy all of these recommendations.




        My one exception would be No. 13, which states that




all marine conveyances equipped with marine toilets




operating upon the basin waters shall use a holding tank or




other approved pollution control device.

-------
                      Herbert Pahren







        At the present time we in Massachusetts do not




have a Massachusetts approved pollution control law.  V\e




are interested in getting one, however.  We have been




working with the New England Interstate Water Pollution




Control Commission and other States to come up with




legislation that is compatible or equal to one State to




another.




        I am not saying this is not a o;ood idea.  It is




an excellent idea.  I am merely saying that at the present ,




time Massachusetts does net have a boat pollution control




law.  I would exp---:c<: that within a year or two or 18 months




we will have.




        CHAIRMAN STEIN:  Mr. Pahren, do you have a comment




on that or do you want to respond to it?




        MR.  PAHREN:  No.   I think that Mr, McMahon's comment




that they do expect to have it in the law in 12 to 18 months




is adequate.




        CHAIRMAN STEIN:  You might check on some of the




experience we have had with the States in other areas.

-------
                    Herbert Fahren





For example, Lake Michigan, all four bordering States have



adopted, at least in substance, uniform requirements.  I



think we have about achieved that with the five Lake Erie



States.



        New, this is possibly for Mr. Peloquin or anyone



else in the interstate agencies;  You try in this area almost



more than anyone else to get reasonable uniformity on



requirements.  For example, in the upper Mississippi River



between Minnesota and Wisconsin we did not quite have that.



What happened was boat owners did what came naturally.  As



you know, thev do not like to stay in one place; they like



to travel.  When a man in one State would have what he thought



was an adequatelv equipped boat and he would go across a State



line, he suddenly found himself ticketed and had to pay a



$25 or $50 fine.  This did not rest too well with either



State and certainly not the public.



        I really believe the basic issue you must determine



is whether you are going to go for holding tanks, as at the



present time, or you are going to permit a macerator-



chlorinator, as well, or in addition.  In the Great Lak«:s



States they pump from the holding tank, nothing else.  In



the upper Mississippi  between Minnesota and Wisconsin it is



split and this is what causes the problem.



        I would suggest that the mechanics of the legislation

-------
                                                                 39




                    Herbert Pahren






have been developed in other areas,  and I suggest  that  you



look at these.   This is a fairly direct legislative and



regulatory procedure that has been worked out.   All of  these



States have developed a pretty good law.   However, I would




hope, again, that the States can get together on this issue



and come up with a uniform provision so that  the sportsmen




in the area can reasonably feel that if their boats meet  the



requirement in  one State, they could take them to  the waters



of another State in the New England area and  expect to  have



full acceptance of the device.



        MR. PELOQUIN.  I wonder if I could comment on this,




Mr. Klashman?



        MR. KLASHMAN.  Yes.




        MR. PELOQUIN.  For the record,  the New England  Inter-




state Water Pollution Control Commision particularly has  had




this problem under study for the past year, and we also have




had participating on this committee a member  of the Federal



Water Pollution Control Administration and the United States




Public Health Service.  V.'e have discussed the recommendation  of




this committee  to the Technical Advisory Board for holding




tanks preferable and for the development of standard legisla-



tion, which would be applicable as a minimum to the six  New



England States,and, hopefully, considering either further range,




preferably Ithe East Coast  because of the traffic  alonf the

-------
                    Herbert Pahren




Coast, and to support Federal legislation and control of



military and commercial vessels plying along the Coast.



        At the present time we are beginning to develop



standard legislation which we hope will be adopted by the



Compact member States.  This is under consideration.



        MR. KLASHMAN.  Mr. Stein, before Mr. Healy can say



it, we want to say that we in the Region recognize that



New Hampshire has actually been one of the forerunners in



this handling of marine waste.  Actually, New Hampshire  has



had the holding-tank law in effect for some time now.  I



think that some of the other States have copied from it



out in the Midwest.



        CHAIRMAN STEIN.  Did you want to comment?



        MR. HEALY.  Yes, I would very briefly, because you



have a long agenda and we want to get along.



        I think New Hampshire ascribes generally to the



comments' Mr. Pahren has made in regard to the recommendations



outlined in the summary report.



        We do have some strong reservations about the dates



concerning Manchester, Concord and Plymouth.  This stems



largely because of the status of the grant funds.



        Our program of control ,of necessity, has been based



upon the amounts of Federal and State funds which we can



anticipate over the next ten years.  We have a 10-year program

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                                                                  91

                   Herbert Pahren


here,  or we did have when we submitted it in the form of

our water quality standards in compliance with the 1965 Act.

        Now, the funds have not been forthcoming, as

Representative Urie emphasized.  We here will have to make

some adjustments in our schedules.   Either that, or there

will have to be a very serious effort made to establish a

prefinancing system here at State level, which would enable

us to more nearly adhere to the original dates established

by the Commission and by the Legislature in submitting our

standards.

        Now, if I could just add this thought on the boat

pollution control aspect of our operation:  We feel here,

and have, as Mr. Klashman has indicated, that there must be

a real strong effort in this area,  and we have attempted to

have one for the last several years by means of macerator-

chlorinator devices.  In our judgment, this has left results

or brought about results which left something to be desired

and we have now converted to the holding system method which

we believe will be superior.  In fact, a number of these

units are now in use in the State.

        Beginning January  19691 it will be manditory that

*11 boat operators, pleasure craft  included, plying New

Hampshire waters will have to have  a holding tank so as to
            \
receive and store the waste for on-shore disposal at convenient

-------
                                                                  92
                   Herbert Pahren





points around our lakes.



        We applaud and endorse the effort at the New England



Interstate level, because this will facilitate the control



measures in this State.



        Thank you.



        CHAIRMAN STEIN.  Thank you.  I think, Mr. Healy, that



is the trend.



        Without wishing to prolong it and get into the



technical part of this problem, I shall draw out one point



for the consideration of the New England States on the boat



ordinances.  These boats can be put on trailers.  We know



they are used on lakes as well as rivers.  Many of the States



have come up with Mr. Healy1s judgment on this — they have



had the same experience -- that the macerator-chlorinator



has not quite proved satisfactory on lakes because whatever



it does it does not remove the nutrients.  You tend to get



a rapid nutrification of those lakes.  So this is something



to keep in mind.



        Are there any other questions or comments?



        (No response.)



        CHAIRMAN STEIN.  If not, thank you very much.



        Mr. Klashraan.



        MR. KLASHMAN.  We may want to have Mr. Pahren recalled



and ask him another question later, but we have none at this time.

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                                                                  0
                    Thomas Schrader






        CHAIRMAN STEIN.   Proceed.



        MR.  KLA3HMAN.   I would like to now call on Mr.  Thomas




A.  Schrader, Assistant Regional Director,  Bureau of Sport




Fisheries and Wildlife.



        Mr.  Schrader,  do you have  a statement?



        MR.  SCHRADER.   Yes.



        MR.  KLASHMAN.   If there are any other Federal agencies




in the room that would like to make a statement I would very




much appreciate it if  they would make themselves known to




me and let me know now.








           STATEMENT OF THOMAS A.  SCHRADER




              ASSISTANT REGIONAL DIRECTOR



          U. 3. DEPARTMENT OF THE  INTERIOR



        BUREAU OF SPORT FISHERIES  AND WILDLIFE




                 BOSTON, MASSACHUSETTS




 (Representing Regional Director Richard E.  Griffith)






        MR.  SCHRADER.   Mr- Klashman,  with  your  permission,



I would like to leave  the statement that I turned over to




someone earlier to be  entered into the record as written,



but I am going to modify the statement that I read just




slightly to  take care  of the situation that I find myself




iri, in that  pur Regional Director  Mr. Griffith  could not

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                                                                 91



                    Thomas Schrader






attend.  Our Regional Director had intended to be here and




present this statement in person until about 4 o'clock yesterday



afternoon.  So I am going to modify it just slightly to take



care of the fact that I am reading the statement and the



oral presentation.  But I would like the record to show it



as though Mr- Griffith read the statement.




        My name is Thomas A. Schrader.  I am Assistant



Regional Director of the Northeast Region of the Bureau of




Sport Fisheries and Wildlife, which, with the Bureau of



Commercial Fisheries, makes up the United States Fish and



Wildlife Service.  By agreement with Regional Director John




T. Gharrett, Bureau of Commercial Fisheries, the statement



I am presenting represents our combined views.



        We are pleased to have the opportunity to speak at



this conference.  Mr. Griffith's predecessor, and now



Director of the Bureau of Sport Fisheries and Wildlife,



John S. Gottschalk, said at the first Merrimack River




conference in Boston in 1964, ''Throughout the Nation, people




are saying,  '...let's do something about pollution!"  I am



pleased to report that we are making progress.  One of the




things we have learned, however, is that progress in pollution




elimination is slow, due to the enormity of the problem and




the tremendous expenses involved.  We cannot resolve all




the problems overnight.

-------
                    Thomas Schrader






        As our increasing human populations achieve more




leisure time their demands for worthwhile activities, such




as fishing and boating, increases.  By the year 2000, we




expect approximately 3,000,000 of the projected New England



population of 17,000,000 people will fish.  We will be hard




pressed to provide fishing opportunity for these people.



Cleanup of the polluted areas would provide many thousands




of man-days use for fishing.   It would also help to more



evenly distribute fishing pressure on the available waters.



If we are successful in solving the myriad problems facing



fisheries management and can provide outstanding angling



opportunities, we hope that a much higher percentage of our



population will be encouraged to take advantage of fishing



opportunities.



        The potential of the Merrimack River for satisfying




these demands  is enormous.  The ORRRC report ''Sports Fishing



Today and Tomorrow'' estimates that the main stem alone could




support at least  290,000 man-days of fishing each year.  In



addition, the river could support at least 290,000 man-days



of fishing each year.  In addition, the river could support



several thousand  man-days of hunting each year.  The potential




is magnified by the proximity of the river to urban areas.



There are few, other opportunities available to create new



        and hunting areas where they are most needed.

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                                                                 96




                     Thomas Schrader






        The Bureau of Sport Fisheries and Wildlife and the



Bureau of Commerical Fisheries are vitally concerned with the




various aspects of fish and wildlife conservation and develop-




ment within the Merrimack Basin.




        Our concern reflects both the specific and general




interest of the Congress in the conservation of the Nation's




fish and wildlife resources.  The general policy of the



Federal Government is expressed in these words quoted from




the Fish and \\ildlife Act of 1956, "The Congress hereby



declares that the fish, shellfish and wildlife resources of




the Nation make a material contribution to our Nation's



economy and food supnly, as well as a material contribution




tc the health, recreation, and well-being of our citizens;



that such resources are a living renewable form of national



wealth that is capable of being maintained and greatly




increased with proper management; but equally capable of



destruction if neglected or unwisely exploited; that such




resources afford outdoor recreation throughout the Nation




and provide employment, directly or indirectly, to a substan-




tial number of citizens.''




        The restoration of anadromous fish and the full




utilization of resident fish are needed to meet future




demands.  Adequate control of pollution is essential if we are




to accomplish maximum fisheries utilization.

-------
                     Thomas Schrader





        In common with other afencios of the Department of



the Interior,  we are convinced that use of streams for



waste disposal is a single-purpose use we can no longer



afford.   >/e welcome an opportunity to cooperate with any



effort aimed at the restoration of New England rivers.



   (prepared text of above-mentioned statement follows.)

-------
                                                                           98
                U. S. Fish and Wildlife Service
                 Interest in the Waters of the
                        Merrimack River
              Presented at the Second Conference
                       December 18, 1968
                              at
                    Concord, New Hampshire
My name is Richard E. Griffith.  I am Director of the Northeast
Regidn of the Bureau of Sport Fisheries and Wildlife, which,  with
the Bureau of Commercial Fisheries, makes up the U.  S. Fish and
Wildlife Service.  By agreement with Regional Director John T.
Gharrett, Bureau of Commercial Fisheries, the statement I am
presenting represents our combined views.

We are pleased to have the opportunity to speak at this conference.
My predecessor, and now Director of the Bureau of Sport Fisheries and
Wildlife, John S. Gottschalk, said at the first Merrimack River con-
ference in Boston in 1964, "Throughout the Nation, people are saying,
'... let's do something about pollution^'"  I am pleased to report
that we are making progress.  One of the things we have learned,
however, is that progress in pollution elimination is slow, due to the
enormity of the problem and the tremendous expenses  involved.  We cannot
resolve all the problems overnight.

As our increasing human populations achieve more leisure time their
demands for worthwhile activities, such as fishing and boating, in-
creases.  By the year 2000, we expect approximately 3,000,000 of the
projected New England population of 17,000,000 people will fish.   We
will be hard pressed to provide fishing opportunity for these people.
Cleanup of the polluted areas would provide many thousands of man-days
use for fishing.  It would also help to more evenly distribute fishing
pressure on the available waters.  If we are successful in solving the
myriad problems facing fisheries management, and can provide outstanding
angling opportunities, we hope that a much higher percentage of our pop-
ulation will be encouraged to take advantage of fishing opportunities.

The potential of the Merrimack River for satisfying these demands is
enormous.  The ORRRC report "Sports Fishing Today and Tomorrow" es-
timates that the main stem alone could support at least 290,000
man-days of fishing each year.  In addition, the river could support
several thousand man-days of hunting each year.  The potential is
magnified by the proximity of the river to urban areas.  There are
few other opportunities available to create new fishing and hunting
areas where they are most needed.

The Bureau of Sport Fisheries and Wildlife and the Bureau of Commercial
Fisheries are vitally concerned with the various aspects of fish and
wildlife conservation and development within the Merrimack Basin.

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                                                                            99
 Our concern reflects both the specific and general interest of the
Congress in the conservation of the Nation's fish and wild"Hf^
resources.   The general policy of the Federal Government is expressed
in these words quoted from the Fish and Wildlife Act of 1956, "The
Congress hereby declares that the fish, shellfish,  and wildlife
resources of the Nation make a material contribution to our Nation's
economy and food supply, as well as a material contribution to the
health, recreation,  and well-being of our citizens; that such resources
are a living renewable form of national wealth that is capable of being
maintained and greatly increased with proper management; but equally
capable of destruction if neglected or unwisely exploited;  that such
resources afford outdoor recreation throughout the Nation and provide
employment, directly or indirectly, to a substantial number of citizens."

The restoration of anadromous fish and the full utilization of resident
fish are needed to meet future demands.  Adequate control of pollution
is essential if we are to accomplish maximum fisheries utilization.

In common with other agencies of the Department of the Interior, we are
convinced that use of streams for waste disposal is a single-purpose
use we can no longer afford.  We welcome an opportunity to cooperate vrith
any effort aimed at the restoration of New England rivers.

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                                                                 100
                     Thomas  Schrader

         CHAIRMAN STEIN.   Thank  you, Mr. Schrader.
         Are there any  comments  or  questions?
         MR. KLASHMAN.  Mr.  Schrader, Mr. Pahren in his
 statement  made reference  to the fact that the Fish and
 Wildlife had expressed an interest in  reintroducing salmon
 and other  anadromous fish in the Merrimack and some of the
 other streams up here.  I understand that you have done
 this or are doing some work on  the Connecticut and Penobscot,
 I believe.   Do you have any specific plans on the thoughts
 about this on the Merrimack?
         MR. SCHRADER.  I  can add to this statement I
 delivered.
         I  would like to point out  that I guess I am nearing
 the end of a rather long  career in the field of conservation.
 I have been involved in fish and wildlife conservation for
 some 35 years, and one of the most exciting pieces of
 legislation, from my point  of view, in this 35 years has
 been the Anadromous Fish  Restoration Act which was enacted
 by the Congress three  years ago.   And  this provided for a
 Federal cost-sharing program to assist the States in anadromous
 fish restoration projects and authorized the appropriation of
 money to carry out this program.
1        I  can remember back in  the middle 1930fs attending
 conferences of conservationists where  pollution was the

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                                                                 101




                    Thomas  Schrader





subject  of considerable discussion and  the people generally



were convinced that  pollution abatement was absolutely essen-



tial to  full utilization of our potential fish resources.



The Federal Water Act,  the  Pollution Control Act, has, I



think, opened up a tremendous opportunity to the restoration



of fish  in the waters of America;  and in connection with the



anadromous fish, which  are  important both to the commercial



fishery  and to the sport fishery,  we have a mechanism now



to go to work on the streams as a  successful pollution



abatement program is carried out.



        There is no  question that  there is going to be needed



other things done besides the pollution in order to restore



the anadromous fish  runs.  The program  has been under way



for about three years now.   We have had appropriations for



three years; and, of course, the money  that was appropriated



each year by the Congress was put  into  use in those streams



or areas where we had an immediate potential, and the Penobscot



got, I would say, the lion's share of the money that was



allocated throughout the Northeast.



        Now, the Bureau has also made somewhat larger amounts



°f money available for  anadroraous  fish  restoration on the



Connecticut River, and  I would suspect, or I believe, that



°ne of the reasons for  the  larger  allocation for the



Connecticut was due  to  the  fact that the four States involved,

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                                                                 102




                    Thomas Schrader






 plus  our two Bureaus in the Fish and Wildlife Service,




 had gotten together and agreed on a program for the



 Connecticut River.



        Now, we have made some money available to carry




 out restoration work on the Merrimack River, but I suspect




 that  the amounts that could be made available on the



 Merrimack could be increased rather substantially if we



 had some sort of a joint plan for restoration that we




 could get ahead with.



        I view the Merrimack as a river which historically



 had access at one time to anadromous fish.  We think there



 is every reason in the world to believe that they can be



 restored.  I am in hopes that very soon we can embark on a



 major program on the Merrimack River.  V/e stand ready to




 join  with the two States in making additional funds.




        I perhaps might point out that this, of course,




 will  depend upon the temper of the Congress.  We will make




 more  funds available if Congress appropriates more money




 for this program.




        CHAIRMAN STEIN.  Thank you, Mr. Schrader.




        Any further comments?




        (No response.)



        CHAIRMAN STEIN.  By the way, I would like to again




emphasize what Mr. Schrader said.  This is very clear to me.

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                                                                103




                    Thomas  Schrader





Let me first begin by quoting a Congressman from the South



who has always said  that he is shocked that New England



does not take advantage of  the water resources development



that we have in other areas.   As I see it from an economic



impact, we have a problem here that other places in the



country either because climate or other conditions have



kind of ameliorated.   That  is, your recreation season is



relatively short.   It goes  from the 4th of July to Labor



Day and it is all over.  You have the facilities  - the



motels, the filling stations, the restaurants.  They are



all here.



        Now, when you are in a river basin situation, such as



the Connecticut,  the Merrimack or the Penobscot, you do not,



of course, get the ski business in the wintertime.  However,



we know that if the fish are restored the amount of business



you will get from the fishery business will extend this



season materially and will  very well do that before or



after your peak loads.  All you have to do is go out to



the Pacific Northwest and see the kind of operation that



they have  up there.



        It seems  to me that you people have the facilities.



You are all ready to go.  If we can get this pollution



cleaned up and restore these anadromous runs so that we



     have  a reasonably decent habitat for the fish in the

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                                                                 104




                     Thomas Schrader




Merrimack River, and with the cooperation of the Fish and



Wildlife Service and their counterparts in the States, we



would have the same kind of experience that we have had in



the Pacific Northwest.  Possibly, we would have the same



success as we have had with the introduction of Coho Salmon



in Lake Michigan.  Some of you may have seen this -- Coho



Salmon were put into Lake Michigan as a method to control



the alewives, which, as you know are a nuisance.  However,



that is not the issue now.  The point is that the people



in these areas around Lake Michigan now have salmon fever



when the fishing season is opened, and it has opened a



completely expanded industry to areas in times when they



were not normally used for vacation facilities.



        Now, I think the people in the Merrimack Valley



and New England rivers have the same, same situation.



        Let me emphasize this for one moment; because this



is going to be the sort of problem which is not only



pollution alone.  The rivers have been dammed up and these



fish stopped coming in.  However, as we have shown in



rivers in other areas, the Fish and Wildlife people have



fish-passage devices that can get these fish over the dams,



a lot higher dams than you have here.



        The first step and prerequisite is to get these



waters cleaned up, so that they can maintain the fish.

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                                                                  105

                   Charles D.  Larson



        I am sure anyone could make a respectable


argument to Congress for authorizing and making available


these funds to put in these devices if it is going to do


some good and pollution is not going to kill the fish.


Clean water is what we first must have.


        Any other comments?


        (No response.)


        CHAIRMAN STEIN.  Thank you.




            STATEMENT OF CHARLES  D. LARSON


            REGION I, SHELLFISH CONSULTANT


      DEPARTMENT OF HEALTH,  EDUCATION,  AND WELFARE


              U.  S. PUBLIC HEALTH SERVICE


                 BOSTON,  MASSACHUSETTS



        I am here representing the Consumer Protection and


Environmental Health Service of the U.  S.  Public Health


Service.   We welcome the opportunity to  speak in favor


of the continuing efforts to abate the pollution of the


Merrimack and Nashua Rivers.


        On September 1, 1966,  President  Johnson approved
                                 -*
an Interdepartmental agreement between the Department  of


Health,  Education, and Welfare  and the Department of Interior.
              \

This agreement sets forth the  responsibilities  of the.two

-------
                                                              106
                 Charles D. Larson


Departments in the field of water pollution control.  Under

this agreement, the Surgeon General of the Public Health Service

shall provide consultation, advice and assistance relative to

the health aspect of water pollution.  We are interested in safe

drinking water, adequate and healthful water-based recreation,

shellfish that are free from contamination, and crops that are

not contaminated by polluted irrigation waters.

        Since the Merrimack River is already used as a water

supply and may be used by more communities in the future, and

since pathogens were isolated from the river during the Public

Health Service study of the river in 1965, we are interested in

seeing the water quality improved to further protect the

consuming public.  The Merrimack is also used for irrigation and

in its present condition this is a questionable practice.

        The river is used in some areas for water contact

recreation, but there are many areas that cannot be used at the

present time.  If the quality was improved, the river could

provide some needed water-based recreation.

        The Merrimack  River estuary  has  a good  soft clam

population and a Massachusetts Department of  Natural

Resources  Report   published in June  1965  estimates  that

there  are  73>379 bushels  of legal  sized  soft  clams,  and
1.  "A Study of the Marine Resources of the Merrimack River
    Estuary"; Jerome, W.C.? Chesmore, A.P.; Anderson, C.O.;
    and Grice, F.; Massachusetts Department of Natural R
    Resources, Division of Marine Fisheries, June 1965.

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                                                                  107



                   Charles D.  Larson





23,011 bushels,  just under legal size,  in the estuary.



The report indicates that under proper management these



populations could be doubled.   They indicate that at the



then existing wholesale prices approximately $300,000 worth



of clams could be harvested annually.   With proper manage-



ment this value might double or triple.  The total impact



on the economy would raise this figure even more.  How



much would depend on how the clams are used.



        The Public Health Service has  been active in the



Field.of Shellfish sanitation since 1925 when an outbreak of



typhoid fever occurred and was attributed to the consumption



of raw oysters taken from polluted waters.  The state shell-



fish control agencies and the shellfish industry at that



time requested the Public Health Service to aid them in



developing a program of Shellfish Sanitation which would



establish consumer confidence in this  important food item.



        From that beginning the present Shellfish Sanitation



Branch of FDA has evolved.   Presently  the program is guided



by three manuals, the first of which deals with surveying

                                                       i,

and classifying growing waters.   There  are four classifiba-



tions of growing waters, but the one that could apply to the



Merriraack Estuary is the "'Conditionally Approved'' classifica-



tion (The pages  of the Manual  describing these classifications
             i


are attached.)

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                                                                 108



                   Charles D.  Larson






        Before any closed areas in the Merrimack Estuary



can be opened, the requirements of the National Shellfish



Sanitation Program must-be met.  This would involve reduced



pollution from upstream sources and efficient operation of



the Newburyport sewage treatment plant.  Even with efficient



operation of the treatment, sorr.e area must remain closed near




the outfall.  Dye studies have indicated that the effluent



of the treatment plant goes over the shellfish areas during



ebb tide and therefore efficient administrative procedures



must be established and used to insure the immediate closure



of the conditional area if the treatment plant fails.  The



only way the whole estuary could be used would be to re-



locate the treatment plant outfall.



        The goals of the National Shellfish Sanitation



Program are: (1) the continued safe use of this natural



resource (2) active encouragement of water quality programs



which will preserve all possible coastal areas for this



beneficial use.  It is in keeping with this second goal,



our interest in safe drinking water and healthful water-



based recreation, that the Public Health Service supports



the recommendations of the Federal Water Pollution Control



Administration.







Attachment

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                                                                                             109
  3. Approved  Areas.—Growing areas  may
be designated as approved when: (a) the sani-
tary survey  indicates that pathogenic  micro-
organisms, radionuclides, and/or harmful in-
dustrial wastes do not reach  the area in  dan-
gerous concentration, and (b)  this is verified by
laboratory findings whenever  the sanitary sur-
vey indicates the need.  Shellfish may be taken
from such areas for direct marketing.
  Satisfactory compliance.—This item will be
satisfied when the three following criteria are
met:
  a. The area is not so contaminated with fecal
material that consumption of the shellfish might
be hazardous, and
  b. The  area  is  not  so  contaminated  with
radionuclides or industrial  wastes that  con-
sumption  of the shellfish might be-hazardous
(see section C, item 7, regarding toxins in shell-
fish growing areas), and
  c. The coliform median MPN  of the water
does not exceed 70 per 100 ml.,  and not more
than 10 percent of the samples ordinarily ex-
ceed an MPN of 230 per 100 ml. for a 5-tube
decimal dilution test (or 330 per 100 ml., where
the 3-tube decimal dilution test is used) in those
portions of  the area most probably exposed to
fecal contamination during the most unfavor-
able hydrographic  and pollution conditions.
(Note: This concentration might be exceeded if
less than 8 million cubic feet of a coliform-free
dilution water are available for each population
equivalent (coliform) of sewage reaching the
area).   The  foregoing limits need not  be ap-
plied if it can be shown by detailed study that
the coliforms are not of  direct fecal origin and
do not indicate a  public  health hazard  (19)
 (20) .8
  Public-health explanation.—A review  of epi-
demiological investigations of disease outbreaks
attributable to the consumption of raw shellfish
 reveals that two general situations prevail ° in-
sofar a? pollution of growing or storage areas
 are concerned.
  "This MPN value is based on a typical ratio of coliforms
 to pathogens and would not be applicable to any situation in
 which an  abnormally large number of pathogens might be
 Present. Consideration must also be  given to the possible
 MMence of industrial or agricultural wastes In which there
 linn atypical coliform to pathogen ratio (30).
   There is a third general consideration in which shellfish
 "toy be contaminated through mishandling.  This is not re-
 "ted to growing area sanitation and is considered in part II
 °' this manual.
     ( 1 )  Gross sewage cont animation of a grow-
  ing or wet storage area.  (A report of a 1910
  outbreak of typhoid  fever involving  41 per-
  sons notes that raw sewage from a city with
  a population of 30,000 was  discharged only
  a few hundred feet away  from clam beds and
  floats (27) (£8).   In 1947 a case of typhoid
  fever was  attributed to clams harvested 200
  yards from the outlet of  a municipal  sewage
  treatment plant (29).  In the latter case, the
  coliform MPN of the harbor water exceeded
  12,000 per  100  ml. and  the area had been
  posted as closed to shellfish harvesting.)
     (2)  Chance contamination of a growing or
  wet storage area by fresh fecal material which
  may not be diffused throughout the entire area
  (14) (16) (17) (19) and therefore not  readily
  detectable  by ordinary bacteriological pro-
  cedures. The possibility of  chance contami-
  nation was noted by Dr. Gurion in his report
  on a 1902 typhoid outbreak, and who is quoted
  in Public Health  Bulletin No. 86, as "there
  is a zone of pollution established by the mere
  fact of the existence of a populated city upon
  the banks of a stream or  tidal estuary which
  makes the laying down of oysters and clams
  in these waters a pernicious custom  if per-
  sisted in, because it renders  these articles of
  food dangerous at times, and always suspi-
  cious".  The 1956 outbreak  of  infectious
  hepatitis in Sweden (691  cases) attributed to
  oysters which  were  contaminated  in a  wet
  storage area is an example of such contami-
  nation  (16).  Similarly in 1939,  87 cases of
  typhoid were attributed  to fecal  contamina-
  tion of a storage  area by a typhoid  carrier
  It  is  well  established  that shellfish from
water having a median coliform MPN not ex-
ceeding 70 per 100 ml.8 and which is also pro-
tected against chance contamination with fecal-
material, will not be involved in the spread of
disease which can be attributed to initial con-
tamination of the shellfish.  This is not surpris-
ing since a water MPN of 70/100 ml. is equiv-
alent to a dilution ratio of about 8 million cubic
feet of coliform-free water per day for the fecal
material from each person contributing sewage
to the area.  This tremendous volume of water
is available in shellfish growing areas through
      1965
                                           13

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1
d
>
3
I
                                                                PROHIBITED AREA
                                           Sewer outfall    ifj^k  RESTRICTED  AREA
              Sewage
              treatment
              plant
                 PROHIBITED
                 AREA
              CONDITIONALLY
              APPROVED
              AREA
                                                APPROVED AREA
FIGURE 1

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                                                                                             Ill
tidal action which is constantly  bringing un-
polluted water into the area.8
  Areas which are approved for direct market
harvesting of shellfish which will be eaten raw
must  necessarily meet  one general  test; i.e,
sewage reaching the growing  area must be so
treated, diluted,  or aged that it will be of neg-
ligible public-health significance.  This implies
an element of time and distance to permit the
mixing of the sewage or fecal material with the
very large volume of diluting water and for a
major portion of the microorganisms to die out.
Studies of the natural die-off of microorganisms
in an unfavorable marine  environment  have
been summarized by Greenberg (##).
  The effectiveness of sewage treatment proc-
esses must be considered in evaluating the san-
itary quality of a growing area since the bacte-
rial and  viral content of the effluent will be
determined by the degree of treatment which is
obtained  (0) (73) (74)  (75).  The results of
bacteriological sampling must also be correlated
with sewage treatment plant  operation,  and
evaluated in terms of the minimum treatment
which can be expected with a realization of the
possibility of malfunctioning, overloading, or
poor operation.
  The presence  of radionuclides in  growing
area waters may also  have public-health sig-
nificance since shellfish, along with other marine
organisms, have the ability to concentrate such
materials  (31) (32)  (83)  (34).  The degree to
which  radioisotopes will  be concentrated de-
pends  upon the  species  of shellfish  and the
specific radioisotope.  For example, it has been
reported that the Eastern oyster  has  a concen-
tration factor of 17,000 for Zn05 whereas the
concentration factor in  soft tissues for Sr80 is
approximately unity (31) (33).  The distribu-
tion of the radioisotope in the shellfish and the
biological half-life are also variable.  Sources
of radioactive materials include fall-out, indus-
trial wastes, and tmclear reactors.   Limiting
 maximum permissible concentrations of radio-
 active materials expressed in terms of specific
 radioisotopes  and  unidentified  mixtures  in
 water and food have been established (35)  (36).
 The current standard should be consulted in
 evaluating the public-health significance of de-
 ^ted radioactivity in market shellfish.

  See footnote 8 on page 13.

 JUNE 1965
  The bacterial quality of active shellfish will
ordinarily be directly proportional to the bac-
terial quality of the water in which they grew;
however, considerable variation in  individual
determinations may be expected.  The coliform
MPN's of the shellfish usually exceed those of
the overlying water because shellfish filter large
quantities of water to obtain food, thereby con-
centrating the  suspended bacteria.  This rela-
tionship will depend upon the shellfish species,
water  temperature, presence of certain chemi-
cals, and varying capabilities of the individual
animals.
  4. Conditionally Approved  Areas.—The
suitability of some areas for harvesting shellfish
for direct marketing is dependent  upon the at-
tainment of an established performance stan-
dard by  sewage treatment  works discharging
effluent, directly or indirectly, to the area.  In
other cases the sanitary quality of an area may
be effected by seasonal population, or sporadic-
use of a  dock  or harbor facility.   Such  areas
may be classified as conditionally a.pprorfd.
  State shellfish control agencies shall establish
conditionally approved areas only when satisfied
that, (a) all  necessary measures have been taken
to insure  that  performance  standards  will be
met, and (b) that precautions have  been  taken
to assure, that shellfish  will not be marketed
from the areas subsequent to any failure to meet
the performance, standards and before the shell-
fish  can purify themselves of polluting micro-
organisms.
  Kiitixftirtory compl'mt>cc.—This  item will bo
satisfied when—
  a. The  water quality  requirements  for an
nppro red- area are met at all times while the area
is approved as a source of shell fish for  direct
marketing.
  b. An  operating procedure  for cut-h  condi-
tionally tipprored area is developed jointly by
the State shellfish control agency, local agencies,
including those responsible for operation of
sewerage systems, and the local shell fish indus-
try- The operating procedure should be based
on an evaluation of each of the potential sources
of pollution which may affect the  area.  The
procedure should establish performance stand-
ards, specify necessary safety devices and meas-
ures, and define inspection  and check  proce-
dures.  (These procedures  are  described  in
                                           15

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                                                                                               112
more detail  in  the following  public-health
explanation.)
  c.  A closed safety zone is established between
the conditionally approved area and the source
of pollution to give the State agency time to
stop shellfish harvesting if performance stand-
ards are not met.
  d. Boundaries  of  conditionally appro red
areas are so marked as to be readily identified
by harvesters.
  e.  Critical  sewerage system units are so de-
signed,  constructed, and  maintained that the
chances of failure to meet the established per-
formance  standards due to mechanical failure
or overloading are minimized.
  f.  There is a complete understanding of the
purpose of the conditionally approved classifi-
cation by all parties concerned, including the
shellfish industry.   Successful  functioning of
the concept is dependent upon the wholehearted
cooperation of all  interested  parties.  If such
cooperation is not assured the State should not
approve the area for direct harvesting of mar-
ket shellfish.
  g. Any  failure  to  meet  the  performance
standards is immediately reported to the  State
shellfish control agency by telephone or messen-
ger.   In some instances States may find it de-
sirable to delegate  the  authority for closing a
conditionally approved area to a representative
of the agency located in the immediate area.
  h. The  State immediately  closes condition-
ally approved areas to shellfish harvesting fol-
lowing a report that the performance standards
have not  been  met.  The  area shall  remain
closed until  the performance  standards can
again be met plus a length of time sufficient for
the shellfish to purify themselves so that they
will not be a hazard to the public health.  (See
section D-l, "Relaying," for information on the
length of time required for self-purification of
shellfish.)
  i.  The State shellfish control agency makes at
least two  evaluations during the shellfish har-
vesting season of each conditionally approved
area including inspection of each critical unit
of the sewerage system to determine the general
mechanical condition of the equipment, the ac-
curacy of recording devices, and the accuracy of
reporting by the operating agency.
  j.  It is  discovered that failure  to meet per-
formance  standards have not been reported by
the operating agency, or if the performance
standards are not  met,  the area will imme-
diately  revert  to a  restricted  or  prohibited
classification.
  k. All data relating to the  operation  of a
conditionally approved area, including oper-
ation of sewerage systems, are maintained in a
file by the State shellfish control agency.
  Public-health  explanation.—The  condition-
ally approved  classification is  designed pri-
marily  to  protect  shellfish  growing areas in
which the water quality might undergo a signifi-
cant adverse change  within a short period of
time.1"  The change  might  result  from over-
loading or mechanical failure, of a sewage treat-
ment plant, or  bypassing of sewage at a lift
station.
  Water quality in many growing areas in the
more densely populated sections of the country
is, to some degree, dependent upon the operation
of sewage treatment plants.   For example, the
boundaries of an approved shellfish area might
be determined during a period when a tributary
sewage  treatment plant is operating at  a satis-
factory level.  If there, is some interruption in
treatment it follows that there will be some deg-
radation in  water quality in the growing area,
which  may  justify  a relocation  of  the bound-
aries.  The  degree  of relocation would depend
upon such items as the distance between the pol-
lution  source and  the growing area,  hydrog-
raphy,  the amount of dilution water,  and the
amount of pollution.
  The concept is also applicable to other situa-
tions in which there may be  a rapid or seasonal
change in water quality.   Examples  of  such
situations include—
  a. A  growing area adjacent to a  resort  com-
munity.  During  the summer months  the
community might have a large population which
might,  have an  adverse effect on water quality.
However, during the winter when there are few
people  in  the  community  the  water  quality
might improve sufficiently to allow approval of
the area.   In some States this  is known as a
seasonal Closure.
  b. A protected harbor in a sparsely settled
area might provide anchorage for a  fishing fleet
  10 A natural disaster may also cause many sewage treat-
ment plants to be out of service for an extended period of
time.  The conditionally approve/I nri'ii concept is not ordi-
narily concerned with such emergency situations.
16
                               JANUARY 1959

-------
several months a year.  When the fishing fleet is
in, the harbor water would be of poor sanitary
quality; however, during the remainder of the
year the quality of the harbor water might be
satisfactory.  The area would be approved for
shellfish harvesting only when the fishing fleet
is not  using the harbor.
  c. The water quality in an area fluctuates with
the discharge of a major river.  During periods
of high runoff  the area is polluted because of
decreased flow time in the river.  However, dur-
ing periods of low runoff the area might be of
satisfactory quality  and thus be approved for
shellfish harvesting.
  The establishment of conditionally approved
areas might be  considered  whenever the poten-
tial for sewage contamination is such that the
limiting water quality criteria for an approved
area might be exceeded in less than one week
due to a failure of sewage treatment, or other
situations  as  described above.
  The first, step in determining whether an area
should be  placed in the conditionally approved
classification is the evaluation of the potential
sources of pollution in terms of their effect on
water quality in the area.   Potential sources of
pollution include  the following:
    (1) Sewage treatment plants.
      (a)  Bypassing of all  or part of sewage
    because  of mechanical  or power  failure,
    hydraulic overloading, or treatment over-
    loading.
      (6)  Reduced degree of treatment due to
    operational difficulties or inadequate plant.
    (2) Sewage lift, stations.
      (a)  Bypassing during periods of maxi-
    mum flow due to inadequate capacity.
      (6)  Bypassing because of mechanical or
    power failure.
    (3) Interceptor sewers or underwater out-
  falls.
      (a)  Exfiltration due to faulty construc-
    tion.
      (5)  Leakage due to damage.
    (4) Other sources of pollution.
      (a)  Sewage from  merchant  or naval
    vessels.
      (6)  Sewage from recreation use of area.

  The second step in establishment of a condi-
tionally approved area is the  evaluation of each
source of pollution in terms of the water quality

JANUARY 1959
                                         113
standards to be maintained, and the formulation
of performance standards for each installation
having a significant effect on the sanitary qual-
ity of the  area.  Examples of performance
standards might include:
     (1) Bacteriological quality of effluent from
  sewage  treatment plants.  This  might  be
  stated  in terms of chlorine residual if the
  bacteriological  quality of  the effluent can be
  positively related to chlorine residual.  The
  following is an example  of a performance
  standard (37): "The median coliform MPN,
  in any one  month, shall not exceed 500 per
  100 ml., based on not less than 16 composite
  samples per month, and not more than 10 per-
  cent of the samples shall have an MPN in ex-
  cess of 10,000 per 100 ml.  Determinations of
  the chlorine residual of the effluent should be
  made hourly and recorded in the permanent
  plant records."
     (2) Total quantity of sewage which can be
  discharged from any given unit, or from a
  combination of units, without  causing  the
  basic water  quality standards to be exceeded.
     (3) Amount  of shipping in  the area and
  the amount  of sewage which can be expected.

  Design criteria which may be useful in formu-
lating an opinion on the quantity of sewage
which can  be  discharged into an area without
exceeding the  desired water quality standards
include:  Population equivalent  (coliform)  of
sewage; predicted survival  of coliform in sea
water, effectiveness of chlorination, and the total
quantity of clean dilution water in an area.  Re-
sults of many studies on the survival of bacteria
in sea water have been summarized in An In-
vestigation of the Efficacy of  Submarine Owtfall
Disposal of Sewage and Sludge; Publication
No. 14, California State Water Pollution Con-
trol Board, 1956.
  The mechanical equipment at critical sewage
treatment or pumping units should be such that
interruptions  will be  minimized.   Wherever
possible operations should be automatically re-
corded on  charts.  Examples of the require-
ments which might be imposeds depending upon
the importance of the unit  in terms of water
quality, include:
    (1) Ample   capacity  for  storm  flows.
  (Storm  water should ordinarily be excluded
  from the sanitary system.)
                                         17

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                                                                                             114
     (2) Standby  equipment to  insure that
  treatment or pumping will not be interrupted
  because of damage to a single unit or to power
  failure.
     (3) Instrumentation of  pumps and equip-
  ment to allow  the  regulatory agency to de-
  termine  that  performance standards have
  been met. Examples include:
       (a)  Recording scales to indicate rate of
     chlorine use.   Chlorine  flow  can be inte-
     grated  with  hydraulic flow to establish a
     ratio.
       (b)  Liquid level recording gages in over-
     flow channels of sewage treatment plants
     and wet wells of lift stations to indicate
     when overflow takes place.  Charts should
     be  dated and  initialed by  the  operator.
     Gages should  be calibrated  so  that dis-
     charge can be estimated.
       (c)  Automatic devices to  warn  of fail-
     ure  or  malfunctioning  at  self-operated
     pumping stations or treatment plants.
     (4)  The effect, of storm  sewage can be cal-
  culated by  multiplying the total  estimated
  flow by the observed coliform content. The
  result can be expressed  in terms of popula-
  tion equivalents  (coliform).
  Design and operation of equipment should be
such that closure provisions should not have to
be  invoked more  than  once per  year under
ordinary  circumstances.
  A closed safety  area should be interposed
between the conditionally approved area and the
source of pollution. The size of such area should
be based on the total time it would take for the
operating agency to detect a failure, notify the
State shellfish control agency, and for the latter
agency to stop shellfish harvesting.  11 is recom-
mended that the area be of  such size that the
flow time through  the safety area be  at least
twice that required for the notification process
to become effective.  Due consideration should
be given to the possibility that closure actions
might be  necessary on holidays or at night.
  The type of marking which will be required
for conditionally approved areas will vary from
State to State depending upon the legal require-
ments  for closing an area.
  The length of time a conditionally  approved
area should be closed following a temporary
closure will depend upon several factors includ-
ing the species of shellfish, water temperature,
purification rates,  presence  of silt  or  other
chemicals that might interfere with the physio-
logical activity of the shellfish, and the degree
of pollution of the area.  (See section D-l of
this manual for additional information on the
natural purification of shellfish.)
  5. Restricted Areas.—An area may be clas-
sified as  restricted when a sanitary survey in-
dicates a limited degree of  pollution which
would make it unsafe to harvest the shellfish
for direct marketing.  Alternatively the States
may classify such  areas as prohibited.   (See
section C-6, this manual.)  Shellfish from such
areas may be  marketed after purifying or re-
laying as provided for in section D.
  Satisfactory compliance.—This item will be
satisfied  when the following water quality cri-
teria are met in areas designated by  States as
restricted.™ 12
  a. The area is so contaminated with  fecal
materials that direct consumption of  the shell-
fish might be hazardous, and/or
  b. The area is not so contaminated with radio-
nuclides  or indxistrial wastes that consumption
of the shellfish might be hazardous,  and/or
  c. The coliform median MPN of the water
does not exceed 700 per 100 ml. and  not  more
than 10 percent of the samples exceed an MPN
of 2,300  per 100 ml.  in those portions of the
areas most probably exposed to fecal contami-
nation during the most unfavorable hydro-
graphic and pollution conditions.   (Note: this
concentration  might be  exceeded  if  less than
800,000  cubic  feet of a coliform-free dilution
water are available for each population equiv-
alent (coliform') of sewage reaching  the area.)
  d. Shellfish  from restricted  areas are not
marketed without controlled purification or
relaying.
  Public-health  explanation.—In  many  in-
stances it is difficult to draw a clear line of de-
marcation  between polluted  and  nonpolluted
areas.  In such instances the State may,  at its
  11 It is not mandatory that States use this classification.
A roil K not meeting the approved classification mny he closed
to nil harvesting for direct marketing.
  "Routine sanitary surveys nnd reappraisals of restricted
areas slnill be made ou the same frequency as for approved
areas.  (See section C-l.)
18
                               JANUARY 1959

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                                                                                             115
option, classify areas of intermediate sanitary
quality as restricted and authorize the use of the
shellfish for relaying, or controlled purification.
  6. Prohibited Areas.—An area shall be clas-
sified prohibited if the sanitary survey indicates
that dangerous numbers of pathogenic micro-
organisms might reach an area.  The taking of
shellfish from such areas for direct marketing
shall be prohibited.  Relaying or other salvage
operations shall be carefully supervised to in-
sure  against  polluted  shellfish entering trade
channels.  Actual and potential growing areas
which have not been subjected to sanitary sur-
veys   shall   be  automatically   classified  as
prohibited.
  Satisfactory compliance.—This  item will be
satisfied when:
  a. An area  is classified as prohibited if a sani-
tary  survey indicates  either of the  following
degrees of pollution:
    (1)  The  area is contaminated with  radio-
  nuclides or industrial wastes  that consump-
  tion  of the  shellfish might  be  hazardous
  and/or
    (2)  The  median coliform MPN of the wa-
  ter exceeds 700 per 100 ml. or more than 10
  percent of the samples have a  col i form MPN
  in excess of 2,300 per 100 ml.  (Note: This
  concentration  might be reached if less than
  800,000 cubic feet of a coliform-free dilution
  water are available for each population equiv-
  alent  (coliform)  of  sewage  reaching the
  area.)

  b. No market, shellfish are  taken from  pro-
hibited areas except by special permit  as de-
scribed in section D.
  p. Coastal1  areas  in  which sanitary surveys
have not  been  made  shall  be automatically
classified as prohibited.
  Public-health explanation.—The positive re-
lationship between enteric disease and the eat-
ing of raw  or partially cooked  shellfish has
been  outlined in section C-l.   Prevention of
the interstate transport of shellfish  containing
sufficient numbers  of  pathogenic  microorga-
nisms to cause disease is a primary objective of
the National  Program.  Therefore, areas  con-
taining dangerous concentrations of microor-
ganisms of fecal origin, or areas which may be
slightly  contaminated -with fresh  fecal  dis-
charges, should not be approved as a source of
shellfish for direct marketing.
  7. Closure   of  Areas  Due  to  Shellfish
Toxins.—The  State shellfish control  agency
shall regularly collect and assay representative
samples of shellfish  from growing areas where
shellfish toxins are  likely  to  occur.   If the
paralytic  shellfish  poison content  reaches 80
micrograms per 100 Drains of the edible portions
of raw shellfish meat, the area shall be closed
to the taking of the species of shellfish in which
the poison has been found.1"  The harvesting of
shellfish from such areas shall be controlled in
accord  with the recommendations  of  sections
K-l and E--2 of this manual.
  The quarantine shall  remain  in  effect until
such time as the State shellfish control agency is
convinced the poison content of the shellfish in-
volved is below the quarantine level.u
  Ratixfuctory  compliant e.—This item  will be
satisfied when—
  a. The  State shellfish  control agency  collects
and assays  representative  samples  of shellfish
for the presence of toxins from each suspected
growing  area  during the harvesting  season.
(See section B-2 for assay methods.)
  b. A quarantine is imposed against the taking
of shellfish when the concentration of paralytic
shellfish poison equals or exceeds 80 micrograms
per  100 grams of the  edible portion  of raw
shellfish.
  Public-health  explanation.—In some  areas
paralytic  poison is collected  temporarily by bi-
valve shellfish  from  free-swimming, one-celled
marine plants on which these shellfish feed.  The
plants flourish seasonally when water conditions
are favorable.
  Cases of  paralytic poisoning, including sev-
eral fatalities,  resulting from poisonous  shell-
fish have  been  reported  from both the Atlantic
and Pacific coasts.  The minimum  quantity of
poison which  will cause intoxication in a sus-
ceptible person is not known.  Epidemiological
investigations  of paralytic  shellfish poisoning
in Canada have indicated 200 to 600 micrograms
of poison will produce symptoms in susceptible
  13 This value is based on the results of epidemiological in-
vestigations of  outbreaks of paralytic shellfish poison in
Canada in  1954 and 1957 (38) (39).
  " The provisions of this item apply only to shellfish which
will be marketed us a fresh or frozen product as properly
controlled heat processing will reduce the poison content of
the shellfish.
JUNE 1965
                                           19

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                                                                                             116
persons and a death has been attributed to the
ingestion of a probable 480 micrograms of poi-
son.  Investigations indicate that lesser amounts
of the poison have no deleterious effects on hu-
mans.   Growing areas  should be closed  at  a
lower toxicity level to provide an adequate mar-
gin of safety  since in many instances toxicity
levels will change rapidly (38)  (39).  It has
also  been shown that the heat treatment af-
forded in ordinary canning processes reduces
the poison content of raw shellfish considerably.
  A  review of literature and research dealing
with the source of the poison, the occurrence
and distribution of poisonous shellfish, physi-
ology and toxicology, characteristics of the poi-
son,  and prevention and control of poisoning
has been prepared  (40).
  In Gulf coast areas, toxicity in shellfish has
been associated (IS)  (76)  with Red Tide out-
breaks caused by mass bloomings of the  toxic
dinoflagellate,  Gymn-odinhim  breve. Toxic
symptons in  mice  suggest  a type  of ciguatera
fish poisoning rather than symptoms of para-
lytic shellfish poisoning.
20
                                   JUNE 1965

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                                                             117

                     Arthur Newhall

        MR.  KLA3HMAN.  Are there any other representatives
of the Federal Government that wish to be heard?
        (No  response.)
        MR.  KLA3HKAN.  If not, this concludes our statement
at this time.
        CHAIRMAN STEIN.   May we have a  10-minute recess and
                        #
then we will hear from the States.
        (Short recess.)
        CHAIRMAN STEIN."   Let us reconvene, please.
        Before we go on with the continuance of the New
Hampshire presentation,  we are going to call on Mr. Newell
with a statement from New Hampshire on the development  of
the anadromous fishery.
        Will you please give your full name and title?

       STATEMENT OF ARTHUR E.  NEWELL,  SUPERVISOR
                  FISHERIES RESEARCH
        NEW  HAMPSHIRE FISH AND GAME DEPARTMENT
                CONCORD, NEW HAMPSHIRE


        MR.  NEWELL:    Ladies and gentlemen, iny name is
Arthur Newell.    I am Supervisor of Fisheries Research  for
the New Hampshire Fish and Game Department.
          connection with the previous talk by Mr. Schrader

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                                                             118
                   William A.  Healy




I simply would like to add that the Massachusetts Depart-



ment of Fisheries and Game and the New Hampshire Fish and



Game Department have been cooperating on an anadromous fish



restoration program in the Merrimack Basin for approximately



two years.




        We have established a time schedule.  We have not



progressed at this point as far as we have on the Connecticut,



but at the present time we believe that somewhere between




1975 and 1978 that we should be having anadromous fish up?



at leastjinto the New Hampshire section of the river.  This



would be American Shad and^perhaps, not quite so soon, we



anticipate having Atlantic Salmon up into the Pemigewasset




and its tributaries.



        I believe that is all I have.



        CHAIRMAN STEIN.  We will now call on Mr. Healy for



the rest of the New Hampshire presentation.








            STATEMENT OF WILLIAM A. HEALY



                   EXECUTIVE DIRECTOR



       NEW HAMPSHIRE WATER SUPPLY AND POLLUTION




                  CONTROL COMMISSION



                CONCORD, NEW HAMPSHIRE








        MR. HEALY.  Mr. Chairman, New Hampshire intends to

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                                                             119



                    James  A.  Sweeney





enter a policy statement on behalf of th* Commission.



This will be done by Mr. James A.  Sweeney, the Vice Chair-



man of the Commission,  who is sitting on my left.



        In addition to  his prepared statement, our Director



of Municipal Services,  Clarence Metcalf, will make a brief



statement indicating what  changes  are proposed in  the  way



of the legislation at the  upcoming 1969 session of the General



Court so as to accommodate the various criticisms or recom-



mendations outlined in  Secretary Udall's letter of approval



of our water quality standards. He did stipulate  in a number



of areas that changes would be required in the New Hampshire



statutes and its program so as to  meet the Federal objectives.



        So I will ask Mr.  Sweeney  to make his statement now.






      STATEMENT OF JAMES A. SWEENEY,  VICE CHAIRMAN



       NEW HAMPSHIRE WATER SUPPLY  AND POLLUTION CONTROL



          COMMISSION, CONCORD,  NEW HAMPSHIRE




        MR. SWEENEY. Thank you, Bill.



        Mr. Chairman, in appearing before you today with



 regard to the pollution control measures which the New
                           * .
                           4

 Hampshire Water Supply  and Pollution Control Commission has



 Planned for the Merrimack  River, I would like to offer a



      opening statement so that these proposals will be

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                                                              120





                     James Sweeney








clearly understood by all parties concerned.



        As you know, the New Hampshire Commission had its



water quality standards approved by the Secretary of the



Department of the Interior  under date of August 16, 196S.



In indicating his approval of the submission the Secretary



inserted a number of reservations, one of which excluded



approval of the standards for the Merrimack River.  His



letter went on to express concern that the New Hampshire



compliance schedules for the cities of Manchester and



Concord were not compatible with the schedule established



by the Commonwealth of Massachusetts for this particular



watershed.



        In response to this criticism, I would have to say



that careful consideration was given by us to the fact that



some disparity in time did exist between the project



schedules in the two States.  However, such a situation is



inevitable, because in developing the construction schedule



we had to take into account the availability of Federal and



State grant money to fund the various projects which would



be needed to satisfy the control needs along the New Hampshire



portion of the Merrimack River.



        It is significant to note here that the Federal



appropriations are already in default of the amounts

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                                                              121





                     James Sweeney






authorized in the Federal Water Pollution Control Act,



and this can only have a damaging effect on the schedules



which were contained in the water quality standards earlier



approved by the Secretary.  Undoubtedly, the same unfavorable



impact will be felt in other States,  since, to the best of



our knowledge, the vast majority, if  not all States, have



counted upon full Federal appropriations in preparing project



construction schedules for your review and consideration.



        Returning to the difference in time which does exist



between New Hampshire and Massachusetts schedules, it should



be pointed out that we did consult with the Commonwealth of



Massachusetts authorites and they still have no objection



to the limits which have been established in the implementa-



tion plan prepared by New Hampshire.   They are aware of the



many pressing projects which must be  constructed along other



interstate streams within the boundaries of this State and



recognize the financial commitments which are represented



therby.  In other words, there is a complete appreciation of



the fact that the schedules which have been developed



Statewide are fair and equitable in every instance; giving



due regard, of course, to the grant funds which can be



anticipated over the next several years.



        Incidentally, it may be well  to indicate at this



time that a considerable amount of control has already been

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                                                              122





                     James Sweeney





established in the Merrimack Basin.   For example,  in the



Pemigewasset River watershed, which your agency considers to



be the main stem of the Merrimack River, sizable pollution



control projects are well under way in Lincoln, Ashland,



Plymouth, Bristol and Hooksett.  In addition, communities



such as New Hampton, Goffstown, Derry, Salem and Nashua



have completed construction of control facilities.  These



plants have resulted in improvement of water quality in



the watershed, and when the others which I mentioned are



finished within the next year or so, other significant



improvements in water quality will be realized.  Major com-



munities likft Manchester and Concord are actively planning



for similar control measures and, thus, it has been estimated



that the entire river will be cleaned up by 1977.   This



estimate, as indicated earlier, was prepared on the basis



of full Federal appropriations.



        The State Legislature has continued its policy of
                  •


making adequate funds available to meet its obligations, and



there is every expectation that this will continue to be the



case over the next several years.  When we examine what has



been done to date and review realistically what can be done



in the light of Federal funds currently available to us, the



New Hampshire program must be regarded as a highly satisfactory



one.  V;hat is needed now, and needed badly — is a drastic

-------
                                                                123
                     James Sweeney

upturn in Federal appropriations to relieve the bottleneck
which has been created by the unfortunate curtailment in
funding at the Federal level.
        The prospects of some relief through the contract
provisions incorporated in S.3206 held some promise  of
relief, however, because the formula for allocating contract
capacity to the several States was based strictly upon
population, we understand that only something in the neighbor-
hood of $750,000 in contract capacity would have been made
available to New Hampshire if the legislation had been passed.
This, of course, is far less than what is needed, when viewed
in the light of grant funds needed in the City of Manchester,
to say nothing of Concord and the other major projects, which
will be necessary to establish full control over pollution
in the river.
        Thus, Mr. Chairman, I would suggest in the strongest
terms possible that the most Important contribution this
conference could make is in the area of focusing attention
upon the critical shortage of Federal grant funds and the
necessity for bringing about an immediate solution in this
regard in order that all communities within the basin —
New Hampshire and Massachusetts alike — may proceed forthwith
         \
  n the construction of the required abatement facilities.

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                                                              124
                     James Sweeney






        Any delays in achieving established construction



schedules is regrettable, since we all recognize that this



can only result in higher costs to everyone, inasmuch as the



cost of construction continues to rise markedly from one



year to another.



        I would like to close by pledging our best effort to



complete the secondary treatment program for the watershed



at the earliest feasible time, but the funds to do this must



be forthcoming.



        There is one other brief comment on conservation to



be made regarding compliance with construction schedules.



This is that I most heartily agree with the position stated



by Assistant Secretary for Pollution Control, Max Edwards,



during the appearance before the Water Pollution Control



Federation sessions in Chicago on September  24, 1968.  In



part he had this to say:



          "We believe that the Federal Government must



     help our cities and towns meet their tremendous water



     pollution expenditures.  And we believe that it must



     be done now.  How can we insist that the States adopt



     tough water quality standards and, at the same time,



     fail to commit the necessary Federal dollars?"



        Putting it another way how can the Federal Water

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                                                               125
                   Clarence Metcalf

Pollution Control Administration expect a State to Improve
upon Its compliance schedules, in this Instance the Merrlmack
River, unless there is a parallel and substantial increase in
the amounts of money made available to accomplish the objec-
tive?
        I would like nothing better than to finish the Job
Instantly, but this we know cannot be done.  We must work
together and do the best Job possible within the funds
available to complete the work.
        CHAIRMAN STEIN.  Thank you, Mr. Sweeney.
        Are there any comments or questions?
        (No response.)
        CHAIRMAN STEIN.  Thank you very much for your state-
ment, sir.
        Mr. Healy.
        MR. HEALY.  Next is Clarence Metcalf, please.
        CHAIRMAN STEIN.  I would suggest that all people that
have statements, as a first priority, give their copy of the
statement to the Reporter and then possibly the conferees.

           STATEMENT OF CLARENCE W. METCALF
            DIRECTOR OF MUNICIPAL SERVICES
       NEW HAMPSHIRE WATER SUPPLY AND POLLUCTION
      CONTROL COMMISSION,  CONCORD,  NEW HAMPSHIRE

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                                                               126





                   Clarence Metcalf






        MR. METCALF.  Mr. Chairman, conferees, ladies and



gentlemen, the purpose of my remarks is to indicate in a more



specific way, than has been possible in Vice Chairman Sweeney's



comments, the various approaches which the Commission has



authorized to satisfy the recommendations which Secretary Udall



outlined in his letter of August 16, 1968, to Governor King, in



which he indicated approval, in principal, of the State of



New Hampshire Water Quality Standards.



        You have heard Mr. Sweeney emphasize in considerable



detail the need for realistic Federal appropriations to meet



construction schedules which were submitted for the Merrimack



River and several other interstate waters which flow from



New Hampshire to other States.  Perhaps,there is no other



single individual on the Commission staff who appreciates



the need for adequate appropriations more than myself, since {t'"



in ray position, I have had the unfortunate duty, at times,



of recommending which out of several worthy projects can be



funded because of the Insufficient Federal allocations.



Thus, in order to overcome this handicap and to obtain



Federal approval of our Standards, it was necessary for the



Commission and Governor King to agree to the introduction of



prefinancing legislation In the 1969 session of the General



Court.  This legislation Is now in process in the Office of

-------
                                                             127


                   Clarence Metcalf



Legislative Services and, if enacted, will provide for


advancing the Federal share grant funds for secondary


treatment projects at Nashua, Manchester and Concord.


        To cope with another request for an exception in


the control program, we are asking that the Office of


Legislative Services give consideration to inclusion of


the town  of Plymouth in the secondary treatment, prefinancing


effort.   In considering secondary treatment for this town,


it is necessary to Include the work as part of a prefinancing

                                                             i
program as recent reductions in authorized Federal allocations
                                                             i
of better than 50 percent make it impossible to finance the


project from any other source.  It can be mentioned also at


this point that the Interim Legislative Committee for Water

Pollution Abatement has also been evaluating the desirability


of introducing legislation to establish a broad prefinancing


program for the entire State.


        It has been clear to the members of this Committee,


which has maintained continuing surveillance of the abatement


Program throughout the State, that a full scale prefinancing


system similar to that in effect in the neighboring States, such


as Massachusetts, Maine, Connecticut, New York, etc., has


considerable merit, especially when due recognition is given


to the prpblem of skyrocketing costs.  Most recently construe-

-------
                                                              128


                  Clarence Metcalf



tlon costs have been advancing at a rate approaching 10


percent per year.  The consequence of splraling costs has


Impressed the Committee to the extent that it recently voted


to introduce and support general prefinancing legislation.


This, coupled with the other bill which I mentioned earlier,


will, if successful, help us to accelerate- control measures


to some extent in the tributaries to the Merrimack River.


These are, for the most part, intrastate waters, but never-


theless a balanced abatement program is essential.


        To compensate for the exception which the Secretary


took in regard to temperature criteria, I should like to


indicate that legislation is being developed to meet this


criticism.  It will consist of language supplanting the


present provision that will allow the Commission to follow

         •*%*.'
numerical criteria recommended by the Pish and Game authorities,


the National Technical Advisory Committee or the New England


Interstate Water Pollution Control Commission recommendations,


whichever of these three will provide for the most effective


control.  This arrangement, we feel, will provide for more


flexibility than the suggestion offered by the Secretary.


        Another piece of legislation which will be introduced


to satisfy the conditions of the Secretary's approval is one


calling for the creation of salt water criteria in the New

-------
                                                             129




                  Clarence Metcalf






Hampshire statute.  It is mentioned at this time only to



indicate the Commission intention to conform to the objectives



of the Secretary's letter of approval to Governor King.



        It was also brought out as a recommendation in



Secretary Udall's letter that it would strengthen the program



to establish bacteriological limits for Class C waters. Inas-



much as waters in this category are sometimes used for



secondary contact,recreation, such as fishing, boating or



wading, our approach to the need for exercising some degree



of control over the bacterial quality of Class C waters of



necessity must come through careful and diligent supervision



of disinfection practices of waste treatment plants discharging



to such streams.   This is a much more direct and, in our



Judgment, more significant means for guarding against infec-



tion than is being suggested through the creation of coliform



limits for Class  C waters.  The problem of overflows from



combined sewers is a difficult one in dealing with any attempt



to control limits of bacterial densities in Class C waters.



On the other hand, the results of disinfection of sewage



effluents can be  very carefully controlled and evaluated by



frequent inspection and analysis of the treatment plant



operation^.



        Some concern has also been expressed by the Regional

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                                                              130





                 •Clarence Metcalf






Office in its supplementary report on the Merrimack River




 as regards  the  phenol  level.  At  the present  time we know



 of only  one potential  source  of waste discharge which could



 contain  phenol  material,  and  this arises because of plant



 scale  treatment of wooden timbers and pollution with creosote



 and  associated  oils.   We  know of  no reason why this needs to



 result in contributions of phenol to the river and whatever



 control  measures which might  be necessary to  prevent pollution



 from such an operation will be imposed.



         At  this time I think  it is in order to assure the



 participants at this conference that the New  Hampshire



 Commission  will make every effort to insure full compliance



 with the classification requirements of the Merrimack



 River as it flows through New Hampshire to the Commonwealth




 of Massachusetts.



         Thank you.



         CHAIRMAN STEIN.   Thank you.



         Are there any  questions or comments?



         MR. KLASHMAN.  I  have a couple.



         Mr. Metcalf, on the compliance dates, you know,  in



 the  schedule, what are the dates  that you are talking about



 for  Manchester, Concord and Plymouth?  Do you have a copy



 of this?  (Indicating.)

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                                                             131




                  Clarence  Metcalf






       MR. METCALF.   I  have a copy.




       MR. KLASHMAN.  Mr.  Pahren has given a recommen-




dation  	



       Will you  strike  my  question,  please.   I am sorry.




       Are you going  to take that up?




       MR. HEALY.  Yes,  we will.




       CHAIRMAN  STEIN.   Let us hold  that.




       Off the record.




       (Discussion off  the record.)




       CHAIRMAN  STEIN.   May we go back on  the record,  please.



       MR. KLASHMAN.  There are a couple of more questions




I wished to ask on this  statement.  I will  raise them now,



but you may want  to answer  them later.




       First, the statement was made in talking about  the




temperature criteria that you follow  the numerical criteria



recommended by the Fish  and Game authorities, the National




Technical Advisory Committee or the New England Interstate




Water Pollution Control  Commission, whichever of these




three will provide for the  most effective control.  Do  I




understand correctly that when you say "the most effective




control" you mean the  most  restrictive of these three,




whichever is the  most  restrictive0




       MR. METCALF.   As a  matter of  defining which you

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                                                                132
                Clarence Metcalf

feel is the better type of control, effective or
restrictive.  I feel "effective" is a good word myself.
        MR. HEALY.  What I think he is saying, if I could
add my voice to his, is simply this:  That we expect that
any of these numerical criteria should be supported with
adequate backup information.  This has been lacking up to
this time.
        We are taking the best judgment of the experts and
certainly we should do this.  But there are investigations
now under way to provide us with supporting information so
that we will know which set of numerical data we should
follow.
        Now, we want to draw on what we regard as the
experts- the Fish and Game authorities in our own State,
the Advisory Board at the Federal level and the New England
Interstate - because we must work with the neighboring
States and we want to select of those three sources the
one that will provide us with the optimum control.
        MR. KLASHMAN.  Let me be specific.  The National
Technical Advisory Committee, for example, as I recall, has
a maximum figure for a warm-water fishery of 83 or £6.
        MR. PAHREN:  I believe it is 83.
        MR. KLASHMAN:  They also have a figure where the temperate
 rise cannot be more than five degrees, and that is based on
 the Committee that  the Secretary  set up.

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                                                              133





                Clarence Metcalf






        Let us suppose that New Hampshire Fish and Game



Authority 	  When you say "Fish and Game authorities,"



you mean the Fish and Game of New Hampshire?



        MR. HEALY.  I mean the Fish and Game Department.



        MR. KLASHMAN.  Of New Hampshire?



        MR. HEALY.  Yes.



        MR. KLASHMAN.  What if they came up with a difference



of opinion, say between the national experts, and came up



with,  let's say, #4 degrees and 5-1/2 degrees rather than 5-



Do I understand that you would accept 	  Well, I thought



that what you said was that you would accept the national



figure in that case; or if vice versa, if the New Hampshire



people came up with &2 degrees and the 4 degrees, then you



would accept the New Hampshire one.  That is not true?



        MR. HEALY.  This is just the problem.  I am hopeful



that the experts will get together and develop one common



set of standards, but meanwhile we ought to be able to



take the one that suits us best.  Biologist Terrence Frost



is here.  Do you want to comment?



        MR. FROST.  I do not believe we want to comment



anymore on what we said.-  We want the best standards.  We



could be less restrictive beyond the 5.



        MR. KLASHMAN.  You could be less restrictive?



        MR. FROST.  I cannot say now.

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                                                             134
                Clarence Metcalf






        MR. KLASHMAN.  I will accept that.  As far as you



can see, you cannot see yourself being less restrictive than



the national.  I have nothing further to say.  That is good



enough for me.



        CHAIRMAN STEIN.  Do you have another question?



        MR. KLASHMAN.  I have one other question.



        I notice in the statement you say that you believe



in supervising the disinfection of waste.  In other words,



you have an effluents standard in effect rather than a



stream standard.  But when you talk about disinfecting a



waste, it is my understanding that you are talking about



insisting on a maximum level of 240 coliform per hundred ml in



the effluent.  Is that correct?



        MR. HEALY.  This is in Class B waters.  Yes.



        MR. KLASHMAN.  What about Class C?



        MR. HEALY.  To do a thorough job, it has been our



experience that we will produce that result whether it is



a Class C water of Class B water.



        MR. KLASHMAN.  When you are talking about an effluent



standard, you are talking about 240 per hundred in effluent.



So, therefore, while you do not accept the stream standard



that we are talking about 	 I believe it is 5,000 per one



hundred 	 you are going to put something in the stream that



is way below that.  So I do not see that there is any problem

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                                                              135





                 Clarence Metcalf






here.



        CHAIRMAN STEIN.   Except the stormwater.   I think



we got both of these problems.   We are not going to solve



every  problem in every case.   These are the emerging problems



in pollution.



        I may not be right on both these cases,  but I have



heard  considerable testimony throughout the country on both



these  problems - one being the temperature business on the



fish.   What we are dealing with here is the best expert



opinion we can get.



        The point is, and my experience has always been,



that the fish really do not listen to the experts too much



as to  what is good or not good.  If it is no good, they do



not reproduce.  If it is they will.



        The point Mr. Healy made is well taken - that we



have to base this on experience.  Since we are basing our



notion on where we are going,  in my opinion, we should keep



ourselves flexible and as loose as possible.  We should



make adjustments on that, but  have the facts speak for them-



selves.



        On the next issue we have somewhat the same situation.



Here is the key.  The key is that what we are not here to do



is spend millions and millions of dollars and just put in



industrial or municipal waste  plants at monstrous expense

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                                                             136




                Clarence Metcalf






for pollution although we have to have clean water-   Too



often in the past, in various parts of the country,  all that



has been done is we build a plant and then we forget it.  The



check is to get into this.



        Two ways to work at this is to get in a river standard



or a water quality standard and an effluent standard.  I have



heard people argue for hours on which is the more important



and I think they both are.



        Now, here, as far as I see the situation on that, in



some places where we have checked this maybe the results



have not been too good.  For example, we have spent hundreds



of millions of dollars in the lower  Lake Michigan area.  We



are not through with the program yet.  But, in checking the



waters, we find that the waters are about what they were in



1965 when we started.  Perhaps, this is all we can do now



because they have not gotten worse.  At least, they have



tapered off and when the program finishes they will be set.



        However, what we have to do, once you check these



waters and get out there and find the high coliform or a



high anything else, you do not automatically have the control.



Because of all the waste discharges you have, you do not



know where that is coming from and you have to trace it back.



        For a regulatory agency, I think it has been



demonstrated by most of them that the best control that they

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                                                             137



                Clarence  Metcalf







can have is on the operations of the effluent so that



they know each one is running correctly.



        Now, as I see it by Mr. Metcalf's statement?here



is what we have:  If we are going to have disinfection,



the only kind of control, really - the rigid kind of



control - you can expect a regulatory agency to have,



whether they have a stream standard on the conforms or



not, is controlling and managing the application of the



chlorine, the retention time and the quality that comes



out.



        You are not really going to check that back



through the streams.  If you find a high count, this may



give you a clue that maybe something is wrong and you



are going to have to do that anyway.  But the next point



is that we have the stormwater overflows and there are



times when this count is going to be high.



        Now, the question that we really have to face is



that if the stormwater overflows create  some problems and



they continue to create problems   in  Class C waters —



and this is a significant number of times during the



recreation season or. when people come into contact with



the water — we are Just going to have to, I guess, meet



that and get at it.  Because if you go from a count that is

-------
                                                             138
               Clarence Metcalf

too high, say over the 5,000 limit - again, the human body
does not read these criteria, either- you get sick or you
do not - the point is we are going to have to meet that.
        I would say that from the New Hampshire program,
given what we are doing now and from a regulatory agency
point of view, this view of reducing coliforms or reducing
bugs or pathogens by checking on the operations of the
plants and the application of the chlorine and the retention
time, is probably the most effective way to get at this.
        Recognizing again that with the stormwaters that
we have here we may have a problem in the future where we
cannot guarantee that those waters are going to be below
5»000 all during the summer, but we will have to get at
that.  That is another problem.
        Again coming to the temperature business, it seems
to me, since we are dealing with opinion, that the best
thing that anyone could do now is take the best opinion;
remain flexible; see what the effect on the fish is, if
any; see if the biologists come up with hard, factual
information, proved out, not only in the laboratory but
in the field and if necessary modify it.
        In other words, what I am saying is in various
aspects of the program we will not have the last word here.
I think New Hampshire will be the last one to admit it will

-------
                                                                 139
                   Clarence Metcalf


have the last word.  The reason we do not is that the


art is always developing and we just do not know all the


answers.  What we are doing is setting up a broad program


and in certain areas we are sort of feeling our way toward


solutions.


       Are there any other comments?


       MR. KLASHMAN.  I have one other thing that I wanted


to raise.


       In your statement you indicate, as I read it, that


as the water flows across the State line you are going to


have full compliance with the classification plans of the


Merrimack.  As you know, the Secretary in his letter to the


Governor raised the question.  What we said was:


       "To fully protect public water supply use of


     interstate waters-, criteria should be established to


     prevent radiological and chemical contamination.  Many


     States have found it appropriate to reference the U. S.


     Public Health Service Drinking Water Standards (1962)  in
         •
     this^regard."


       It is my understanding, by your statement,  that you


are going to meet whatever is necessary; that as far as the


chemical and rediological need of the water supplies down-


stream from you are concerned, that if there were  any problems


I don't believe there are now — you would meet the United


States Public Health Service drinking water standards.   I am

-------
                                                             140




                Clarence Metcalf






talking about the raw water standards.




        MR. HEALY.  All I can make here is a general




observation, and it is this:   That New Hampshire is fully




aware of the water supply uses at Lowell and Lawrence,  and




we intend in our operation to do our very best to safeguard,



even though we recognize, too, that these are conflicting



water uses in a sense because we are discharging a Class C



water in that State.  Nevertheless, we will make our very



best effort to take whatever steps have to be taken to



protect the raw water quality in the stream, giving some



recognization to the fact that it is a water supply use.



        There also has to be a dual recognition in the




State of Massachusetts by its local officials and others



in charge of water supply activities that they will apply




whatever treatment measures are necessary in regard to  the



fact that this stream does have a multiplicity of uses.



There is no present standard.



        MR. KLASHMAN.  There is none.  But if one were  tU



develop you would limit it?  That is my question.



        MR. HEALY.  I believe that there is not one now



and it is not germane to the discussion.



        MR. KLASHMAN.  Well, the Secretary raises it in his



letter and that is the reason I bring it up.  There is  no



problem now, as far as I know and you know, and you will

-------
                                                              141



               Clarence  Metcalf






prevent one from developing.



        MR. HEALY.   I will say this:   New Hampshire



recognizes that we  have to operate under the standards



and criteria that the Legislature establishes.   It has



now established a Class C water for the Merrimack River



as it flows into Massachusetts.  There are certain classifi-



cations in that law that relate to classification, and we



intend to meet them.  We intend to move the control program



just as rapidly as  possible,  having in mind, as we must,



the amounts of State and Federal aid that are available to



assign to municipalities to do the necessary job.



        I think that is a very reasonable assurance of what



New Hampshire's intention is, and that is the best I can  do.



        MR. PELOQUIN.  Mr. Chairman,  on that comment on the



criteria, New Hampshire has,  as a signatory State in the



Interstate compact,  pledged  to abide by the standards



developed by the New England  Interstate Water Control



Commission.  These  standards  are being considered.  Whether



or not they are revised will  depend upon the final decision



of the Commission's Advisory  Board.  But this is under act



of consideration at the present time.  I can state that



there is among the  criteria one relating to radiological



standards.  I think it would  be premature to agree to any



      quality criteria at the present time, because we feel

-------
                                                            14?




                Clarence Metcalf






that whatever is adopted should be applicable to the North-



east and will necessarily subscribe to the national protective



criteria.  We feel that it is 	



        MR. KLASHMAN.  You do not take any exceptions to



the United States Public Health Service radiological



drinking standards?



        MR. PELOQUIN.  These are under consideration and we



have been discussing these with the radiological consultant



with the Public Health Service, and we will be discussing



them again on January 13-



        CHAIRMAN STEIN.  I hate to bring this up, but as a



procedural matter, while we all feel ourselves competent



to handle the standards in radiation, I do not think the



conference really has the authority, even if we were to make



a decision.  That is another process.  I believe Mr. Klashman



and Mr. Peloquin have pointed that out.



        I am sure there is going to be no problem, but



just as a fair statement, particularly if we deal, wjyfcfi ^me^,



thing like radiation, either the State or the Interstate



Commission is going to handle that adequately.  Or if there



is a radiation problem in any field, I can assure you I am



going to be right here, and this will not be a choice of



mine because someone is going to tell me to come right up.



        Now, in dealing with problems on radiation because of

-------
                                                            143



                 Clarence Metcalf





its being such a hazard, I know of no case where we have



not come into complete agreement with the State and worked



it out.  This is not the kind of hazard you can fool around



with very long.



        So I would suggest that we just put that in the



back corner, at least for this conference.



        MR. HEALY.  I think that is a very fair comment.



        We have also under consideration legislation which



will allow us to do precisely what Mr. Peloquin has indicated



here - to conform in complete harmony with the New England



Interstate standards, as and when it is nec*«?sary.  But as



of the moment there are no discharges of this sort here and



we see no reason to make a commitment at this time, and it



would be immature.



        CHAIRMAN STEIN.  Thank you.



        Mr. McMahon.



        MR. McMAHON.  Mr. Chairman, I would just like to



say, as far as Massachusetts is concerned, we have been



working together with New Hampshire for a number of years



under the New England Interstate Water Pollution Control



Compact and I am certainly confident New Hampshire will



honor their commitments on interstate waters and we, in



Massachusetts, plan on doing the same thing.  If there are



Problems that do develop such as radiological contamination,

-------
                                                             144




              Honorable Maurice Bouchard





this is something that certainly the two States can work out



together.



        MR.KLASHMAN.  I have nothing further.



        CHAIRMAN STEIN.  May we go on, Mr- Healy?



        MR. HEALY.  Thank you.  Time is escaping us.



        There are a number of local officials and members



of various groups that have spoken to me indicating; they



do wish to make brief statements for the record so their



position will be made known.  I know from my conversations



with these people from time to time that they are all



recognized supporters of the program.  There is no difference



in objective here.  It is a question of timing and financing,



really, that troubles us.



        The city of Nashua has three representatives here.



Nashua has been outstanding in its voluntary efforts to



comply with the control program, and I would ask first that



Representative Maurice Bouchard speak to you.





   STATEMENT OF MAURICE L. BOUCHARD, REPRESENTATIVE,



    GENERAL COURT ALDERMAN, DISTRICT 14 OF NASHUA



                 NASHUA, NEW HAMPSHIRE






        REPRESENTATIVE BOUCHARD.  Thank you, Mr. Healy.



        Mr. Chairman, members of the Committee, ladies and



gentlemen, I am Maurice Bouchard, Representative of the

-------
                                                            145




             Honorable Maurice Bouchard






General Court from District 14 in Nashua, and I am also



a member of the Nashua River Water Pollution Commission



which was created in the 196? legislative session.



        I wish to extend Mayor Sullivan's best wishes for



the success of this conference.  He is very sorry and



regretful that he could not attend here today.



        My statement is of a general nature, not being an



expert in this particular field.  I have worked on the



problem.  I have tried to come to some solutions on it and



I hope you will bear with me.  It is not too lengthy a



comment.



        A few days ago, or a short while ago, my wife and



I were standing on the bank at the Nashua River and at



our feet was an incredible amount of industrial waste,



but looking down at the graceful curve of the river and



the trees along its banks the eye found much that was



pleasing and my thoughts drifted back to a similar scene.



        A few years ago we were visiting some good friends



in Wisconsin and while there we were taken on a boat ride on



the Fox River.  It was lovely, as our Nashua and Merrimack



Rivers.



        However, along the banks of the Fox are located the



Prime residential homes of Neenah and Menash in Appleton,



Wisconsin, with private docks, motor launches and also

-------
                                                             146


             Honorable Maurice Bouchard




much land set aside for the beautiful parks for all to


enjoy.


        I thought of the beauty, the recreational facilities,


the enjoyment, and, as Alderman at large of the city of


Nashua, of the potential revenue that would accrue to the


city if it would realize the-full potential of this river-


front property.


        At one time these rivers of ours teemed with salmon


and other fish.  Within the memory of many of Nashua residents,


we can remember the canoe rentals on the Nashua River, where


many a young man courted the lady of his choice.


        Now residents of the Northwest section of our city


of Nashua, through which flows the Nashua River, complain,


and rightly so, of the permeating stench of pollution.


        It is well known that the industries and municipalities

                                                      • Oy/' 1 i5 .
in the Commonwealth of Massachusetts, which constitutes the


major sources of pollution, are now embarked on a program of


engineering and construction to abate water pollution in


this watershed.  Both Massachusetts and New Hampshire have


classified the main stem of this watershed.  We have both


classified this as Class C waters as it enters and flows


through the State of New Hampshire.  The Commonwealth of


Massachusetts has recently established a prefinancing law,


which will allow an accelerated construction schedule -

-------
                                                              147

             Honorable Maurice Bouchard



despite the current shortage of Federal funds  -  to the

further cost of grants to which the various  municipalities

are normally entitled.

        The Nashua River Pollution Control Commission was

assured by the Massachusetts authorities that  all projects,

industrial and municipal, to abate in the Nashua River

Basin will be in operation not later than the  spring of

1972.  The New Hampshire control in this basin,  which,  for

ail practical purposes, involves only the city of Nashua,

was scheduled for completion in the spring of  1976 and  is

dependent upon the availability of Federal funds to support

the cityfs effort to reduce the pollution flow to the

natural river.  Residents in the basin can take  the position

that municipal, State and Federal Government,  together  with

industry, should work together and cooperate in  providing

the answer of and solution of water pollution  projects  which

has plagued the river for years.   The only barrier is the

lack of adequate financing.

        Statutes now in effect are adequate  to control

pollution and the control agencies of the two  States are

operating effectively.  The Commission does  not  recommend
                                        N
any new or special legislation to control pollution in  the

Nashua River.  It does, however,  strongly urge that the

General Court enact legislation to prefinance  needed pollu-

-------
                                                             148
              Honorable Maurice Bouchard


tion control projects, not only in the Nashua River Basin

but also in other areas of the State where such measures

are required to return the State surface waters to a useful

condition.

        The Commission recognizes the extreme urgency of

prefinancing because of the rapid increase in construction

costs.  Construction costs are now increasing at a rate

approaching 10 percent a year.  Thus, any delay in construc-

tion of needed facilities will certainly result in higher

costs to Federal, State and local governments.  Since the

cost of pollution control facilities is obviously going to

require substantial financial investment by the State and

its municipalities, it seems only logical that very serious

consideration be given to any means of combating the problem

of escalating construction costs.  Prefinancing is a reason-

able answer to this dilemma, and the members of Nashua

Water Pollution Control Commission strongly recommend that

it receive careful consideration and support from the 1969

New Hampshire General Court.

        CHAIRMAN STEIN.  Thank you.

        Are there any comments or questions?

        (No response.)

        i"IR. BOUCHARD.  Thank you for your consideration,

Mr. Healy.

-------
                                                             149





                  Bertrand Bouchard








       STATEMENT OF BERTRAND BOUCHARD,  ALDERMAN



                    CITY OF NASHUA



   CHAIRMAN,  NASHUA RIVER WATER POLLUTION COMMITTEE



                 NASHUA,  NEW HAMPSHIRE






        MR.  HEALY.  Alderman Bertrand Bouchard.



        ALDERMAN BOUCHARD.  Thank you,  Mr.  Healy and



Chairman and ladies and gentlemen?



        My name is Bertrand Bouchard.   I am appearing here



as Chairman of the Nashua River Water Pollution Control



Commission and as Alderman of the city  of Nashua and also,



if I may,  as a citizen of the State,  member of the Audubon



Society, family man, etc.  In other words,  as  a person



interested in conservation, not simply  as an expression



but as a pragmatic idea - something we  have to put through



because we need it.



        Now,  just taking one second if  I may because I am



not a pro  at this — I do not have any objective data to



refer to —  I, too, would like to point out why this problem



is so important to me.   If I may just for one  second



personalize  here, I became interested many years ago in



water pollution because I take for granted by  now a lot of



the pollution, for example, going on  the Merrimack River



    going  through Nashua, because all my life  I can remember

-------
                                                             150


                  Bertrand Bouchard


being told you should never go and bathe in the Merrimack

River because it was so dirty, and I am 40 years old.   So

this has been going on for sometime.

        However, as I say, a few years ago, I read the

Thoreau on boating in the Concord and Merrimack River,

and I read about the beautiful Merrimack River and about

his going through Nashua.  I was really stunned by this,

because it seemed unbelievable that someone on his own

would go down the Concord and Merrimack Rivers and say it

is beautiful.  You know, it is something that you just cannot

conceive of today.

        So I think we have got to do something for preser-

vation and conservation of our resources and of our natural

beauty, and it is not easy.  Therefore, I would like to urge

increased Federal participation.  That is to say, 1) the
                                                   W--=   •- .
Federal Government meeting its financial schedule of the

needed funding and 2) as pointed out by Alderman at large

Bouchard, the preceding speaker — we are both Bouchards

by the way — I would like to point out that I, too, share

100 percent his view for the need for State participation

through an adequate prefinancing program.

        Thank you.

        CHAIRMAN STEIN.  Thank you, Mr. Bouchard.  I do

not believe the statement that you are not a pro.  Your

-------
                                                              151


                    Donald Ethier


sentiments about pollution control is just what it is all

about.

        MR. HEALY.  Alderman Donald Ethier, also from

Nashua.


       STATEMENT OF DONALD L. ETHIER, ALDERMAN,

                 DISTRICT 1 OF NASHUA,

                 NASHUA,  NEW HAMPSHIRE


        ALDERMAN ETHIER.   My name is Donald Ethier, Alderman

in the city of Nashua and the Ward 1 District,  which is

basically to the far right of the yellow block  all the way

to the Massachusetts line.

        Now, I live in that district which smells.  As you

come along the New Hampshire highway, the Route 3 bypass,

you know you are in my area when you go by a shopping center
      9fi*
and you drive over the Nashua River because it  stinks; it

is slimy and it is terrible.  I am frank.  That is the truth.

I wish I could push it away and say, "Please, problem go

away," but it is not going to go away very easily.

        We are faced in Nashua with a very serious problem,

and it is one in which I ask the General Court, the Legisla-

tures, the Secretary of the Interior and this Committefe to

strongly urge that Federal funds be given to the State


-------
                                                              152




                     Donald Ethler






        I look at it from the Nashua point of view, and



that is that our population has exploded from the I960



census to what we project in 1970 wherein our population



will increase approximately 30 percent.  With this we have



experienced the problems of a 121-room school addition



every year, plus the additional classrooms for the other



schools, because in the outlying areas we are having  a



tremendous growth; namely, in the Northwest part of the



city and the Soutwest part of the city.



        Now, we have a budget of $11 million a year.  We



are anticipating an outlay of approximately $25 million in



securing a loan in the next five years.



        Now, with this we have our budgeted or anticipated



sewage treatment plant and the entire project is going



to cost us between $16 million and $20 million.



        Gentlemen, the dollars have got to come from some-



where.  In all honesty, I don't know where they are going



to come from.



        Now, unless we get additional Federal aid and State



aid through maybe a prefinancing program, I do not know how



these projects are going to materialize.



        Coupled with all of these, we have additional streets,



firemen and policemen and these are services that are expen-

-------
                                                              153
                     Donald Ethler


give.   Along with the new schools we have the teachers

that you have to pay and we are all experiencing the

fact that teachers are looking for additional salaries.

        Therefore, I ask all of you people who can do

your little effort to exert that effort and see that both

the State and additional Federal funds are made available

to the city of Nashua.

        You people, wherever you come from, I am sure you

are here because you are sincerely interested and not because

you are looking for something to pass the time.  It is a

serious problem and it is one that merits a lot of consider-

ation.  We are doing this not only for ourselves, but,

hopefully, so that our children can benefit from this.

        Therefore, I ask and humbly urge that everyone who

can do their little effort do so, so that we can seek a

good useful end to this entire program.

        Thank you

        CHAIRMAN STEIN.  Thank you very much.

        Are there any comments or questions?

        (No response.)
                                       •*
        CHAIRMAN STEIN.  I would like to make a comment to

all three.  Someone has been following this rather closely

and found out that what we were doing through the years as

-------
                     Donald Ethier






 compared to the attitude now,  the contrast is tremendous.




 Let's take, for example, the participation we had in the first



 Federal conference on the Androscogan.   As I have pointed that



 out,  the contrast is great,  and whatever the differences we



 may have had between State and Federal  authorities in the early



 cases have been the participation of municipal officials who



 have increasingly become aware of the problem,  come to grips



 with it and given it some thought.   This,  in my opinion,  is



 really what has made the difference.



        However, I would like to call your attention to



one fact that I see coming through here.  You have heard



this again and again.  As we keep talking, construction



costs keep rising inexorably.  I remember we had a conference



in a rather large city In Indiana and they were battling



the State order.  By the time they got through building



the plant, It cost them double the original estimate of



the contract.  I am not deprecating anything about State or



Federal funds.  Here Is the situation as I see it:  Everyone



in the cities and the industries should realistically look



at what Is happening and determine when It might be best to



go forward.  Too many times I have heard that we have to



have Federal financing; we have to have State financing; we



have to have State prefinancing.  That all may be fine and

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                                                              155




                   Donald Calderwood






I cannot argue with it.   But if you are going to wait and




keep shaking that tree until that public money comes down,



in the long run,  it may cost you Just as much fighting the



rising-costs operation.   Meanwhile you have lived your




lifetime with the State, as you said.



        When you talk about the long run, I think The Lord



or Cain said, 'In the long run, we are all dead."  In the



short run,  however, we all must recognize the kind of



resources we have available and can reasonably expect, try



to set up a realistic time schedule and requirements and



get on with the programs, so that we can all do a little



better Job.



        Are there any other questions or comments, Mr.



Healy?



        MR. HEALY.   Before we go to Mayor Mongan of



Manchester, there is one other gentleman here from Nashua



that we want to hear from briefly.  He happens to be a



Commissioner of mine.   He has been on the Commission



'ince its inception in 19^7* and that is Donald Calderwood



 from the Pennichuck Water Works of Nashua.





      STATEMENT OP DONALD C. CALDERWOOD, MEMBER



   NEW HAMPSHIRE WATER SUPPLY AND POLLUTION CONTROL




           COMMISSION, NASHUA, NEW HAMPSHIRE

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                                                             156




                   Donald Calderwood






        MR. CALDERWOOD.  Mr Chairman, conferees, ladies



and gentlemen, I believe that there is probably no one in



this room that appreciates clean water and wants it anymore



than I do.  My main Job is to provide water for the city of



Nashua and its approximately 50,000 residents, and we are



also being asked at the present time, in fact they are



knocking on our door, for about three and a half million



gallons a day for an adjoining town.  So with the problems



that go with such an operation, I think you realize that I



do know what clean water means.



        To substantiate Mr. Bouchard's statement regarding



the tremendous growth in Nashua, the company I work for has



been in business for 116 years.  During those years they



have spent a lot of money developing sources of supply,



building dams, distribution systems and reservoirs, etc.



But when you realize that within the last five years alone



that they have doubled their net in-plant investment or



had to double it to meet the demands, it shows you the



tremendous growth in the Nashua area alone.



        Now, the next statement that I am going to make



probably will make me about as popular as a skunk at a



lawn party, but that is that I feel that rather than the



State going to prefinancing, the Federal Government should

-------
                                                                157




                   Donald Calderwood






meet Its obligations and come through with their portion



of the grant.



        Now, this money that we get from the Federal



Government is not made by the wave of some magic wand.  It



is your money and mine that goes to Washington, and they



send it back and let us use it.



        I believe that if the State of New Hampshire is



willing — and they have proved that they are willing and



able to do their proportionate part of funding these projects;



the various communities are proving that they ar<=* willing,



able and want to do their proportionate part in getting



this cleaned up-I think it is only fair that the Federal



Government should take their part and "ome through with



their Federal grants and funds as needed to meet the demand.



        It is quite possible that by a change in the



formulas or in some other way that these areas that are older



sections of the country and have these larger amounts



proportionately rather than population formula tnat is now



used could be changed in some way so that we could get a



greater portion for this particular area.



        Thank you.



        CHAIRMAN STEIN.   Thank you, Mr.  Calderwood.



        I would like to take the opportunity to charade or

-------
                                                              158





                   Donald Calderwood






those comments.  I do not mean to pick on you, but I



think we should at least make one statement for the record.



        There has been a lot of talk from various partici-



pants about Federal obligation.  I think most of you know



that there is a Federal appropriation and an authorization.



The fact that something is authorized does not mean it is



appropriated.



        I do not think that the Congressional members, or



more particularly the members of the Appropriations Committee



would consider or be in complete agreement with that word



"obligation."  This is not a contractural obligation.  When



you have a contractural obligation, in effect, you have a



hunting license and you go out for it.  If this were an



obligation and we had an appropriation in the Federal Govern-



ment for all the funds that were authorized it would probably



shake your teeth, and I am not sure how happy you would be in



New Hampshire or anywhere else.



        So we have to recognize these limitations that we



have in the Congress as well as anyone else.



        MR. CALDERWOOD.  If I used the wrong word, I



apologize.



        CHAIRMAN STEIN.  No.  No.



        Let me make another point and I will make this clearly*

-------
                                                             159




                   Donald Calderwood






There is legislation coming up.  As you know, it did not



pass in the last Session.  Maybe you want to do a lot of



thinking on this, because we are limited in the Federal



funds in the way we can distribute the money according to



formulas specifically set out in the Federal formula.



        Someone like me who has been observing the grants



field for,  oh, practically a whole career, I would not say



that the Congress accepted the formulas which were Recommended.



You know when you recommend legislation every bright young



boy thinks  he can put out better legislation than anyone



else.  But  there is a tendency, unless you get this formula



tempered by, l) population, 2) it seems to me financial need



and 3) the  extent of the problem - and these things have to



be multiplied by each other.and not Just added on - you are



going to get areas where you have sort of inequitable distri-



bution.  I  don't want to get into the complicated grants



field.



        Now, there are many areas in this country that they,



obviously,  cannot use their grant funds — they have too much



allocation  — because either they don't have the problem or



they have met it and maybe it is outside the continental



Umits, etc.



        Now, this might be an idea: if what you people are

-------
                                                               160




                 Honorable John Mongan






saying about the kind of cut that you expect Vermont to get —



        MR. CALDERWOOD.  New Hampshire, please.



        CHAIRMAN STEIN.  New Hampshire.  I am sorry.  I



understand the thing, the statement that your sister State



may be getting too large a share of the pie compared to



you, that is why that stayed in my mind.  But I think if



you are going to do that, you should pay very careful atten-



tion to the formula.



        Now, I have one more tip on it on the basis of experience,



When any formula is reached, what you should do is have some-



one run it through the list of States and see what your cut



is going to be before you go along, because they can get very



complicated.  I do think you have a point on that.  Thank you.




        MR. HEALY.  Mayor John Mongan, Manchester.





           STATEMENT OP JOHN C. MONGAN, MAYOR



              MANCHESTER, NEW HAMPSHIRE





        MAYOR MONGAN.  We are the third layer of government



Involved here.  The regulations are made by the other two



layers of government, and the position of the city of Man-



chester is quite simple:  We will do what is expected of us



with the money available.



        Now, there is no great incentive for Manchester to

-------
                                                              161




                 Honor Jab le John Mongan






invest its money in the Merrimack River.  The area north



of the dam is the only recreational area, and it is very



interesting to read in the report that that is already safe



for body contact and sports such as swimming and water skiiing.



The river below the dam is downhill and it is quite rocky.



Whether the river is clean or dirty does not make much



difference, because you are never going to go boating in



that river anyhow.  So it Just goes back to that it is for



the benefit of those downstream.



        We wish to proceed with the engineering for our own



reasons.  That the engineering involving the Merrimack Mill



Yard where we will have our retention basins, we want to



know exactly where those retention basins will go and what



size they will be.  So Manchester is eager to proceed with



the engineering.



        In that regard, we offer to refinance the total



engineering costs and found out from our Bond Council that



we could not finance it by bond financing.  The other thing



was that Manchester had, in fact, bond financed engineering



and so had the town of Lincoln, and we are going to look



into that further to'dee what means they were able to do this.



        In the meantime, we got down to contract negotiations



°? the engineering and it has become an impasse between the

-------
                                                              162
                 Honorable John Mongan

State and the engineering firm.  The city of Manchester is
somewhat of a bystander here in that we feel that the State
being one of the signers to the contract should do the negotia-
ting, and with this impasse I would favor at this time that
the Federal Government or some other agency step in at the
request of both parties, I would hope, to help with the
negotiations.  Then we will be able to get back to our problem
of prefinancing.  I would hope that by the time that we get
to the problem of prefinancing the bill is already introduced
into the Legislature and that, perhaps, the State will pick
up the prefinancing and relieve us of the problem of about
whether we can legally or not bond the engineering.
        Actually, the question of prefinancing the engineering
I do not think holds up in particular the schedule, as out-
lined here, when it comes to the construction.  The time
for construction is still quite a ways away, and I would
hope by that time that the Vietnam war is over and that the
Federal funds come through on schedule.
        Just one comment that I thought was quite interesting.
Mr. Urie made the statement — I do not know if it is
accurate or not — that the State would raise its share from
40 percent to 50 percent.  The way we have it figured now,
we get 40 percent from the State and all the other benefits

-------
                                                              163





                 Honorable John Mongan






oeing in the regional plan and the Federal share being



55 percent, with Mr.  Uries additional 10 percent we will



be making 5 percent.   We are all for it.



        CHAIRMAN STEIN.   Are there any comments or



questions?



        (No response.)



        CHAIRMAN STEIN.   You know, there is a favorite



Washington story about three fellows who went to lunch



and one fellow said,  "You know, you better let me pick



up that check.  I am in the 50 percent bracket."  Another



guy reached over and said, "Oh, don't you pick it up."



He said, "You know,  I am in the 90 percent bracket.  It



will just cost me a  dime on the dollar to pay this."



The third guy said,  "Both of you fellows stop that.  I



have a Cost Plus contract with the Government and I



will make six percent."



        (Laughter.)



        CHAIRMAN STEIN.   Thank you.



        MR. HEALY.   The next man is a well known con-



servationist in the  State of New Hampshire,  John Dodge,



who was so helpful in the last session of the Legislature



in the advance of water pollution control.    John.

-------
                                                              164





                       John Dodge





       STATEMENT OF JOHN E. DODGE,  COORDINATOR,



       NEW HAMPSHIRE COMMITTEE FOR BETTER WATER,



               CONCORD, NEW HAMPSHIRE





        MR. DODGE.  Mr. Chairman, conferees,  ladies and



gentlemen, some of the remarks which I have prepared here



have been answered by Mr- Stein already, but I will still



read the prepared statement.



        My name is John E. Dodge and I am a coordinator for



the New Hampshire Committee for Better Water.  We are a



committee of the New Hampshire Natural Resources  Council



and includes more than a dozen State-wide organizations,



a large number of local organizations such as conservation



commissions and planning boards and many others,  and more



than 350 individuals.  Actually, this amounts to  reaching



many thousands of people of the nature of these State-wide



organizations with whom we correspond.



        We attempt to serve as a two-way channel  of communica-



tion between our members, on the one hand, and the Legislature,



the Congress and appropriate departments of State and Federal



Government on tne other.



        The Committee for Better Water has consistently



supported and continues to support the standards  for water



quality and program for pollution abatement recommended by

-------
                                                             165
                      John Dodge






our Water Supply and Pollution Control Commission, and



enacted by our Legislature in the last session as Senate



Bill No. 83.  We have gone along with the commitments made



by this Commission and by the State's administration to



seek specific additional legislation in the 1969 session to



further tighten and advance the control program on the



Merrimack watershed.  Our Steering Committee has agreed to



support the principle of State prefinancing for secondary



treatment plants where these will be required.



        As I have said, we try to listen to both sides and



to be realistic in our recommendations.  We feel that any



attempt to go faster than the program of abatement endorsed



by out Commission would bommerang, unless and until there



is a substantial increase in Federal funding.



        We believe that it should not only live up to the



commitments originally endorsed by the Congress, but it



should give New Hampshire parity with her sister State,



Vermont, in terms of Federal dollars provided for the work



each has to do to accomplish her approved program.



        Our Legislature has a fine record of supporting an



orderly series of steps toward pollution abatement, but



there are limits beyond which it cannot be expected to go



this year.  To attempt to exceed these might well result in

-------
                                                              166




                      John Dodge






no increase at all in the coming session.



        Thank you very much.



        CHAIRMAN STEIN.  Are  there any comments or questions?



        (No response.)



        CHAIRMAN STEIN.  If not, thank you very much.



        MR. HEALY  Before we  go to the next person who



wants to speak, I merely want to identify my most recent



Commissioner, Mr. Richard Buck of Hancock and who has  now



been appointed to the Commission within the last few days



to represent the vacation home or private recreation sector



of our economy.  Mr. Buck also is identified with conserva-



tion activities.  He is well informed in the field. He is



associated with Trout Unlimited and a number of other  worthy



enterprises, and we are very fortunate, we believe, to have



him with us.



        Will you simply stand up so they can see you.



        (Commissioner Buck arose.)



        MR. HEALY.  The next individual I would like to



ask to come forward is Vice President and Chief Engineer



of the Public Service Company of New Hampshire, Eliot



Priest.  His firm has been doing, as he will expand and



tell us in greater detail, a great deal of work in the



field of thermal pollution activities.

-------
                                                                  167
                      Eliot  Priest

      STATEMENT  OP  ELIOT  PRIEST, VICE  PRESIDENT
                  AND CHIEF ENGINEER
         PUBLIC SERVICE COMPANY  OF  NEW  HAMPSHIRE
               MANCHESTER,  NEW  HAMPSHIRE

         MR.  PRIEST:   Thank  you.
         Mr.  Chairman,  members of the Conference,  ladies and
gentlemen, my name  is  Eliot Priest  and I  am  Vice  President
of Public Service Company of New Hampshire.   I  am responsible
for the  Company's Engineering projects, both from a standpoint
of planning  and  of  construction.   I appear before you
today because natural  resources such as the  Merrimack
River are an integral  part  of a utility's engineering
projects.
       Before  speaking with you about  the river,  however,
I  believe this  agency should know a little about Public
Service.   Basically, the Company generates,  transmits
and distributes electric power for  nearly  200 New  Hampshire
communities.  In  addition, we provide electricity  at
wholesale for resale to several  other electric companies
and agencies  in New  Hampshire.   In  total,  we  furnish
electric  power to more than  200,000 homes  and businesses,
°r about  90 percent  of the Granite  State.  Obviously, we
have tremendous responsibility to those dependent  upon us

-------
                                                             168



                     Eliot Priest






for their electricity and we make every effort to  provide



them with the best possible service.



        It follows, then, that Public Service has  a vital



interest in the subject of this public hearing, not only



because the Company has thermal and hydro generating plants



on the Merrimack River, but also because the Company believes



that an orderly abatement of misuse of the river is in the



best interest of the public.  Only when this has been



accomplished can the river serve the majority of the citizens



of New Hampshire.  We further believe that only with the



cooperation of all users of the river will its value as a



natural resource to meet the needs of modern society be



maintained.  By this we mean that all uses of this natural



water resource must be evaluated in terms of the total needs



of the State citizens and industries.



        The river serves many purposes.  For Public Service



it provides electric energy to meet the ever-increasing



demand for electric power in New Hampshire.  The Company has



three hydro plants along the Merrimack located at  Garvins



Falls near Concord, Hooksett and Amoskeag Falls in Manchester.



It also provides a source of cooling water for the stream



condensers for two thermal generating units at the Merrimack



Station in Bow, and one in Manchester.

-------
                                                             169




                     Eliot Priest







        The basic point of discussion that we wish to bring



before this hearing has to do with the release of heat to



the river as a result of passing cooling water through the



thermal plants known as Merrimack I and Merrimack II in Bow.



        The first unit at this station was constructed in



the period 1957 through I960 and placed in service in late



I960.  Its rating of 120,000 kilowatts requires that approxi-



mately 59»000 gallons of water per minute pass through the



condenser with a temperature rise through the condenser of



20 degrees to 25 degrees Fahrenheit.  In 1964 it was decided



to erect a 350,000 kilowatt unit at this site known as



MK-II which, when operating at full load, would pass about



140,000 gallons per minute through the condenser with a



similar temperature rise.



        In discussions held with the New Hampshire Water



Pollution Commission and the New Hampshire Fish and Game



Department in 1965, it was pointed out by them that an



adverse effect might take place by releasing this heated



water to the river.  After several conferences, it was



decided that neither the New Hampshire Water Pollution



Commission nor the New Hampshire Fish and Game Department



had sufficient data to know whether the release of the



heat to the river would be detrimental.  As a result, it

-------
                                                             170
                     Eliot Priest





was decided to undertake a joint study of the river ecology



by the two State groups and Public Service.   Public Service



retained the Institute for Research and Services at St.



Anselm's College to assist in making the study and for inter-



pretation of its results.



        The plans were formulated so that actual field data



would be gathered during the summer and fall of 1967 using



the heat as released by MK-I, which had been operating since



I960 without any apparent adverse effect on the river, as a



natural laboratory.  It was agreed that all data collected



would be made available for review and interpretation by



all participants.  The New Hampshire Fish and Game Deparment



assigned a biologist to the job on a full-time basis during



the months the study was in progress.  They also provided



the necessary boats and other miscellaneous equipment



required for taking an in-depth population and specie study



of the fish in the river-  Public Service provided all



other manpower, which included five summer students, a



supervisor and staff of the Institute for Research and



Services assigned to the project.  In addition, Public



Service supplied nets for catching fish, and metering and



sensing equipment for measuring temperature, dissolved



oxygen and many other organic and chemical parameters.

-------
                     Eliot Priest



        A repeat of the study of 196? was made during 1963


inasmuch as MK-II,  the second unit,  was placed in service


in May of this year.


        To provide  continuous monitoring, Geodyne digitizing


equipment was installed to provide temperature and dissolved


oxygen readings on  a 24-hour basis.   Readings were recorded


every 30 minutes at a station located above the intake to


the plant, one at the point of discharge into the river and


another two to three miles downstream.  Supplementing this


data, spot readings were taken to completely profile the


river.  Complete chemical and biological samples were taken


each of the two years to determine the complete ecology of


the river.

                                                        ?i
        The total investment for both labor and materials


to date by Public Service is $92,900.  In addition, several


thousands of dollars have been expended by the State, making


a total cost of the project to date  at least $100,000.


        To explain  in detail the vast coverage of the study


would take too much time; however, several points can be


'Hade at this hearing that are extremely important and


should be considered:.


    1.  This study  is the most comprehensive study ever


        performed on the Merrimack River, and no definite

-------
                                                         172




                Eliot Priest





     conclusions by the Interstate,  Federal,  or State



     Commissions should be drawn without careful review



     of this data.



2.   The study covers many aspects of the river other



     than thermal,  and these are of extreme importance.



3.   The study can be of significant use in evaluating



     other rivers having similar characteristics.



4.   The data collected has not been fully analyzed



     and no conclusions as to the effects of heat



     release upon a river should be drawn without full



     analysis of this large amount of data.



5.   For study purposes, the river had an excellent



     flow pattern during 196S.  Both high and low flows



     were experienced as well as very high, ambient



     temperatures.   It might be added that the river in



     its natural state had temperatures as high as #3



     degrees to #4 degrees Fahrenheit thereby clearly



     establishing it as a warm-water fishery.  This" was:



     fully supported by the fish catch conducted by the



     New Hampshire Fish and Game Department.  Over 15,000



     fish were caught and tabulated over the past two



     years, and the species caught clearly established



     the river as a warm-water fishery.

-------
                                                             173





                     Eliot Priest





     6.    It becomes rather apparent  that  arbitrary standards



          can severely penalize users of the  river.  Much



          has been written about allowable temperature  rises



          and mixing zones. This study can demonstrate  that



          there is no such thing as a mixing  zone  in a  free



          flowing river unless mixing is forced  in some



          manner.  This one point is  of sufficient significance



          to indicate that careful consideration must be given



          to all data collected before valid  basic conclusions



          can be drawn.



        Public Service Company of New Hampshire, as stated



earlier, is interested in and committed to the proper



development of the State natural resources.  However, the



Company believes strongly in basing controls  and criteria on



facts, as demonstrated by the Companyfs willingness to



expend large sums of money to obtain  the facts.  It stands



prepared to spend additional funds to reduce  the effect of



heat upon the river if, after careful study,  it  can be



determined that such discharge does cause  a change in the



river to the degree that it prevents  other desirable uses



of the river.  It agrees with the New Hampshire  agencies



responsible for the riverfs control that if the  Merrimack



by some means can support Atlantic salmon, shad, or cold

-------
                                                               174
                     Eliot Priest





water trout, it will take whatever steps are required to



reduce the effect of the heat released to the river so



that these uses can go forward.



        In essence, we request that final conclusions



pertaining to thermal releases be held up pending the



full review of the vast amount of data collected.  We



specifically wish to reserve the right to file a copy of



our Findings with your agency to be incorporated as part



of this statement.  We believe this work can be completed



within six months.



        Thank you very much.



        CHAIRMAN STEIN.  Thank you, Mr. Priest.  You know,



I knew that would come up sooner or later.  I knew this



question would come up sooner or later.  I guess what



Mr. Priest is proposing is that we put monitors on the



Merrimack before we come up with ironclad requirements.



        (the above-mentioned Findings, to be furnished



for the record, will be marked Exhibit 2 and be on file



at the Northeast Regional Office and FWPCA Office,



Washington, B.C.)



        Any questions or comments?



        MR. KLASHMAN.  Mr. Priest, what was the temperature



that you said - the temperature rise?

-------
                                                              175
                     John Henchey



        MR.  PRIEST.   We actually said that  the actual

ambient temperature,  meaning the natural state of the

river,  was as high as S3 or 64 at the highest  point.

        MR.  KLASHMAN.  Going through the condensers?

        MR.  PRIEST.   Twenty to 23 degrees rise in the

condensers.

        CHAIRMAN STEIN.  Any other comments or questions?

        (No response.)

        CHAIRMAN STEIN.  Thank you very much.

        MR.  HEALY. We are approaching the  end of the

New Hampshire people  that wish to make a statement.   There

are just two more.

        The first one is Mr. John Henchey,  the City

Manager for Concord.



      STATEMENT OF JOHN E. HENCHEY,  CITY MANAGER,

                CONCORD, NEW HAMPSHIRE



        MR.  HENCHEY.   Mr. Chairman and members of the

Conference,  this statement is quite brief and  I think it

does clearly state our feeling in regard to the water

pollution and the abatement of pollution in the Merrimack
                     *
River and in Concord.

        The city of Concord is, and has for some time, been

      aware and concerned about the pollution  of the

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                                                              176
                    John Henchey





Merrimack River.  Presently Concord expects to sign



an agreement with the town  of Boscawen which would encompass



planning and eventual construction of a $3 million



sewage treatment facility in the Penacook area of Concord.



In fact, the city of Concord has already entered into an



agreement with its consultants for the plans and specifica-



tions of'this plant pending the signing of an agreement



between the two communities.



        With the availability of State and Federal funds



Concord and Boscawen are prepared to move forward immediately



with this project.  Once this Concord-Boscawen treatment



facility has been funded to the extent that the State and



Federal programs now provide, Concord would be in a position



and would be willing to have the plans and specifications



for the $£ million main Concord sewage treatment



facility drawn up and submitted for approval to the necessary



agencies.with the completion and approval of these plans and



specifications, Concord will be prepared to enter into the



construction phase of this second and final project when



State and Federal funds are made available.



        At the risk of being repetitious, I would like to



reiterate that implementation of the $11 million sewage



abatement program depends on the availability of State and

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                                                             177





                 Mrs.  Selwyn Taylor






Federal funds.



        In addition to  this, I  would  like  to  say two  things:



        First,  I think  Concord  is  fully  aware of the  fact



that primary treatment  is  most  essential and  would like



to have secondary treatment set off until  such time as



primary treatment was completed on most  of its streams.



        Secondly, I have already projected this cost  to



$11 million when completed, and had we been in position to



construct  these facilities a year  or  two ago  the cost would



have only  been  .$£ million.



        Thank you.



        MR. KLASHMAN.   $11 million is now  for secondary



treatment?



        MR. HENCHEY. It would  be  proposed for both forms



of treatment, yes.   I could stand  to  be  corrected.



        MR. KLASHMAN.   I think  that is correct. Thank  you.



        MR. HEALY.   The last speaker  that  I am aware  of is



Mrs. Selwyn Taylor  of Nashua who speaks  for the League  of



Women Voters and who has also been, in previous legislative



sessions,  very  much interested  in  pollution control.





      STATEMENT OF  MRS. SELWYN  TAYLOR, CHAIRMAN,
             *                    .
              *                 . ™
             *

             WATER RESOURCES COMMITTEE,



       LEAGUE OF WOMEN  VOTERS OF NEW  HAMPSHIRE,



                 NASHUA, NEW HAMPSHIRE

-------
                                                           178






                  Mrs.  Selwyn Taylor





        MRS. TAYLOR.  Mr. Chairman,  members of the United



States Department of the Interior, the New England Interstate



Water Pollution Control Commission,  the Massachusetts



Department of Natural Resources and  the New Hampshire Water



Supply and Pollution Control Commission, I am Mrs. Selwyn



Taylor, Chairman of the Water Resources Committee of the



League of Women Voters of New Hampshire.



        We wish to thank Mr.Healy for the invitation to  be



here today to express some of our views on the pollution



abatement program  for the Nashua and the Merrimack Rivers.



        For some time now, the League of Women Voters of



New Hampshire has been concerned about the condition of  the



Merrimack and Nashua Rivers.  We believe it is evident from



the testimony at the hearings on the subject of pollution



in our State that the people of New Hampshire want to be



able to use the waters in these rivers for various recreational



pursuits.



        For the most part, the League feels that water



quality standards as proposed by the New Hampshire Water



Supply and Pollution Control Commission and approved by  the



1967 New Hampshire Legislature show consideration of the



expressed desires of those people who are concerned with



obtaining the highest quality water to allow maximum use of

-------
                                                               179





                  Mrs.  Selwyn Taylor






the rivers.   There are  a few areas where the League would



have liked to see higher standards set.   However,  we feel



that for the present the goals are realistically attainable.



We shall hope to have an opportunity In the  future to work



toward further improvement  in these areas.



        Nashua, for instance, has indicated that they



would like to create a  recreation area along part, of the



Nashua River and would  like to be able to permit swimming



in this area at some future date.  We  understand that this



will require higher quality standards  of water in the Nashua



River from Massachusetts and also possibly  further treatment



than planned at Nashua.   We believe that in order to attain



the standards presently set for the Merrimack River it is



imperative that there be secondary treatment in the larger



communities.   We feel that  planning of secondary treatment



facilities,  and construction wherever  feasible,  should be



done simultaneously with the work on the primary facilities.



This should  be more economical in planning  costs and, with



the rising costs of construction, there should be considerable



savings over the long term  by completing the task as quickly



as possible.



        Financing,  it seems, is the biggest factor looming



behind the reluctance of some of the New Hampshire communities

-------
                                                               180
                   Mrs. Selwyn Taylor






  to proceed as quickly as they should toward adequate




waste treatment.  It is extremely unfortunate that Just



at the time when New Hampshire communities were ready to



proceed with pollution abatement Federal funds for the



purpose were so very limited.  It is also unfortunate



that the demands for services — for example, funds — in



most areas at the State level seem to far exceed antici-




pated revenues.  However, we think that the 19&9 New



Hampshire Legislature, when faced with the reality of



the situation as regards the needs for pollution abatement



funds, will certainly approve prefinancing at the State



level to allow New Hampshire to proceed more quickly



toward completion of its abatement program.  We believe



that the funds to do the Job can oe found.  They have been




found in other states.



         The Pollution Con^-nol Commission in our State has



accomplished much, hampered by two major obstacles: the



lack of both State and Federal funds and also the slowness



of many communities in getting on with the task.



         The State contribution is 40 percent towards construc-



tion costs of approved municipal waste treatment plants.  We



feel this is very generous.



         Coupled with the Federal share of 40 to 50 percent,

-------
                                                                 181





                   Mrs. Selwyn Taylor






the burden on the communities is considerably less than in



many other States.  But the actual amounts appropriated at




the Federal and State level are not sufficient to enable



all communities to proceed with construction.  Thus^there



has been no great pressure on the communities to move quickly.



Our Pollution Control Commission is also hampered by the lack



of State funds for adequate personnel to do the State share




of the task.  The communities, too, seem reluctant to commit



themselves to a large expenditure of money.



         The solution to these problems has been to spread



construction and costs over several years as  funds can be



expected to be available.  The League feels that the urgency




of the problem requires a more rapid solution.



         New Hampshire has been faced with the problems of



pollution as long as other States.  It is embarrassing that



ourt plans to alleviate the problems lag so far behind.



         With a prefinancing plan to provide the Federal



share of funds to the community until such time as Federal



funds are available for reimbursement, which we surely hope



is soon, and with adequate funds appropriated now for the




State share of the costs, we think New Hampshire could expect
       •


     cooperation from the communities towards real progress




   an early date.  Communities with serious financial problems

-------
                                                               182





                   Mrs. Selwyn Taylor






could request further assistance from their Industries to



ease the burden.  They should certainly expect their industries



to pay their share of the costs they create.



         The people of New Hampshire have indicated that they



want the Merrimack and New Hampshire rivers cleaned up quickly.



Massachusetts people have demonstrated that they Intend to do



their share.  We feel New Hampshire has a clear duty to do its



share at a faster pace than originally planned.  The Job needs



to be done and done quickly.  We feel New Hampshire can find



the means to do it at the State and local level.



         If the cities of Lawrence and Lowell on the Merrimack



in Massachusetts can find the means to complete their task in



1973, it would certainly seem that any New Hampshire city on



the Merrimack could find the means to move faster than planned



to meet the required standards.  We would think that the two



Massachusetts cities would have a legitimate complaint at



completing their construction  yet having to receive New



Hampshire wastes for several additional years.  Their uses



of the river would be limited for a longer period of time in



spite of their own efforts.



         Our task in New Hampshire seems to be to speed



construction with prefinancing and more State funds now to



give our Pollution Control Commission the means to urge local




communities to comply.  We urge full commitment at the State

-------
                                                              183
                    Donald Calderwood




level.   We  feel  this commitment  can  be met.   Pull  Federal


funding Is  also  needed  urgently  and  we look  forward to


considerable  Increases  In  Federal  appropriations In the


future.


         We are  confident  that New Hampshire will  accept Its


responsibilities to  the people of  neighboring communities  and


to its  own  people by providing the means  and the plans to


attain  suitable  standards  at  an  early date.


         Thank you.


         CHAIRMAN STEIN.   Thank  you, Mrs.  Taylor,  for a  very


excellent and comprehensive statement.


         MRS.  TAYLOR.   Thank  you.


         CHAIRMAN STEIN.   Are there  any comments or questions?


         (No  comment.)


         CHAIRMAN STEIN.   If  not,  thank you.


         Would you come up and let us have your name for the


Reporter.




       STATEMENT OF  DONALD C. CALDERWOOD,  MEMBER,


       NEW  HAMPSHIRE WATER SUPPLY  AND POLLUTION


                  CONTROL COMMISSION,
              *

                  NASHUA,  NEW HAMPSHIRE


         MR.  CALDERWOOD.   Donald Calderwood  of Nashua.  As a

-------
                                                               184
                     Sheldon Merrill






member of the Nashua Water Supply and Control Pollution



Commission, I think we should recognize the fact that New



Hampshire can hold its head high among other States as far



as the Commission is concerned and the progress it has made



during the some 20 years it has been in existence.  I do



not wish to take issue with my fellow townsman regarding



her statement, but if I understood her remarks correctly, I



obtained the inrerence, at least, that New Hampshire was



lagging behind other  states.  If I am in error, I apologize.



If I am not, I would like to have the statement corrected.



         MRS. TAYLOR.  I was referring to time rather than



money.



         MR. HEALY.  Are there any others from New Hampshire



that would like to offer some remarks?






       STATEMENT OP SHELDON MORRILL, CITY COUNCIL,



                 FRANKLIN, NEW HAMPSHIRE






         COUNCILMAN MORRILL.  My name is Sheldon Morrill.



I am a Councilman from the city of Franklin.



         It is a city at the confluence of the Pemlgewasset



and Wlnnipesaukee, a city of about several thousand population,



         The city of Franklin saw fit to meet their obligation




when this Clean Water Act and State legislation was passed.

-------
                                                               185





                     Sheldon Morrill






We have gone ahead and have a final planning and engineering



completed at this date.  The city is waiting at this time



for the necessary funds from the State and Federal Government.



         Now, once you have sold the people of a city on a



program, whether the Federal Government is obligated or not



to these funds,  the people have been sold that the Federal



Government has certain participation and the State has a



certain participation.  The city has gone ahead and met their



obligations, and then the program is set on a table and it is



laying dormant.



         So now the city officials, as they are re-elected,



had i.  go back and resell their community on their obligations



over and over again, whether the Federal Government is obligated



or otherwise.



         I think that the Federal representatives here see



the problem that the city officials have by letting these



Programs lay dormant.  The time to act is when the Initial



Program is incorporated, State and Federal, and get the people



Interested and go along.  We have done this in Lincoln and now



the interest is  to let's stay there anc1 wait and see what



happens to this  Federal funding.



         CHAIRMAN STEIN.  Are there any comments or questions?



         (No response.)

-------
                                                               186



                     Sheldon Morrill
                               f-


         CHAIRMAN STEIN.  Are there any others?


         MR. HEALY.  No, sir.


         MR. KLASHMAN.  Could I ask you, Mr. Morrill, the


grant that you are talking about, the funding, is that a


H.U.D. project that you are talking about?


         COUNCILMAN MORRILL.  No.  This is a regular water

pollution grant.

         MR. HEALY.  No. 66l?


         COUNCILMAN MORRILL.  Yes.


         MR. HEALY.  Clarence can tell you, if you want to


know, the details of Just what has transpired at Franklin

and when it may be financed under certain circumstances.  I


know they have completed their planning.


         MR. METCALP.  I think this is not going to be this

next year but the year after.  I believe it is in 1970.


         CHAIRMAN STEIN.  Is that a State priority?

         MR. METCALP.  Yes; that is, our priority which we


have established.


         CHAIRMAN STEIN.  I repognlze your problem and your


remarks are very pertinent.  However, again, we do have this


provision in the Federal law and this is one that I think is

a good one.  The priority for going with the project rests

-------
                                                               187
                     Sheldon Morrill






with the State.  Like many other things, you may look for a



panacea if you want from the Federal Government, but the best



way that we can really set the priority is have the States



and localities within that State work it out themselves.



         Now, as far as I know, the New Hampshire priority



system is a completely equitable one.  Again, looking at the



other programs throughout the country,  obviously — and this



would deal with any program, and I want to make this clear —



unless we had all the money in the world,  if you have more



applications than there are moneys available, someone is going



to have to set the priority.  This is something we Just have



to really live with.



         With that, let us recess for lunch and let us try



to be back at two o'clock.



         (Whereupon the Conference recessed until 2:00 p.m.)

-------
                                                               188
                    AFTERNOON SESSION




         CHAIRMAN STEIN.  Let us reconvene.



         May we call upon Massachusetts.  Mr. McMahon.





         STATEMENT OP THOMAS McMAHON, DIRECTOR,




                WATER POLLUTION CONTROL,




       MASSACHUSETTS WATER RESOURCES COMMISSION,



             DEPARTMENT OP NATURAL RESOURCES




                  BOSTON, MASSACHUSETTS





         MR. McMAHON.  Mr. Chairman, the Massachusetts




presentation, with your permission, will be two different



categories.  I will begin and Mr. Cassaza, Supervising



Engineer, will follow.



         Mr. Chairman, ladies and gentlemen.  My name is



Thomas McMahon.   I am Director of the Water Pollution



Control, under the Massachusetts  Water Resources Commission,



in the Department of Natural Resources.  Our agency was



created under Chapter 685 of the Acts of 1966 with the



responsibility of enhancing the quality and value of the



water resources of the Commonwealth and to establish a program




for the prevention, control and abatement of water pollution.



         Three companion pieces of legislation provided for a



State bond issue of $150 million to assist cities, towns and

-------
                                                             189





                     Thomas McMahon






districts in the construction of waste treatment facilities




and two tax inducement provisions for industries construc-




ting their own treatment works.




        Since the passage of these Acts,  Massachusetts has




adopted standards of water quality in all interstate, intrastate




and coastal and marine waters.  The interstate portions have




been approved by the Federal Department of the Interior, thus




making these Federal standards as well as State and providing




to this State the maximum Federal grant percentages on




eligible projects throughout the Commonwealth.




        An implementation schedule for corrective action has




been established for some 230 industries  and 130 communities




within the State, and Letters of Intent indicating willingness




to comply have been received from 95  percent of those contacted.




The total estimated price tag on a Statewide basis is estimated




at $1/2 billion with approximately one-half to be cost-shared




by the Federal Government,  one-quarter by the State and the




remaining one-quarter by local financing.




        During the past fiscal year,  Chapter 21 of General




Laws,  which encompass the previously  referred to Acts of 1966,




was amended by Chapter 873 of Acts of 1967 and Chapters




611 and 648 of the Acts of 1968.  The major features of these




amendments are as follows:




        1.   Clarifying amendments to  allow the Division to

-------
                                                               190






                      Thomas McMahon






Give construction grants to cities, towns' and districts from



the $150 million bond issue authorized in 1966.



         2.  A prefinancing clause to allow the State to



advance moneys to cities, towns and districts in anticipation



of future Federal reimbursements and to advance up to 7



percent of .the total estimated construction cost of eligible



projects for the preparation of final plans and specifications.



         3.  An oil pollution control act to permit this



Division to contract with private organizations to clean up



oil spills on an emergency basis, to issue rules and regula-



tions for protection of the Commonwealth waters, to license



all oil terminals and to establish a permit system for waste



oil collectors.



         4.  A scholarship and intern program to attract



outstanding high school graduates into the field of Sanitary



Engineering.  This Act provides free room, board and tuition



to candidates who will work summers for the Division and to be



employed for three years with the Division upon graduation.




         Prom January 1968 to June of 1968 the Division has



obligated the authorized maximum of $15 million for State



grants in aid to communities and districts including the



prefinancing of some $4 million of State funds in anticipation



of future Federal reimbursements.  It is anticipated that this

-------
                                                               191
                      Thomas McMahon



will continue in this fiscal year without materially affecting

the implementation schedules for corrective action throughout

       •
the Statfe.   Nevertheless in looking toward the future, if


federal cutbacks in grant appropriations are continued


beyond the  current and next fiscal year, the Massachusetts


program, as well as many other States programs, will more


than likely be slowed down.


         This statement is based on an elementary mathematical


analysis of the costs involved in our Implementation program


which features a number of major projects coming'due in the


next two or three years.  We have communities such as Lowell,


Lawrence, the Greater Pitchburg area, Worcester and other South


Essex sewerage districts, many of these projects ranging any-


where from  $16 to $18 million apiece up to $30 million.


         The State is limited to expending only $15 million in


one year, so it is fairly simple  from a mathematical basis


to understand that we will need additional Federal moneys.  It


may well even be necessary that we will have to go back to our


own Legislature for additional grants funds.


         We can preflnance.  As you can well imagine, when you
                                   »  V
get into $30 million projects, the prefinancing clause will wipe


out in one  project the entire money allotted for one particular

year.

-------
                                                             192




                      Thomas McMahon






         Much has been said here today on the lack of Federal



funds.  I would like to make one point clear insofar as



Massachusetts is concerned.  We are insisting that all



municipalities and industries, regardless of the anticipated



shortage of Federal and State funds, go all the way through



the preliminary planning stage and also the final plans.



Remember if they have accomplished this and it comes to pass



there is not State or Federal money available, that is some-



thing else.  But, in our opinion, there is no excuse for



anybody not going right through the final planning stage in



municipalities.  Of course, we finance the 70 percent of



the plans and specifications as well.



         Regarding the Merrimack River Basin, on the Merrimack



we have established a schedule for 14 municipalities, 38



Industries, 1 miscellaneous, for a total of 53.  Out of this



total of 53* ^5 have indicated they will comply, 36 are



presently on schedule, 2 are under Consent Orders and 1 Is



under an order.



         Under the Nashua River the schedule includes 2



municipalities, 23 industries, 1 miscellaneous and a total



of 26.  Nineteen of these intend to comply, 23 are on



schedule and 2 are presently under Consent Orders.



         Consent Orders, just for a brief explanation, the

-------
                                                                193
                      Thomas McMahon




civil  portion of our law requires that prior to issuing an


administrative order we have to hold what we call an


adjudicatory hearing.   This, many times,  can be somewhat


cumbersome,  so we invite the polluter in  and have a pre-


hearing conference upon presentation of evidence that


indicates  that theyjare polluting.


        Now, we request them to sign what we call a Consent


to Order or  Consent Decree.


        What this essentially does is waive the right to a


public hearing by the particular polluter and has essentially


the same effect as holding the hearing by the issuance of


an  \dministratlve Order.


        In  conclusion, I would like to emphasize that


Massachusetts has an on-going progressive program of
                               r ••  '-. -

financing  and enforcing water pollution control on a State-


wide basis.   It is a program to enhance the quality of water


Mcnin our own State and to  render waters flowing into


neighboring  States of a quality satisfactory to the agreed-


wpon classifications of the  signatory States and approved by


the New England Interstate Water Pollution Control Compact.


        It  is Important that the progress and momentum of


the past two years be  amplified In  the years to come in order


to provide the necessary water quality improvements reflected

-------
                                                              194

                      John Cassaza

                         •
in our standards of water quality goals and needed so

badly by future generations.

         Thank you.

         CHAIRMAN STEIN.  Thank you, Mr. McMahon.

         Are there any comments or statements?

         MR. McMAHON.  Mr. Chairman, I might suggest letting

Mr. Cassaza go ahead with the second part of our presentation

Then we will be happy to answer any questions.

         MR. KLASHMAN.  I would like to wait until Mr.

Cassaza is done.


             STATEMENT OP JOHN B. CASSAZA

            SUPERVISORY SANITARY ENGINEER

         DIVISION OP WATER POLLUTION CONTROL

    MASSACHUSETTS DEPARTMENT OP NATURAL RESOURCES

                 BOSTON, MASSACHUSETTS


         MR. CASSAZA.  Mr. Chairman, I am John Cassaza

from the Division of Water Pollution Control in the State

of Massachusetts.

         I have here the Implementation Schedule for the

Merrimack River and for the Nashua River.  I would like

to submit this schedule to the Commission as If read.  I

would further like to make certain comments on this schedule.

     (the above-mentioned schedule follows.)

-------

-------
 MASSACHUSETTS DIVISION  OF WATER POLLUTION CONTROL
196
MERRIMACK
/ -J. • _/ x /
J~ocQT/cr> p AS0s??e
LOWELL
Municipal - Proiect ^1
Municipal - Proiect #2
Ames Textile Corp.
Byfield
Fel ting
Commodore Foods
United
Conant B
a J a stic Corp.
oughton Div.
Jean Alan Products
Lawrence Mfg. Co.
Middlesex Worsted Spinning
Pell on Corp.
Robinson
Suffolk
Vert i pie
Top Yarn & Dye Work
Knitting
Inc.
. MERRIMAC
Municipal
Merrimac
METHUEN
Metal Finishing

Municipal - Proiect ffi]
Municipal - Project #2
Essex Chrome Plating
Methuen International liin s
Rex Potato Chip
NEWBURYPORT
Municipal
NORTH ANDOVER
Municipal

Western Electric
Wipex. Inc.
SALISBURY

Municipal
Salisbury
TYNGSBORO
Municipal
Water Co.


W3STFORD (Force Village}
Murray Printing Co.


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-------
                                                                     MASSACHUSETTS DIVISION OF WVTOR POTT.UTTON CONTROT
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-------
 MASSACHUSETTS DIVISION OF WATER POLLUTION CONTROL
                                                                                                                         198
NASHUA
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FITCHBURG
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GROTON
Groton Tieatherboard
Hoi -i ingsworth i, Vose
L.iNOiST3R
Atlantic Union College
T 30MINSTER
Borden Inc.
Foster Grant
PMPPERELL
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Bemis Company, Inc.
St. Regis Paper
FITCHBURG
Great .unerican Plastic Corp.
The Jennisen Company
Art Photo Service, Inc.
Fitchburg Gas L Light Co.
Hedstrom Associates
Vogue Wan Coverings, Inc.
Iver Johnson Co.
Wachusett Potato Chip Co.
Independent Lock Co. (II .CO Coi
LUXEMBURG
Rogers Brothers

WSSTMINST3R
The Old Mil"1 Restaurant
Advance Coatinpq Tnr»
Decotone Products i)iv.r
Fitchburg Paper Co.

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      MASSACHUSETTS DIVISION OF WATER POLLUTION CONTROL
199
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-------
                                                              200
                     John Cassaza






         These schedules, or the dates that we have es-



tablished in this schedule,  are, to all intents and purposes*




the same dates that we have  submitted to Secretary Udall




back in 1967.



         In addition to the  dates and the Industries and



municipalities which we listed In that original submission,



we have Included in this plan and schedule additional



relevant sources of pollution.



         During the last year we have been able to disclose



in these two river valleys in the case and on Sheet 1 	



         MR. KLASHMAN.  Excuse me.




         Mr. Stein, I just wanted to clarify something in my



own mind.



         Mr. Cassaza, as I understand it, these sheets are



the dates that were submitted to the Secretary and approved




by him, and then what you are going to point out now are



those dates where there have been minor adjustments proposed



by you?



         MR. CASSAZA.  Or additions to the schedule.



         MR. KLASHMAN.  And these are things that you are



going to point out that differ from the schedule as approved



by the Secretary?




         MR. CASSAZA.  Right.

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                                                              201
                     John Cassaza





         In the case of the town of Dracut, you will note



on this sheet that the J. P. Stevens Company has been deleted,



This deletion should not be made and the dates listed here



stand as solicited.



         MR.  KLASHMAN.  These are the dates that were made on



the original  plan?



         MR.  CASSAZA.   Right.  The notes were made on the



plan of original implementation.



         On Page 2 the Merrimac  Metal Finishing Company has



been deleted  in that it is being discharged to the municipal



drainage system.  Therefore, it is not subject 	



         MR.  KLASHMAN.  Will you hold it one moment.  On



J. P. Stevens Company, they will be finished by June, 1971?



         MR.  CASSAZA.   That is what their schedule calls for.



         MR.  KLASHMAN.  I am sorry.  The next one is Dracut?



         MR.  CASSAZA.   No.  The next one is under Merrimac,



The Merrimac   Metal Finishing Company has been deleted, and



rightly so in that that system is being discharged to the



town of Merrimac  system and, therefore, our action will be



against the town of Merrimac  for treating this.



         MR.  .KLASHMAN.  Are they already connected to the



town?



         MR.  CASSAZA.   Yes.

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                                                              202




                     John Cassaza






         Under the town of Merrimac  you will note that



there has been changes in the dates.  These dates were



changed following a hearing in our office relative to the



matter of pollution by the town of Merrimac•   We have



issued orders, and the dates listed here are the dates



that are now in the ensuing order.



         MR. KLASHMAN.  Would you mind reviewing those



dates?



         MR. CASSAZA.  The town of Merrimac  is to



appropriate funds for final plans and specifications or



acquisition of the site and for construction by 3/69. These



plans are to be completed by 4/70 and construction to be



started by 7/fO with an estimated completion date of 7/71.



         Under the town of Methuen 	



         CHAIRMAN STEIN.  That is a two-year extension?



         MR. CASSAZA.  Two years.  It was scheduled to



start and be completed in 1969.



         CHAIRMAN STEIN.  You are suggesting moving it to



July of 1971?



         MR. CASSAZA.  I beg your pardon?



         CHAIRMAN STEIN.  You originally had the date of



June 1969, and your new date is July 1971* two years.



         MR. CASSAZA.  Right.

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                                                              203
                     John Cassaza






         MR.  KLASHMAN.   But what he has said,  I believe,



and I would like to get this clear, Is that they were unable



to get the community to move so they had to call them in on



starting legal action.   Is that correct?



         MR.  CASSAZA.   Yes.



         CHAIRMAN STEIN.  By the way, I am not saying there



is not a good reason for this.   What we are saying Is this



is going to be completed two yearn later.



         MR.  CASSAZA.   This is  our standard procedure:  If



the community meets Its dates and It cannot get itself back



up on a schedule, then  we will  issue a complaint and call



them in for an adjudicatory hearing.  After all the evidence



is in, we will then consider it and issue orders to proceed



with the pollution abatement program.  Of course.we do not



get these people in until after the starting dates, so It



necessitates an extension.



         CHAIRMAN STEIN.  That  is right.



         MR.  CASSAZA.   Under the town of Methuen we had



adjusted these dates from the original dates to bring them



in tune with what the rest of the region was proposing, what



we were proposing to do in the  rest of the region.  It is



almost immaterial as to what the particular dates are now,



because the town of Methuen, Andover and North Andover and

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                                                               204





                     John Cassaza






the city of Lawrence are not in a sewerage district.  This



district was Just established this last year and became



effective by law approximately six weeks ago.  As soon as



this district meets, we will sit down with them and establish



new dates for the district.  So any dates we have now for



these communities is because the district is responsible for



the construction of pollution abatement facilities.



         MR. KLASHMAN.  Do you anticipate that the dates for



the district will be much beyond the July 1972



date or the June 1972 date that you have for Lawrence?  I



am sorry.  The first project was June 1972, and the second



one was July 1973.



         MR. CASSAZA.  I do not expect that the Lawrence



dates call for the final plans to be completed by 1/70.  I



anticipate that this district will be formed within a month,



something like that.



         They will have to negotiate with consulting engineers



for the preparation for final plans and specifications.  We



are talking about perhaps a $30 million project in this



particular area.  I do not anticipate that final plans for



*his project can be completed in any time shorter than perhaps



Id months.  I think that will be very optimistic.



         MR. KLASHMAN.  So it might be. six months beyond

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                                                               205
                     John  Cassaza






this  date?



        MR. CASSAZA.  Yes,  six months  beyond,  I think,



that  date.



        MR. KLASHMAN.  The  people  in the  districts are



Lawrence 	



        MR. McMAHON.  Andover and  Methuen.



        MR. CASSAZA.  This,  of course,  is quite consistent



with  Federal requirements  and wishes and desires, and this



has actually resulted in a saving,  or will result in a



savings, because  of  the piping costing  approximately $15



million on  this project for  this  metropolitan area.



        We have  deleted under the  Methuen the Methuen



International Mills  because  they  are in the municipal sewer-



age system  and, therefore, we have  deleted them.



        MR. KLASHMAN.  When will they  be  connected to the



system?



        MR. CASSAZA.  They  are connected  to the system now.



        MR. KLASHMAN. Do  you know  when this happened?



        MR. CASSAZA.  I do  not have the information as to



the date when they were connected.



        MR. KLASHMAN.  I  wonder  if on  these industries that



are being deleted if we could get the date for the record of



when  the connection  was actually  made?

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                                                               206





                     John Cassaza






         MR. CASSAZA.  Yes.  We have that data.  We do not



delete these things.



         MR. KLASHMAN.  Could we hold this until we get



this, Mr. Stein?



         CHAIRMAN STEIN.  Yes.



       .  Let me cite a procedure that was used in other



places.  Obviously, as the program moves we are going to



": ave to make and approve adjustments all the time.  Now, of



course, we have the standards and enforcement operation.



         I would suggest that if these things are reasonable,



we probably are going to have to have a status meeting every



six months.  This is Just to correct the record, indicate the



adjustments we have made and see that we both can go along



with you.



         These are the type adjustments that you are talking



about, Mr. Cassaza - not where the State or Federal Govern-



ment has really changed the policy, or someone does not go



along, or wants to go along, but the force of the fact of



the situation and Just the administration making it necessary



for us to adjust the dates.  I think that that is inevitable



in any complicated problem like that and we are Just going to



have to have a continuing,record of how we do that.



         MR. CASSAZA.  We anticipate that this is what we will

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                                                              207



                     John Cassaza




be doing - submitting periodic a1"1" such data to you


personally.


         CHAIRMAN STEIN.   Yes.


         MR.  CASSAZA.   Also under Methuen,  their Rex Potato


Chip has been deleted because they are now out of business.


I will also ascertain the date when they did go out sub-


sequently and send them to you.


         Under Page 3* in Newburyport we have added to this


schedule the Chase Shawmut Company and the  Towle silversmiths,


and as a result of surveys we have found that they are contribu-


ting pollution to the Merrimack, so we have listed them.  I


do believe these dates are in there and they are consistent


with the other dates that we have in the Merrimack River


Valley.


         MR.  KLASHMAN.  Those two are to be done by May 70?


         MR.  CASSAZA.   Right.


         Under the city of Haverhill we have made certain
       oa  •

changes in their dates whereby 	


         MR.  KLASHMAN.  What page is Haverhill on?


         MR.  CASSAZA.   This is Page 1 again.


         MR.  -KLASHMAN.  Where is it?


         MR.  McMAHON.   It is on Page 1.


         MR.  CASSAZA.   We have changed the dates of Haverhill.

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                                                              208





                     John Cassaza





The end results are practically the same I think.  As a



matter of fact, they have updated.  We had originally called



for Haverhill to complete Its first project by 1/11, and the



end result now Is to complete Its project by 4/fl.



         Also on the same page we have made certain adjust-



ments on the Continental Can schedule and we have given them



a little later date,     This ties In with the Haverhill



date, because the Continental Can Company now is negotiating



with the city of Haverhill — and I believe these negotiations



have been completed — for their waste to be discharged to



the municipal system.  So we have made these adjustments



accordingly.



         Only one comment on Page 2.  Under the town of



Salisbury we have changed 	  Well, we have called the town



of Salisbury in for a hearing.  They have signed what we



call a Consent Order to proceed and have agreed to proceed



with an implementation schedule.  These dates are the, sajme.



We ended up with the same dates that we had originally



established for the town.  They were in the process of



becoming delinquent, so we called them in and we have them



back on a schedule, but they are now under a Consent Order.



         We have a Consent Order pending for the Salisbury



Water Company.  We have had them in for a hearing, and they

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                                                              209
                     John  Cassaza






have  agreed to  —



         MR.  KLASHMAN.   Excuse  me.   On  Salisbury,  In other



words,  they met this  July  1968, date of acquiring  the site?



         MR.  CASSAZA.   Yes.   They already own  the  site.



         MR.  KLASHMAN.   The  final plans will be out by



March 1969?



         MR.  CASSAZA.   Yes.



         MR.  KLASHMAN.   Thank you.



         MR.  CASSAZA.   We  do anticipate, in view of your



latest recommendations  made  today relative to  ocean out-



falls and discharging waste  from Newburyport and Salisbury



to the Atlantic Ocean,  that  of  necessity any dates that  we



have  originally established  with Salisbury will be delayed.



This  is additional  information  from your recommendation.



         The Salisbury  Water Supply Company, we have also



had them in for a hearing.  They have agreed to sign a



Consent" Order.   This  has not been received as  of this date,



but,  again, the end result of their work will  not  be any



later than what we  originally anticipated.



         That concludes the  remarks on the Merrimack River.



         MR.  KLASHMAN.   Mr.  Cassaza, may I very quickly



review a couple of  things.



         As I see it, you  have asked for a delay in the

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                                                             210


                     John Cassaza



completion date of the Haverhill project.  Well, the


Haverhill project you have actually stepped up by three


months.  You have asked for a delay for about a year in


the connection of Continental Can?


         MR. CASSAZA.  Yes.


         MR. KLASHMAN.  About a year for Merrimack Metal


Finishing Company?


         MR. CASSAZA.  Well, they are in the municipal


sewerage, so 	


         MR. KLASHMAN.  They will be delayed?


         MR. CASSAZA.  The treatment will be delayed, but by


virtue of their now being in the municipal system we have
       \
no Jurisdiction over them.


         MR. KLASHMAN.  What is the longest delay that you


have asked for, about two years?


         MR. CASSAZA.  We have two years for the town of


Merrimac*


         MR. KLASHMAN.  Merrimac,  and that is the one that


is going 	


         MR. CASSAZA.  No.  They are under orders now.


         MR. KLASHMAN.  But that is the only one that is


two years?


         MR. CASSAZA.  Yes.  And in addition, like North

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                                                               211
                     John Cassaza






Andover, for example, if they had proceeded on their own




they would have probably been completed by 1970.



         MR. KLASHMAN.  But going into the district —



         MR. CASSAZA.  Going into the district the whole



project is delayed.



         MR. KLASHMAN.  In general, then, with the



exception of the district and these, it is about 12 months?




         MR. CASSAZA.  Right.



         MR. KLASHMAN.  So it is 12 to 14 months?



         MR. CASSAZA.  Yes.



         MR. KLASHMAN.  I have no further questions.



         MR. McMAHON.  These are only changes, Mr. Chairman.



         MR. CASSAZA.  I am following through now with the




Nashua River.  I have not completed.



         MR. KLASHMAN.  I am sorry.



         MR. CASSAZA.  On the Nashua River, under Leominster



we have changed the Borden Chemical dates and the Foster



Grant dates.  I believe that the original dates for these



two industries was 4/69.  We have now changed these dates



so that their work will be completed by 7/TO which, of course,



(is a year and three months, something like that, delay.




         Now, these two companies have now signed Consent



Orders, and they have agreed to proceed with the dates that

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                                                               212



                     John Cassaza








we have now given you.  This was done after a hearing



relative to the matter of pollution by these two industries.



         MR. KLASHMAN.  Isn't that 12/69, the Borden Company?



         MR. CASSAZA.  7/fO, Borden Company and 12/69 for



the Poster Grant.



         MR. KLASHMAN.  I see.  Thank you.



         MR. CASSAZA.  The Poster Grant was delayed less than



a year because of this action.



         Under the town of Fitchburg we have disclosed two



additional sources of pollution and have listed them with



their dates being the cleanup of their pollution, being the



same dates, approximately.



         MR. KLASHMAN.  Which are the two new ones?



         MR. CASSAZA.  The American Plastics and the Iver



Johnson Arms & Cycle Works.



         These dates, they are on the same schedule as the



umiclpal program.



         Under Pltchburg we have also listed the Art Photo



Services, the Pltchburg Gas and Light, the Hedstrom



Associates and the Vogue Wall Coverings, Inc.  We have also



listed Iver Johnson Company in Pitchburg, the Wachusett



Potato Chip Company and Independent Lock Company.



         These dates are also consistent and in no case

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                                                             213
                     John Cassaza




later  than  any other date we have established for any


other  municipality or industry In this area.


         Under Lunenburg we have listed the Rogers Brothers


with a completion  date as of 4/71.   As you can see, it is


consistent  with all the other dates.


         In Westminster we have listed the Old Mill Restaurant,


the Advance Coatings,  Inc., and the Decotone  Products Company.


         I  might comment, under the town of Lancaster  that


here we have listed the Atlantic Union College.  The town of


Lancaster has now  formed a district which is  going to pick


up the Atlantic Union College, so these dates here will be


after  we  have got  the district under way.  They are going to


be discharging through the Clinton Sewerage treatment plant,


which  will  eliminate one treatment facility In that area,
                               i

which  is, of course, what we are looking for0


         That concludes my remarks on Nashua  and the


tferrimack River.


         MR. KLASHMAN.   Mr- Cassaza, In the original


conference  I understood that we were supposed to include


the Intrastate sources, and there were about  15 of those

            *                    •*

that you  have not  mentioned,  when we were asking for the


compliance  dates,  we had gotten some of those from you.  I


wonder If you could update those?

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                                                                  214
                       John Cassaza


         MR. McMAHON:  May I comment on this, please, Mr. Chairman?

         CHAIRMAN STEIN:  Yes.

         MR. McMAHON:  We are not taking exception to this.  In

fact, we have come prepared to give the intrastate sources.  There

is perhaps a little bit of procedural question here in the sense

that in the letter from the Sacretary of the Interior to Doctor

Frechette no reference was made to intrastate as far as the

conferees were concerned.  Despite this, we will be most happy to

present this information, but I would sort of like to qualify

this on the record because I am not too sure that from a legal

point of view this is proper .

         CHAIRMAN STEIN:  Your objection is noted.  I think the

assumption we were proceeding on and the opening statement indicates

that in Massachusetts we were considering the intrastate as well as

the interstate, but that should not prejudice your exception.

         MR. McMAHON:  I do know that the Governor recommended

intrastate as well, but in the Secretary's letter there was no

reference.  Nevertheless, we will be most happy to give you

this information.

         CHAIRMAN STEIN:  All right.

         MR. CASSAZA:  I have passed out to you a list of the

polluters on the Concord River Basin and its tributaries

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                                                             215





                     John Cassaza






thereto,  excluding the Assabet and the Sudbury.   This



listing here,  In all eases^does not represent relevant



sources of pollution.



         The first community listed here is the  town of



Acton.   Now, the town of Acton is not a polluter of any of



our waterways.



         We have listed the town of Ashland because the town



is ambitious.   They have an active planning group there.



They,  for municipal planning,  are hoping to proceed to get



a sewerage treatment plant in  the town.



         They do have local problems with subsurface



disposal.  They wish to bring  Industry into the  community,



so they are proceeding with hopes of eventually  bringing



in a municipal or having a municipal waste treatment facility.



         CHAIRMAN STEIN.  They do not have a sewerage system



there,  do they?



         MR. CASSAZA.  They do not have any municipal sewer-



age system at this time.  We have not listed them in this



because they are not a polluter.



         In the town of Acton  we have the Chemical Company



«e have listed.



         Under Billerica we have listed Municipal Sewerage



System.  They have already constructed their own municipal

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                                                             216




                     John Cassaza






waste treatment facility, but this relates to sewer exten-



sions that have to be up along the Concord River to pick



up certain portions of North Blllerica and to pick up



certain of the industries that are in that area which



eventually will be discharged to the municipal system, one



of the main polluters up here.  There are two, Lowell Rendering



Company and the North Billerica Rendering Company which are



listed and they have hopes of going into the municipal sewerage



system.



         MR. KLASHMAN.  Your list is a little bit different



from ours.



         MR. CASSAZA.  Let me proceed with this and then you



can ask me questions of any of the others that you have a



mind to.



         Under Pramlngham we have listed the General Motors



Company.



         Under Maynard, the town of Maynard has an inadequate



secondary facility.  They are proceeding, they are going into



town meeting for appropriations of funds.  We again are going



to be running into a problem in this particular area because



we are going to look into the matter of regionalization



between them and surrounding communities, so we may have to



delay there.

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                                                              217
                     John Cassaza






         In Northboro, again, they do not have a municipal



sewerage system, but they have local problems in our planning



to be in with the regionalization of the city of Marlboro.



So they should not be considered as a polluter-  We have




listed the Machinery Electrification Company  in that  community,



         In Pramingham, again we have listed the Roxbury



Carpet Company who is a polluter.  They are going into the



municipal sewerage system as soon as the town of Pramingham



builds a larger pumping station in which to take them.



         We have listed Pramingham Municipal here because



they do need an enlargement of their pumping station, but



they should not be considered as a relevant source of pollu-



tion.



         In the town of Hudson, we have listed the town of



Hudson.  It is a municipal responsibility, but this is



again for a pumping station in the community which needs to



be rehabilitated and somewhat enlarged and should not be



listed as a real source of pollution.



         We have also listed Marlboro, the Westerly sewerage



plant.  They are not polluting but they are developing and



with 495 in the area they are quite anxious to  proceed with



bringing industry into that area.



         That concludes what we have listed under this river

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                                                              218


                     John Caasaza


basin.  If you have any areas which are not listed there,

I will be glad to comment.

         MR. KLASHMAN.  I had a view here that we would want

to have the dates if we could get them.  In Ashland we had

a chemical manufacturing company?

         MR. CASSAZA.  Those have been tied into the sewers,

so we have not listed them as contributors to pollution.

         MR. KLASHMAN.  In other words, they are tied into

Ashland?

         MR. CASSAZA.  Right.

         MR. KLASHMAN.  The General Electric Company in

Ashland?

         MR. CASSAZA.  Either tied in or they put in their

own treatment facility there I believe.  They are not a

source of pollution.

         MR. KLASHMAN.  Could we get whatever 	

         MR. CASSAZA.  Well, you have it here.  You have the

G. E. there, that they are neutralizing and chlorinating

their waste.  So they are now treating their own waste.

         The same with Ashland Chemical.  They are using sand

filtration and they are not treating them properly, so we

did not list them on this.
                                                             t
         MR. KLASHMAN.  I see.  You have the rest of our list.

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                                                              219
                     John Cassaza

Are there any others?  For example,  Westboro,  the secondary
treatment plant  Is  satisfactory?
         MR.  CASSAZA.   Right.
         MR.  KLASHMAN.   The Hudson Combing,  they have
settling facilities?
         MR.  CASSAZA.   Right.   Right.   There are many places
here you are  listing, but they are places wnlch have settling
facilities which are  not pollution.  There is a difference.
         MR.  KLASHMAN.   Do you have  any comments to make on
the list, Mr.  Pahren?  We have solicited here places that
have treatment facilities.  Is there any question about it?
         MR.  PAHREN.  Is Hudson Combing Company okay?
         MR.  CASSAZA.   Yes. You  asked if Hudson Combing
Company is all right.   We have investigated that, and we find
that there was a problem of a  broken line which they repaired,
but they are  not polluting.
         MR.  PAHREN.  Would you like to comment on Marlboro
with a discharge into Hop Brook?
         MR.  CASSAZA.   Well, yes. The Marlboro, early through
its agreement plan, has reached its  capacity.  As a matter
of fact, it probably  is overloaded.  They have put in sandbeds
and lagoons there to  offset this.
         The  overall  efficiency of this facility, it is well

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                                                                 220





                     John Cassaza






over 90 percent, as reported by their consulting engineers



and checked out by us.  With that, they are going to have a



tertiary treatment, but the point is the effluent is being



discharged down to Hop Brook, which is a very small stream.



It cannot take it, so they have had problems with odor




conditions down there.





         Now, that odor condition down in that area may be



due to the lack of oxygen down in the water, but it is



probably due to algae growing rapidly.  In certain areas



there, In order to overcome this, they have put in these



aerators to eliminate this problem.  But the solution is




not to put In these aerators but to remove these nutrients.



         In that respect, our Division, we gave the very



first grant to the town of Marlboro for a research project



on the removal of the nutrients from their sewerage treat-



ment facility.  Upon the completion of this study, the



town is planning to move ahead to implement what this pilot



grant research plant does.  In the end, we will remove the




nutrients so that the condition will no longer exist at



Hop Brook.




         This Is another reason why the westerly plant is



being constructed, because the easterly plant Just cannot



take anymore.

-------
                     John Cassaza






         CHAIRMAN STEIN.   Let me make a suggestion here.



I think we are coming to  the stage of the case that we



always get when we move ahead to this completion operation.



         What I suggest we do, because we are likely to



get into this problem again and again in various cases 	



As I see it,  the Massachusetts program is moving ahead on



schedule with certain modifications you had to make, you



believe either for administrative reasons when they came



in or largely because there was a switch in plans and they



decided to consolidate in one district.  I will ask Mr.



Klashman, and maybe you should do it now, do you think that



these proposals are reasonable in each case?



         MR.  KLASHMAN. Well, on the interstate part I



think that the proposals  they made certainly are reasonable.



         On the intrastate also the ones I see here appear



to be reasonable, but I would like to get the record complete



between our list and theirs.  I think we can do that very



simply by getting together afterwards.



         CHAIRMAN STEIN.   This would have to be done.



         Just technically for the record, if this is in the



standards which have been approved in another conference and
              *


If we make a recommendation that this is all right, we are



going to have to spotlight the ones for which we made a

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                                                             222





                     John Cassaza






recommendation.  I would suggest that from here on out,



within the next month, at least no longer than that and



hopefully before that, so we can get these agreed upon



and put in the Summary - that we will agree on a master



list of the sources.  The list can be added to or subtrac-



ted from as you have with this.



         Now, a lot of the cases are going to say that the



work is completed, and I do not think we should eliminate



those from the list.  Because if we are going to indicate



the progress we are making, we should indicate the ones



where the work is done.



         Again, I would suggest that these work sheets are



fine and they should be used by you.  But for the conference



possibly the only place where we should take them up is



where there is a deviation from programs or several main



dates.  Possibly for the Federal recommendations you have



three things and I might suggest a fourth.



         l)  This may be crucial here and you may want to



spotlight it in the conference - the final plans and



specifications.



         2)  start construction.



         3)  complete construction.



         And I would say the fourth operation is to arrange

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                                                              223




                     John Cassaza






for financing, which very well may be the key, particularly




with municipalities.



         MR.  CASSAZA.   In our presentation, we listed this



at the beginning.



         CHAIRMAN STEIN.   I understand.  But I am saying



when we have  this for the Federal-State relationship that



these are possibly the four things we should have.  The



technical staff and the people in the States should agree



on the list.   Then if we ever have a progress meeting or



something again, it seems to me that all we will have to do



is go down the list and check the ones which are meeting



the schedule  or where you would suggest an adjustment on



the date.  Unless the Federal people or your neighboring



State had a question,  we would consider those in compliance



with the program.   I think we have done that in other cases.



         If we are going to simplify this, in a sense, for



some administrator who is reviewing it, he will have to go



backwards and try to understand it.  We should have that



straightened  out.   I do not anticipate any difficulty.



         MR.  KLASHMAN.  As I see it from your list, everybody,



all the intrastate sources, will have treatment by May of 1972,



except for the North Billerica Talbot Mills and Northboro,



which is May  of 1972*.   Is that right?

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                                                             224



                     John Cassaza






         MR. CASSAZA.  Yes.



         MR. KLASHMAN.  But everything else will be done



by May of 1972.  We can get this list.  There is no problem



here.



         CHAIRMAN STEIN.  No.  I think this is just a



mechanical problem, but I think it will simplify this and



highlight the operation when you indicate this.



         By the way - and let me Just say this - the problem



or difficulty of a list like this, as soon as one complies



and is off the list and it does not give an indication of



the successes, my experience in this is that we better list



those if we are going to see It.  For example, we were in



Chicago last week or the week before and there were three



steel companies that everyone was concentrating on because



they felt they might not be complying on time, but we had



about 30 cities and about 20 other industries which would



all comply.  When you looked at the whole picture you got



quite a different view than if you Just concentrated on ?



those which some people might have felt were still in non-



compliance.



         I think it would be helpful for all concerned if



we got this boxscore and the list, then when people have



completed they remain on the list but you put down that

-------
                                                               225




                     John Cassaza






their work Is completed and we are all set.   I think this



can be worked out.   Hopefully, we should be  able to have



this possibly to issue as an appendix to the summary so



we are all in shape.   I look for this as a mechanical



problem and no problem other than that.



                   (SEE APPENDIX A)



         As far as  you are concerned, Mr. Klashman, your



recommendation for  the extensions that they  might want



to have in those cases, for those few cases, is reasonable?



         MR.  KLASHMAN.  These do not appear  unreasonable.



         MR.  McMAHON.  Mr. Chairman, may I make a point?  We



have been discussing delays here, and I think I would like to



make one more point here.



         Generally  speaking, delays are caused by several



reasons.  Number one, I think it was pointed out that in



reglonalization or  in trying to get certain  communities



together that do have different dates, the most common



denominator is usually town, and to form a district and build



a larger facility usually takes longer.



         Now, this  is taken into consideration, benefits to



water quality.and also cost savings.  I think all of us



generally agree in  the regional concept if you do get better



water quality and If the costs are less.  In the meantime, it

-------
                                                             226



                     John Cassaza






does mean in certain cases there will have to be certain



delays.



         A  second reason, and this is quite apparent in



our Consent Orders, as these polluters miss dates, then



you have to go back and put them under Consent Orders or



call them in for adjudlcatory hearings, and this means



revising the dates and extensions.  We try to compress it,



if at all possible, so that the construction dates can



remain the  same if at all possible.  In many cases this



does not happen.



         There is a third point here, and I do not say it



is the major one, but it is one of the problems we have



run into.   In many cases we get poor engineering reports



or final plans that are not adequate from the State point



of view.  When you reject these, this again causes a delay.



Yet, on the other hand, I do not think any State regulatory



agency is in business to approve inferior engineering or



something that really does not do their Job.



         One other point, and this has not been brought



out — and I think it should for the people in the Nashua



River Basin — is that the city of Pitchburg has completed



a regional report which includes most of the major industries



within the Pitchburg area.  This is going to involve two

-------
                                                             227
                     John Cassaza






sewage treatment plants, one handling the bulk of the



municipal waste and one paper company, and another Is going



to be primarily an Industrial plant handling two paper



companies and a possibility of taking in another town.  This



is essentially about a $17 million project.



         They also have recommended a program for separation



of combined sewers within the Pitchburg area over the next



few years.  We think this is an excellent project.  It has



been approved, at least conditionally, by our office and we



are making every effort to see that this is implemented as



quickly as possible.



         CHAIRMAN STEIN.  Thank you.  Those remarks are well



taken.  I do not care whether it is a waste facilities



construction or you are building a subway or you are building



your house, we are doing all this within the limitations and



vicissitudes of our general American society and you have the



same problems that you have in any society with any project -



you have to make the adjustments.



         I know we have had cases all over from bond issues



being voted down by the voters to mayors being indicted, and



anytime that happens you are going to have a delay in the



project.  Therefore, I do not believe this is peculiar to



water pollution.  This is Just what you have to get.  These

-------
                                                             228





                     Richard Young





are the type adjustments we are going to have to make.



         The reason we get together is that it is the best



thing we could do.  By doing this in public the people can



make a Judgment on whether we are making the right determina-



tion or not with this and we can do this also in the best



possible way.  You know when you talk about these plans and



other things that are rejected, I guess  Winston Churchill



summed it up when he said, "Democracy is the worst form of



government, except those others that have been tried from



time to time."  I think we Just have to put up with this.



         Do we have any other questions?



         MR. KLASHMAN.  No.



         CHAIRMAN STEIN.  Massachusetts, do you have anything



more to present?



         MR. McMAHON.  We have a number of people here from



Massachusetts.



         CHAIRMAN STEIN.  Yes, please proceed.



         MR. McMAHON.  I would like to call first Mr. Richard



Young, who is a Director of the Central Merrimack valley



Regional Planning District.





  STATEMENT OP RICHARD H. YOUNG, EXECUTIVE DIRECTOR



  CENTRAL MERRIMACK VALLEY REGIONAL PLANNING DISTRICT



                LAWRENCE, MASSACHUSETTS

-------
                                                              229


                     Richard Young




         MR.  YOUNG.   Mr.  Chairman and Conferees, ladies and


gentlemen,  I  apologize for not preparing my remarks before-


hand.   I would have  liked to have done so,  much rather than

                                                  *
spend  the time in bed last week with you know what, so you


will have to  take it from my penned notes today.


         The  Central Merrimack Valley Regional Planning


District was  formed  in I960 for not only the water pollution


purpose but for a general regional planning in the central


portion of the Merrimack Valley in Massachusetts.   At that


time,  it consisted of the communities of Lawrence, Andover,


Methuen and North Andover.  By 1964 the District investigations


and considerations had progressed in the field of water


pollution abatement  to the point where one  of the policies


in the regional plan called for abating pollution by the


four communities in  the Greater Lawrence area through the


construction  of one  treatment facility.


         Since 1964  the District has been expanded gradually


until  we now  include the 15 cities and towns of Lawrence,


Haverhill,  Newburyport, Andover, North Andover, Methuen,


Georgetown, Groveland, Boxford- West Newbury, Merrimac,


Amesbury, Salisbury, Newbury  and Rowley.


         The  regional plan and policies of the District are


being  expanded currently and will, when adopted tomorrow





 *Hong Kong flu

-------
                                                             230



                     Richard Young





night, call for treatment facilities individually by the



city of Newburyport and the Town of Amesbury and Merrimac,



and joint facility use by the city of Lawrence, the Towns



of Andover, Methuen, North Andover, and by Joint facilities



to serve Haverhlll and Groveland.



         Beyond this, the District has attempted to



categorize intercommunity action by offering assistance



and encouragement to its member communities.



         We have also programmed the necessary regional



planning actions to make the member communities eligible



for maximum State and Federal grants, including all available



bonuses.



         Even more specifically, the District has been active



in promoting local actions leading towards Joint undertakings.



         Unless your questions reveal an interest, I will



omit the gory details and summarize our progress by saying



that after two years of effort the four Greater Lawrence



communities have formed a Greater Lawrence Sanitary District.



The principal officials of these communities have been



invited to meet on January 8, 19&9* to organize the District.



         In the Haverhill-Groveland situation we have met



with both communities and I am pleased to report agreement



in principle.  We and they will attack the problem of legal

-------
                                                             231





                     Richard Young






agreement In the near future, and I have every reason



to anticipate success similar to that produced in the



Lawrence area.



         Do not misunderstand my remarks as I am implying



there is great enthusiasm for spending the money to do



the job, but I take great personal pride in reporting that



I think the communities in the Central Merrimack Valley



Regional Planning District are organized to get the Job



done in the most economical fashion.



         As I see it, the organizational and intercommunity



problems which threatened the accomplishment of the Job In



1964 have been resolved as of this date.



         CHAIRMAN STEIN.  Thank you very much, Mr. Young.



         Are there any other comments or questions?



         MR. McMAHON.  I would Just like to add that Mr.



Young has worked very closely with our Division in setting



up meetings with these communities and getting them together



on this water pollution abatement district and we thank



you very much, Dick.



         CHAIRMAN STEIN.  Any questions?



         MR. KLASHMAN.  I have no questions.



         MR. McMAHON.  Next I would like to call on Mr.



John Pobst who Is representing the Greater Lowell Planning




Commission.

-------
                                                             232




                      John Pobst






     STATEMENT OF JOHN J. POBST, STAFF CONSULTANT,



          GREATER LOWER PLANNING COMMISSION,



                 LOWELL, MASSACHUSETTS






         MR, POBST.  Mr. Chairman, ladies and gentlemen,



my name is John Pobst.  I am Staff Consultant to the Greater



Lowell Area Planning Commission, Lowell, Massachusetts.



         We have been working in similar manner to Mr. Young'a



program in a regional planning commission such as this.



         We are not a State agency; we are not a local agency.



We are in between, and we have close ties to our particular




communities.



         Our Commission is representing a region adjacent to



Mr. Young's commission on the Merrimack River at the New



Hampshire border. The communities in our region are Lowell,



Dracut, Tewksbury, Billerica, Westford, Tyngsboro, Dracut 	




Pardon me.  I named that before.  Dunstable and Pepperell.



         The community of Pepperell, of course, is on the



Nashua River, so we have the two major streams within our




region.



         Our programs which impinge on the Clean Waters




Program are utility planning, which has been going on for



a year now, open space and recreation planning and studies



of economic development.  We see the development of sewers

-------
                                                              233



                      John Pot: at






both in terms of cleaning up the rivers and in terms



of making greater economic growth possible through



industrial development,  which is also very important to



our region.



         At the present  time our major priority is with



the city of Lowell in our region.  This city has a popula-



tion of about 90,000 and has never had any form of sewage



treatment.  They have plans to develop moving ahead.



         There have been problems in coordination with



adjoining communities.   We are  working toward a possible



Sanitary District and have hopes of developing something



in this direction during the next year.



         Thank you.



         CHAIRMAN STEIN.  Thank you.



         Are there any questions of Mr. Pobst or comments?



         (No response.)



         CHAIRMAN STEIN.  If not, thank you very much.



       ~ MR.  McMAHON. Next I would like to call Mrs. Mary



Anne Stoddart, who is the Coordinator of the Nashua River



Clean Up Committee from  Groton, Massachusetts.  As most



of you know,  Mrs. Stoddart has  been sort of a driving force



within Massachusetts within the Nashua River Basin, and we



think she has done an outstanding Job.

-------
                                                               234






                  Mrs. Hugh Stoddart






         STATEMENT OP MRS. HUGH P. STODDART




             MASSACHUSETTS COORDINATOR,



           NASHUA RIVER CLEAN UP COMMITTEE




                 GROTON, MASSACHUSETTS






         MRS. STODDART.  Thank you.




         Chairman Stein, Conferees, ladies and gentlemen,



I am Mrs. Hugh P. Stoddart, the Massachusetts Coordinator of



the Nashua River Clean Up Committee and I represent the



155*000 people in the Nashua River Watershed who want the



maximum number of uses for the Nashua River attained as



expeditiously as possible.



         I want to thank Mr. Zabriskie, who is Acting Commission-



er  of the Department of Natural Resources for cordially



permitting members of my Committee and me to attend this



reconvened Conference today to present a statement for the



majority of residents in the Nashua River Watershed.



         The Nashua River Clean Up Committee was formed in




the summer of 1966 in response to the intolerable condition



of the Nashua River which had become septic and putrid due



to the combination of pollution, draught and hot weather.



The condition of the River was so bad that its stench and



sight were nauseating.  It sickened the people who lived

-------
                                                              235




                  Mrs. Hugh Stoddart






near it, kept business away from stores, made the river



and its adjoining land useless for any purpose and caused



some property to lose all of its value.  We determined



to no longer endure this correctible situation, but vowed



to work ceaselessly to restore clean water to our river.



         It is no longer summer and the draught has passed.



The river looks and smells about the same as it has for the



past 30 or 40 years — real sick, but not quite dead, as it



was in the summer of 1966.  We are still sorely affected by



this ribbon of gray filth (sometimes salmon, milky white or



pea green) that snakes its way through our beautiful country-



side.  Although there is no visible improvement in the quality



of water in the Nashua, we are cognizant and appreciative of



the unseen progress taking place on Federal, State, local



and private levels to clean this river.



         We are grateful for the Federal Water Quality Act



of 1965 which was the necessary forerunner to all subsequent



water pollution abatement action.  The passage of the Massa-



chusetts Clean Waters Act of 1966, as amended, was a most



important milestone towards the cleanup of the Nashua River.



The establishment of criteria for water quality standards and



the modified C classification of the main stem of the Nashua



River with a 5-year time schedule for compliance were equally

-------
                                                              236


                  Mrs. Hugh Stoddart




important milestones towards the cleanup of the river.  The


Committee had hoped that we would be successful in having


the river classified B for its future highest use, and have


been encouraged by an indication of this possibility by


former Commissioner Yasi in a letter sent to us dated


July 13* 1967.  We are submitting a copy of Mr. Yasi's letter


to this conference as a part of our statement.  As an added


incentive for a B classification, we note that the cities


and towns testified at the March 28, 196?, Nashua River


Classification Hearing that they would like to use the land


adjoining the river for recreational purposes.  It is the


present position of the Department of Natural Resources that


they will not acquire land along the Nashua River for open


space or outdoor recreation unless the river is of B quality,


or is assured of becoming B quality.  Therefore, the Nashua


River Clean Up Committee requests periodic reevaluation of


the Nashua River and its tributaries with the expectation


of having its future highest use upgraded.


         The passage of the 1966 Federal Clean Water Restora-


tion Act was significant.  We have been disappointed, however,


in the failure of Congress to appropriate sufficient funds


to adequately implement this Act.  In fact, we are greatly
                                                              i

concerned that the river cleanup program may be slowed because

-------
                                                             237

                  Mrs. Hugh Stoddart

of insufficient funds.  We believe that it would be difficult
for Massachusetts to prefinance the whole Federal share.
         The announcement by the Corps of Engineers that they
plan to incorporate the Federal Water Pollution Control Adminis-
tration water storage requirements for water quality improve-
ment in the North Nashua Reservoir system is important.  We
would like for the Conferees to take special note of this
plan and to encourage and assist the Corps in every possible
way so that the plan will become a reality.  Low flow augmenta-
tion could provide substantial increased flows to raise the
quality of water after all treatment facilities h^Lve been
put into effect and assist in the future maintenance of high
quality water.
         Now, I had expected, Chairman Stein, that the Corps
of Engineers might be here today to present a statement.  I
was told by a person in their office that this was to be so.
I hope that they will have an opportunity to present statements
or their plan to you.
         MR. KLASHMAN.  For the record, Mr. Chairman, if I
may, we did Invite them and we anticipated they would come,
but I have not heard from them.
             *
         MRS. STODDART.  I was told that they would be here
today to present such a statement.

-------
                                                             238



                  Mrs. Hugh Stoddart





         On local and private levels, we are pleased that



the Division of Water Pollution Control time schedules



approved by Secretary Udall are being met. We are particularly



pleased that Mayor Flynn, City Council President Albert, and



the City Coucil of the city of Pitchburg and Pitchburg's



industries, by far the most serious polluters of the river,



have moved fastest to meet their time schedules.  We hope



that the State will be able to decide quickly on a funding



program that will be acceptable to both the city, State and



Federal Governments and that Congress will make adequate funds



available, so that Pitchburg, its industries, and the affected



adjoining towns can move ahead and have their facilities



constructed and in operation by April 1972 - the announced



time schedule deadline.  We are also pleased that Mayor Grossman



of Leominster, the City Council and Department of Public Works



Director Rasicot are working out an agreement with Poster



Grant and Borden Chemical to treat their wastes.  It also



pleases us to know that Lancaster and Atlantic Union College



have formed a sewage abatement district to prepare plans for



the treatment of their wastes.  We are concerned, however, that



with the exception of Pitchburg and its industries, all other



polluters with 1968 time schedules to meet are running a little



late.

-------
                                                             239

                  Mrs. Hugh Stoddart

         We would like the Division of Water Pollution and
Control to adopt the policy of checking periodically with
polluters to determine their progress well in advance of
their deadlines, so that if they are coasting a little,
they can be cranked up and speeded along the way rather than
waiting for their deadlines to come and then checking on
their compliance, thereby setting the program back several
months, a year, or perhaps even more.
         We also wish to recognize the educational efforts
of the Associated Industries of Massachusetts, particularly
those efforts of Mr. William McCarthy, to inform industrial
managers of the work they must do to meet State and Federal
water pollution control requirements.
         We are gratified that the Massachusetts Division of
Water Pollution Control has been forceful in applying its
authority to cause delinquents to meet their schedules.  I
cite the Consent Orders issued Borden Chemical and Poster
Grant as examples.  We hope that the State and the Federal
governments will be absolutely strict in forcing complete
compliance with these schedules.  We view the proper discharge
of this responsibility and authority as absolute essentials
             .*
for the river cleanup.
         We are concerned that the State has indicated

-------
                                                              240





                  Mrs. Hugh Stoddart






satisfaction with the treatment of municipal wastes In Ayer,



Clinton and Leominster, whereas these municipalities do not



chlorinate their effluent after secondary treatment before



discharging it into the Nashua River.  Approval of secondary



treatment for discharge without disinfection does not seem



consistent with the State standards for water quality.



Clinton's unchlorinated effluent creates a special problem



for Lancaster, as they propose to use the land just below



the Clinton outlet for park purposes.  It does seem to us



that the stretch of the river on the South Branch between



the Clinton outlet and the confluence of the North and South



Branches could, at this time, justifiably be reclassified B



from C as its future highest use.



         We are anxious that the State also begin to identify



polluters to the river and its tributaries, other than the



primary ones, and serve them with notices to abate their



pollution.



         And I was very pleased to hear Mr. Cassaza's remarks



concerning identification of some of the additional polluters



on the river and new time schedules for their compliance.  We



certainly favor this action and we hope it will continue.



         The establishment of an adequate monitoring program i



to determine the efficiency of treatment is another concern of

-------
                                                               241

                  Mrs. Hugh Stoddart

our Committee.
         We are worried, too, about the sludge deposits,
algae and duck weed which all constitute a nuisance condition
to the         Because the river is slow moving, suspended
solids from the paper mills on the North Nashua do not fall
out significantly until they reach areas such as Still River,
the Ayer Ice House and Pepperell Pond.  We would like for
the paper mills to consider the removal of even more suspended
solids than are normally removed in secondary treatment in
order to minimize the formation of these sludge deposits. We
hope that the Conferees will give some thought to the control
of these problems.
         An Impressive start has been made to clean up the
Nashua River.  However, it is only a beginning, and a vast
amount of work has yet to be done to reclaim this river.
       £    --'       V
       «<
This will require continuous pressure and strict adherence
to established schedules, as well as the good will and
cooperation of all of the agencies involved.
         I would like at this point to thank you very much,
Mr. McMahon, and, also, Mr. Slagle of your Division, both
of whom have been very helpful to the Committee, and we
             *
appreciate your cheerful assistance.  (Mr. Yasi's  letter  follows.)
         CHAIRMAN STEIN.  Thank you, Mrs. Stoddart.  In

-------
                                                                                  242
                          ^J
                    fi& (9&imn&nu
-------
                                                               243



                  Mrs.  Hugh Stoddart






reading it,  Mrs.  Stoddart repaired two split Infinitives.



I think she  should have the advantage of the repair.



         Are there any questions or comments on this?



         (No response.)



         CHAIRMAN STEIN.  One,  Mrs. Stoddart, I think you



indicated and you know the Corps was not here, but this



notion — and I say this because we have Mr. Yasi's letter —



the notion that he says, "Should the Corps of Engineers or



ether agency studies reveal an  economic justification for




flow regulation and subsequent  water quality improvement



to the B class, we would be most happy to reclasslfy these



subject waters at that  time."   Well, these water pollution



control agencies you know have  nothing to prevent the



Federal Water Pollution Control Agency if we do that or



the Massachusetts authorities,  to ask the Court to provide



low flow augmentation for quality purposes.  In other words,



I do not think we have  to necessarily rely on one of  these



cross studies to come up with what is considered in the



traditional  rules as the economic Justification.  That is



something you people might keep in mind if that is what you



are looking  for in the  B classification.
            *


         MR.  KLASHMAN.   We have, that is, the Federal Water



Pollution Control Administration has.  When commenting on

-------
                                                             244




                  Mrs. Hugh Stoddart






the Corps1 projects when they are submitted to us under



the law, we have asked for stream flow augmentation in



cases like this.  As a matter of fact, in the project it



did come to us.  We did ask for stream flow augmentation.



         MRS. STODDART.  This is why I made the statement



regarding the Corps, that they have, in fact, included in



their plans water storage requirements which were provided



by the Federal Water Pollution Control Administration.  I



was only anxious that the Corps be present today to present



to you their plans so that you would officially know about



it.



         CHAIRMAN STEIN.  Anything further, Mr. McMahon?



         MR. McMAHON.  I have a question, and perhaps you



or Mr. Stein can answer this.



         At one time under Section 3 of the Federal Act —



this is the low flow augmentation of the Federal Act — it



was felt that if the benefits were long-term or national



in scope —



         CHAIRMAN STEIN.  General?



         MR. McMAHON.  Right.



         — the full amount could be paid by the Federal



Government.  However, I had heard in recent months, although



I had not seen this officially, that the Secretary had      i

-------
                                                              245




                  Mrs.  Hugh Stoddart





indicated that this would have to be a cost-sharing




arrangement either with the local or, perhaps,  the State



agencies.  Is this correct, or Is there a policy decision



on this matter?



         CHAIRMAN STEIN.  I had not heard that.   He may



have made that in reference to a specific case.



         I think the law is clear, unless it has been changed —



we are getting into a very visceral subject here — but to



answer you, this has nothing to do with the economic benefits.



In other words, there can be generalized economic benefit for



everyone and we can have storage for low flow augmentation.



Once we decide or the Federal Government decides to put those



features into water resource projects, then we come to another



problem and that is the problem of whether Uncle Sam picks up



the whole tab or is reimbursed.  Unless that can be identified



for helping certain people, this is not reimbursable and



this becomes a different set of figures.



         Generally speaking, water quality for recreational



uses as you are talking here is considered a generalized



benefit and you cannot tack anyone with the cost of that and



make it a reimbursable feature of the project.



         That still throws us back to the first operation,



and we have to show that at least it is going to pay its way

-------
                                                             246
                  Mrs. Hugh Stoddart





and It is going to be worth putting the money in for water




quality improvements.  I do not believe the law has been



changed on that.  I know of no general policy statement,



and any statement that he made which may have related to



a particular case where this might have been so.



       •  MR. McMAHON.  I think it would be interesting to



find out from the Corps Just what their plans are.  I would



also suggest that perhaps the recommendations of the Conferees



could indicate the extensive possibilities of flow regulation



in that particular level.



         CHAIRMAN STEIN.  We may bring that up.  If it is



agreeable to the Conferees, we may want to get together



have the States get together with the Corps or get together



themselves and we can invite the Corps.  If we believe that



low flow augmentation is needed, then we come up with that.



         I think Massachusetts may be the key people, because



you know what kind of minimum flows you are going to need to



ask for or to consider upgrading the classification.  We



have done that before in other areas of the country - make



a recommendation, then if the Secretary adopts  this he will



just present this to the Corps and anyone else as part of



our Federal operation.



         If we have the States with it, of course, we at

-------
                                                             247


                    Donald Boucher



least are in the batters box and we are off and running.


Sometimes we make it.   Sometimes we don't.

         MR. KLASHMAN.   I have no further questions.

         CHAIRMAN STEIN.  Do you have any other people from


Massachusetts?

         MR. McMAHON.   Yes, I do.


         I would like  to call on a Mr. Donald Boucher who

is representing the town of Lancaster.



            STATEMENT  OF DONALD E. BOUCHER

             LANCASTER REPRESENTATIVE FOR


             CLEAN UP  OF THE NASHUA RIVER

                LANCASTER, MASSACHUSETTS



         MR. BOUCHER.   Mr- Chairman, Conferees, ladies and


gentlemen, my name is  Donald Boucher and I represent the
     .. 't:-:
town of  Lancaster in the matter of pollution, and I am also

on the Planning Board.


         Before I get  into this statement,  I just read the

paper, the Worcester paper, that they met in Lancaster on


the Sewer District Commission just last night, which Atlantic


Union College is part  of, and I believe I seen $850,000

was put  together to get this program under way.


         We, the citizens of Lancaster, are appreciative of

-------
                                                             248
                    Donald Boucher

the efforts to clean up the Nashua River.  We welcome
the opportunity to restate our wishes for the uses of the
Nashua River.
         Lancaster is situated where the north and south
branches join together to form the main stream of the Nashua
River.  Therefore, we have many miles of the river flowing
through our town.
         Looking to the future, the comprehensive plan lists
many possibilities to use the river for recreational purposes.
Some of the suggestions have been a park for young people's
recreation, greenways for walking, horseback riding, bicycle
riding, picnics, skiing, snowmobile trails.  None of these
could become a reality if the river is not cleaned up.  We
hope that all responsible agencies will continue their efforts
and that passing time will not see the drive for cleaning •
the river relaxed at all.
         Our town seal bears the words "Lancaster on the
Nashua."  We would once again like to be proud that we are
on the Nashua.
         Thank you.
         CHAIRMAN STEIN.  Thank you, Mr. Boucher.
         Any comments or questions?
         (No response.)

-------
                                                             249





                     Thomas McMahon






         CHAIRMAN STEIN.  If not, Mr. McMahon?






        STATEMENT OP THOMAS McMAHON,  DIRECTOR,



               WATER POLLUTION CONTROL,



       MASSACHUSETTS WATER RESOURCES COMMISSION,




           DEPARTMENT OF NATURAL RESOURCES,



                 BOSTON, MASSACHUSETTS






         MR.  McMAHON.  Mr. Chairman,  I believe this is all



of the people that intend to speak today.  However, I would



like to introduce two gentlemen who are representing their



respective paper companies and who have worked very closely




with the city of Pitchburg in getting this regional scheme



under way.



         The first gentleman is Mr. Peter Hughes  who is



representing the Weyerhauser Paper Company and Mr. Prank



Pendelton who is representing the Pitchburg Paper Company.



         I might ask if there is anyone here from Massachu-



setts that would like to speak that I have overlooked?



         (No response.)



         CHAIRMAN STEIN.  I think, Mr. Klashman,  if that



concludes the .Massachusetts presentation, you might consider




putting your material in on the Federal installations.



         MR.  KLASHMAN.  ME. Stein, before I do that, I just

-------
                                                              250




                     Thomas McMahon






 want to ask Mr. McMahon just a couple of questions before



 we leave Massachusetts.



          CHAIRMAN STEIN.  Yes, Mr. Klashman.



          MR. KLASHMAN.   Mr. McMahon,  I understand that at



 Fitchburg the municipality working with the industries have



 had a consulting engineering firm develop a plan providing



 for secondary treatment.  What type percentage of removals



 of sludge, solids and BOD when it goes into effect?



          MR. McMAHON.  There are two levels of both BOD and



-suspended solids removed.  The first, which was recommended



 for the additional phase, was 90 percent and the second was



 95 percent removal.  This was also correlated with certain



 limitations on the effluent as well.



          I might add that within the standards of Massachu-



 setts we recommended BOD and similar perameters will have



 between 80 and 95 percent BOD removal, again depending on



 the stream classification.



          If it is a large stream, of course,  the-necessity



 for higher removals come to 95.  This is not required.



          On small streams such as the Nashua you do have



 to require a high degree of treatment.



          MR. KLASHMAN.   In the definition of "secondary



 treatment" you are saying that in many cases you are going

-------
                                                             251




                    Thomas McMahon






to achieve 90 percent removal.  What you are talking




about IB 90 percent removal?



         MR. McMAHON.  Yes.



         MR. KLASHMAN. In what cases would you go below the



90 percent?



         MR. McMAHON.  That Is a poor question.   I really



cannot answer that offhand.  I think Mr.  Cassaza indicated



one project that we have here in Massachusetts now, and this



is on a research grant, and that is to really determine the



present and, also, the future of trickling filter plants



within the Commonwealth of Massachusetts.



         The trickling filter operation does a good job in



the summertime,  but in the wintertime the deficiencies get



down below or minimum 80 percent.  So we are quite interested



in trying to see what additional form of programs of phosphate



removal or recycling, if we can, to upgrade these trickling



filter plants.



         Generally speaking,  I cannot really give you one



right now that is below 90.  I think there may be some.



         MR.  KLASHMAN.  In general, would it be fair to say



that when you are talking about secondary treatment, what



you are really saying is that you are requiring 90 percent



unless the standards can be met with something like a

-------
                                                              252



                    Thomas McMahon






trickling filter in which you might get 85 percent?



        MR. McMAHON.  I will give you two that Mr. Cassaza



just informed me about.



        On the Merrimack we have two, not huge communities,



but we have two communities which we figure BOD removal of



about $5 percent.



        CHAIRMAN STEIN.  I think this is one of the questions



we are going to have to probably consider in the conclusions.



Maybe I have a suggestion for doing this.



        Mrs. Stoddart raised this question, too, on the pulp



and paper waste, again with solids - suspended solids with



secondary treatment.  The difference is that when you talk



about secondary treatment no one knows precisely what that



means.



        Now, I think if we are going to come up with



recommendations here, we will have to be a little more precise.



I think the time has come when we are dealing with this



problem and not just taking out mass pollutants as we were



in the past.  This notion of just saying "primary" or



"secondary" or "tertiary" treatment is not enough.  We are



going to have to be more consistent.  Because throughout the



country, for example, we can run primary pollutants, just



using BOD as a measure, anywhere from at least 75 in one State

-------
                                                               253
                     Lester Klashman



to 95 in other places.   Between 75 and 95 is a big spread.

That may be the whole difference whether a river is polluted

or not.

        In primary treatment we run all the way sometimes

from 25  percent up to 50,  60.

        Again, if we are talking about trying to regulate

this with any precision and you are talking about these

water quality standards, where you have terms with a spread

like that, you do not have very much.   I hope we will be

able to  get at that possibly a little.

        Are there any other comments?



STATEMENT OF LESTER KLASHMAN, DIRECTOR, NORTHEAST REGION,

            U. S. DEPARTMENT OF THE INTERIOR,

    FEDERAL WATER POLLUTION CONTROL ADMINISTRATION,

                 BOSTON, MASSACHUSETTS



        MR. KLASHMAN.  I am finished.   I would just like to

make one thing clear though.

        I would like to enter into the record a status report

on the Federal installations, and I have given to the Conferees

and the  Reporter a list of the Federal installations in the
            *
Merrimack River Basin and Nashua River Basin.


       (The above-mentioned Status Report follows.)

-------
FEDERAL INSTALLATIONS IN MASSACHUSETTS - MERRIMACK RIVER CONFERENCE AREA
                                                                       \
                            Discharge Quantity in GPP
                                                                                                    254
Instn.lj-ation Agency Location
Army Housing Area

Research Annex
L.G. Hans comb Field
L.G. Hanscomb Field
Fort Devens
ReseETe-? Training Centei
Maynard Q.M. Text Activi
Q.M. Research &
Engineering Center
t*
Nike Boston Site 73CL&H
Nike Boston Site 83 CL&fi
Veterans Admin. Hospital

Parker River Hq. Unit
Parker River Rec. Area
Merrimack R. Lifeboat Sti




1
Army

Air Force
Air Force
Air Force
Aray :
Havy
ty Army
Army
Bedford, Middlesex Co.

Bedford. Middlesex Co.
Bedford, Middlesex Co.
Bedford, Middlesex Co.
""crt Devens. Middlesex Co.
Lowell, Middlesex Co.
Maynard, Middlesex Co.
Natick, Middlesex Co.
" ii ii
i
i
Lincoln, Middlesex Co.
ii
Rllfl •? nrr+<->n M-i /^/ll AO AV ' fr*
V.A. (Bedford. Middlesex Co.
i
Bureau of Sport
Fisheries&Wildlife faewburyport , Essex Co.
i
V V
i. Coast Guard

n

i
i
i
i
i


] \
I \
i i U
Sanitary Industrial
9.600

7sn
800,000

1.7«50.0on
900
13,500
23U.OOO

10,000
n QQQ
S , v w
2^0.000

600
75
1,100






- C

f
3.000 N
2.000 £




s? nnn













Discharged To Comments
Jround

I-rrmnri
let. District Sever
>hawsheen River
r.Tr\-\\f\e\
Ground
Ground
Natick Tovn SPVPT
.oVp Pp»r*V> *i ^V>no"f" ^
flyonnfl
Ornunfi
Potash Brook

Ground
Ground
Ground






feptic tanks & .leaching
ifelds: Plans are being
developed to tie into
Bedford Sewer System.
Septic tank & leaching
field.

goagulation. Aeration,
cum Removal & Settling
Tmhnff t.nnVs t.r. c^nfl "h»ds
Septic tanks & leaching
fields .
it

PVll /IT*! not or) P/~i/~i"l •? n rr rjo4-^-^
Septic tanks & leaching
field.
Primary settling.activatffll
sludge&leaching drain fleJds
Primary settling ? trickling
'liter, sec. settling, sand
filters , & chlorination
Septic tank & leaching field
3 pit privies
Septic tank & leaching field







-------
FEDERAL INSTALLATIONS IN NEW HAMPSHIRE - MERRIMACK RIVER CONFERENCE AREA




                            Discharge Quantity in GPP
255
instri.lla-cicn Ardency Location
Nashua Nat. Fish Hat.
ii
n
Franklin Falls Flood
Control Reservoir
tr
Blackwater Flood
Control Reservoir
ii









Fish&Wildlife Service
n
ii
Corps of Engineers
n ,
ti
n





Prop, without City Ident.
Hillsboro Co.
n
n
Franklin, Merrimack Co.
n
Webster, Merrimack Co.
tt





!
t



i




















i \
Sanitary Industrial
200
150

600
1» people /day
300
k people/day


















2,500,000







1








*



Discharged To Comments
Nashua City Sewer
Ground
Nashua River
Ground J
Ground
Ground
Ground












X




Jeptic tank & leaching field
Overflow water from fish hath.
sptic tank & leaching field
2 pit privies, used intermittaa
tly by visitors to the dam
Septic tank & leaching field
1 pit privy, used intermittent
ly by visitors to the dam

















-------
                                                             256
                    Lester Klashman





        The only Federal installation where  we  do  have  a



problem is the first one,  which is  the Army  Housing  Area



at Bedford, and in that case there  are some  septic tanks



serving some individual homes where the leaching fields are



not doing a proper job.  Plans are  being developed to tie



into the Bedford sewer system.



        CHAIRMAN STEIN.  When is that going  to  happen?



        MR. KLASHMAN.  We do not have a date.   We  will  have



to get one and submit it for the record.



                  (SEE APPENDIX B)



        CHAIRMAN STEIN.  What would we have  done if  the State



came with an answer like that on one of its  municipalities?



        MR. KLASHMAN.  We would have had to  give them time to



get a date.



        CHAIRMAN STEIN.  I hope you do not expect  reciprocity



on that one,-



        MR. KLASHMAN.  Thank you, Mr. Stein.



        CHAIRMAN STEIN.  Do you have anything,  Mr. Healy?



        MR. HEALY.  No.  I am having trouble keeping up with



these exchanges.

-------
                                                             257
                 Closing  Statements





        CHAIRMAN STEIN.   Yes.



        Let me try to  get this  in.   If  we  have nothing  else,



we have to try to get  into the  summary  of  this.



        Possibly we have  one thing to resolve.  We  have to



get a precise listing  from both States  and the Federal



Government of all the  sources that we have listed here, with



the additions we have, and, at  a minimum,  the dates or  the



type of treatment that we are going  to  ask for, i.e., both



industrial and municipal.  Also I would suggest when financing



is to be arranged, final  plans  and specifications,  start of



construction and complete construction. Is that reasonable?



I suggest we do that for  everyone, including the Federal



installations — and there is  just one  that is outstanding  with



a date — so we will have those dates for  all people to see.



        Now, in addition  to that, as a  writeup, at  least in



the briefing memorandum to the  Secretary,  we will   have to



come up with an explanation on  the deviation from the dates



that we have had so far from the approval  of the standards.



As I take it, the recommendations, certainly of the Federal



Conferee, will be to approve those that Massachusetts has



submitted?



        MR. KLASHMAN.   On Massachusetts I  have no  objection.



I would recommend that those dates be  approved.

-------
                                                              258





                   Closing Statements





        As far as New Hampshire is concerned, the dates that



they submitted with the standards which the Secretary approved



we think are good dates, with the exception of the dates that



he took exception to, and that was Manchester, Concord and



Plymouth.



        CHAIRMAN STEIN.  I wonder if we could come to an



agreement on that?



        MR. KLASHMAN.  I would like to have Mr. Healy talk



to this.



        CHAIRMAN STEIN.  How did the other dates run, generally



 I mean, except for the other communities?



        MR. KLASHMAN. They were consistent with Massachusetts.



In other words, the outside date I recall was 1974 or 1975•



        MR. HEALY.  The outside date was 1977-



        MR. KLASHMAN.  That was for Manchester, but for the



other communities 	



        CHAIRMAN STEIN.  Except for Manchester, Concord and



Plymouth, the other dates are to be completed in the early



seventies.  Is that correct?



        MR. KLASHMAN.  It was before 1975 if I recall correctly.



        Is that right, Mr. Pahren?



        MR. PAHREN.  Boscawen is 1975-



        MR. KLASHMAN.  My recollection is that they were all



1975 or less that the Secretary approved.

-------
                                                              259
                   Closing  Statements






        CHAIRMAN STEIN.   Then the  only three  we  have to do  	



I hope we can resolve this.   If we can,  what  we  can do is



resolve the situation for the enforcement  dates.  Also we



can make a recommendation whereby  we  can move forward, hope-



fully, by making a recommendation  that the Secretary approve



the standards on the Merrimack for New Hampshire.  Because



you cannot very well approve a date for the enforcement dates



without doing the other  two simultaneously.



        Now, we have the dates in  the  recommendation.  Do



you have any suggestions or alternatives on the  dates for



Manchester, Concord and  Plymouth?



        MR. HEALY  I would  like, if possible, Mr. Chairman,



to make a broader statement than just  these three communities,



because there are many others in the  watershed.  In order for



you to achieve your objective and  for us to likewise reach  a



successful conclusion for the State of Massachusetts, which is



downstream, we ought to  have some  understanding  of what the



whole program or what the target date  for  which  we are shooting



for is.



        We indicated in  the submission of  our water quality



standards that 1977 would see the  completion of  the Merrimack



River pollution control  program in New Hampshire.  As I  said



this morning, in doing so we anticipated full Federal appropri-

-------
                                                              260





                   Closing Statements





ations, because our experience leads us to know that



communities will not proceed without their fair share of



all sources of funds.  Now, there has already been a delay



in receiving funds at that level.



        I might insert this, too, Mr. Chairman:  That the



Secretary indicated in reviewing our standards that he would



like to see us shoot for 1976 as a completion time rather



than 1977> and we, in good faith, would like to do this.  I



think we have suggested that if we possibly can meet the 1976



date we will.



        Now, from what was said this morning, too, by many



of the spokesmen from New Hampshire, there is in process



legislation to begin a prefinancing system to assist us in



overcoming the difficulty and inadequate Federal funds.  We



would like to add here to the original time schedule.  In



fact, we think we must do so.  We think even with prefinancing,



if we can assume it is enacted by the Legislature, that this



will be required to satisfy those initial dates.



        What I am saying is I think we ought to stay with



the 1977 dates for the whole watershed.  If we can make it in



1976, fine.  If we 	  Well, I will not make any further



guesses, but I think that is where we stand.



        We have examined this schedule with the State of

-------
                                                              261
                   Closing statements





Massachusetts authorities.  So far as we are aware,  they



are quite satisfied with the New Hampshire submission.



        If I can leave it at that point, I would like to.



        I would say, too, that as far as Plymouth is concerned,



we had suggested in our original submission that the necessity



for secondary treatment at Plymouth is not compelling.   We



want secondary treatment in all sources of pollution as a



necessary item to make our waters as clean as possible, but



we have got to also utilize our funds to the greatest advantage,



We thought that Plymouth could be delayed for some long time



into the future, but the Secretary, apparently,  does not agree



with us in this matter.  So it has been inserted now in the



record, and I suppose we will have to take that  into account.



        I could add, Mr* Chairman, we have in the legislation



now in process included four communities in this watershed for



special prefinancing by the Legislature.  Those  are Nashua,



Manchester, Concord and Plymouth.  Does this help any?



        CHAIRMAN STEIN.  Yes.  We do not have a  problem on



the date in Nashua.



        MR. KLASHMAN.  The Manchester date we had was 1974.



Bo I understand what you are proposing is that the completion



date for Manchester would be 1976?



        MR. HEALY.  We said 1977.

-------
                                                              262
                   Closing Statements





        MR. KLASHMAN.  I know you said 1977, but you said



you thought you might be able to do it in 1976.



        MR. HEALY.  Yes.  BUT; we said that not only for



Manchester but the entire program.



        MR. KLASHMAN.  But what we really have to come up with



is Concord and Manchester.  On Manchester what would be the



date for final plans and specs in starting construction?



        MR. HEALY.  Right now, as was indicated to you by



Mayor Mongan this morning, there is a question about the



engineering fees as to what is a fair fee.  This, incidentally,



involves the preparation of final plans and specs for the



initial project.



        MR. KLASHMAN.  When do you think, though, that they



will be done?



        MR. HEALY.  I would think, being as optimistic as we



can, we should still say 1977 for Manchester, with the rare



possibility that 1976 might be in prospect if we get pre-



financing .



        MR. KLASHMAN.  What would be the date of final plans



and specs?



        MR. HEALY.  For this initial phase, I think that the



final plans would be completed in 1970.



        MR. KLASHMAN.  So that would be December  1970.  What

-------
                                                             263
                   Closing Statements

about starting construction?
        MR. HEALY.  They would start construction then on
the first project, which would be completed by 1972.
        Now, we had anticipated 	
        MR. KLASHMAN.  Excuse me.  The first project  for
Manchester, what would that consist of?
        MR. HEALY.  This would consist of the primary
treatment facilities and the first phase of the interceptor
program, but we want to incorporate the design of the
secondary treatment along with the primary system because
we think that is the best way of proceeding.
        MR. KLASHMAN.  That would be done by 1972?
        MR. HEALY.  This first phase, yes.
        MR. KLASHMAN.  I mean the construction would  start?
        MR. HEALY.  Would have to begin in 1971.
        MR. KLASHMAN.  1971?
        MR. HEALY.  Yes.
        MR. KLASHMAN.  And it would be done in 1972?
        MR. HEALY.  1972.  That is what we have discussed
with the city, and I think we have assured your office of
this.
                     *
        MR. KLASHMAN.  In other words, by January  1971, it
would start, or I guess it would be 	

-------
                                                              264




                   Closing Statements






        MR. HEALY.  Well, probably a little later on.



        MR. KLASHMAN.  Probably May of 1971?



        MR. HEALY.  April or May of 1971.



        MR. KLASHMAN.  It will be completed when?



        MR. HEALY.  By the end of 1972.



        MR. KLASHMAN.  That is primary.  That is the first



project.  What is the second project?



        MR. HEALY.  Then you begin a long or a series of



several projects to complete the interceptor system.  We



have the notion that it is far better to invest the money in



primary treatment and complete interception for the city



sewerage and industrial waste problems and, therefore, place



all waste under treatment, a minimum level of treatment,



rather than to focus attention to getting secondary and still



be treating only a very small portion of the flow.



        MR. KLASHMAN.  Your second phase then, when will the



interceptors be done?  The completion date I mean.



        MR. HEALY.  I would have to look this up.



        MR. KLASHMAN.  I just want to get one thing.  The



third phase would be the secondaries.  Is that right?



        MR. HEALY.  The secondary, we think, is the last



thing we do.



        Mr. Lacava is the Chief Engineer for the Commission.



        MR. LACAVA.  The secondary phase will not be constructed

-------
                                                              265





                    Closing Statements






until after the city is under full primary treatment.



        CHAIRMAN STEIN.  As I understand this —  let  us  try



to work this out — if your philosophy is that you are going



to have primary treatment in,.you will have primary treatment



in by the end of 1972, at least as to Manchester?



        MR. HEALY.  We will have the primary treatment plant



built.  That is, the beginning of the primary treatment.  It



will not all be built at one time.



        MR. LAVACA.  It will be up to a capacity  of 20 million



gallons.



        MR. HEALY.  Twenty million gallons of the initial



project and the final is 40 million gallons.



        CHAIRMAN STEIN.  When will that be done?



        MR. LACAVA.  It will all be done by 1977-



        CHAIRMAN STEIN.  The primary by 1977?



        MR. HEALY.  No.  We are talking about the complete



program.



        CHAIRMAN STEIN.  When will the primary program be



completed in Manchester?



        MR. LACAVA.  The 20 million plant will be completed



by 1972.  That will be built along with the first phase



interceptor.



   ,     MR. KLASHMAN.  What is the flow now?

-------
                                                          266




                   Closing Statements





        MR. LACAVA.  Something in the vicinity of 16 million.



        MR. KLASHMAN.  That will take care of the immediate



problem.  The 40 million is for the future?



        MR. LACAVA.  les.



        CHAIRMAN STEIN.  In other words, you probably will



have to build more interceptors, but you feel that by the



end of 1972 in Manchester you will have relatively the complete



flow — and I am not talking about stormwater — the complete



flow interceptor and primary treatment?



        MR. HEALY.  No.



        CHAIRMAN STEIN.  How much will go in bypassing the



plant by the end of 1972, dry weather flow?



        MR. LACAVA.  This is just an estimate, but I submit



that probably six to seven million will be under treatment



at that time.  It might go as high as 10 million.



        CHAIRMAN STEIN.  In other words, about half your flow



will be handled by 1972 and the other will not?



        MR. LACAVA.  That is true.  There is a question of



more interception you see.



        CHAIRMAN STEIN.  I understand that.  If I understand



your theory correctly, you want to get all this stuff under



primary treatment but you are only putting half of it in.



I do not quite follow this.  If we are going to go along with

-------
                                                             267




                   Closing Statements






this theory 	



        MR. LACAVA.  It is no theory,   Mr.  Stein.   It  is



just a matter of funds and capacity to meet 	



        CHAIRMAN STEIN.  No.   No.   I did not mean  the  theory



in the sense that you are going ahead  with  the  theoretical



operation.   If your philosophy is  to get a  whole city



covered with primary treatment and put in secondary treatment,



this may be a line of approach that I  wanted to explore.   But



if what we  are coming up with is just  half  the  city flow



being given primary treatment, then really  we are  not  following



through on that, are we?



        MR. HEALY.  I think you misunderstand.



        What he is saying is the first project  and the reason



we had to approach it in this fashion  was because  of the



relative amounts of- Federal aid that we received dictates



that if we  are going to have more  than Manchester  under way



at any one  time, well, we have got to  not funnel all the  funds



at that point and leave others destitute of the system.  So



we have to  try to keep work going in different  watersheds.



As has been indicated, 1972 would see  about half the flow



under treatment.



        Then we continue right on with one  project following



another to  extend the interceptor system to pick up other

-------
                                                            268





                   Closing Statements





increments of the flow so that by, approximately,  1975 we



will have everything under control as far as 	



        CHAIRMAN STEIN.  Primary?



        MR. HEALY.  	 primary treatment is concerned.



        CHAIRMAN STEIN.  In other words, what you are going



to do is put in the primary facilities, and let me see if I



can state this, primary facilities to handle your present



flow — that is, without the expansion — by 1972.  But



because of the interceptor problem, only about half of that



will receive primary treatment in 1972.  You do not expect



the primary, the interceptors, to be completed until 1975 when



the whole city should be getting primary treatment.  Is this



a fair statement of what you are doing?



        MR. HEALY.  That is correct.  Then we would go right



ahead at that point with construction of secondary treatment



and complete the entire project by 1977-



        CHAIRMAN STEIN.  All right.  Now, how do you expect



to do this in Concord?  Is that about the same?     °  9cf



        MR. KLASHMAN.  No.  Concord is less.



        CHAIRMAN STEIN.  You had less time?



        MR. KLASHMAN.  I think they did, too.



        MR. LACAVA.  Concord is already behind schedule



because of an intercommunity difficulty at the Boscawen-

-------
                                                            269

                   Closing Statements


Concord line and due to the fact that there is a common

industry there, a tannery operating within the confines of

both communities.  I think this question has been resolved.

I think they will be going into plans and specifications for

that section of town immediately.  These plans and specifica-

tions should be completed within a year and 	

        MR. KLASHMAN.  So that would be 12/69?

        MR. LACAVA.  Yes, that sounds reasonable.  They

should go into construction the following spring.

        CHAIRMAN STEIN.  Do you have the same kind of inter-

ceptor problem at Concord?  When you finish your primary

plant in Concord, will you be receiving substantially all

of the city sewage in the system?  Is it the same kind of

problem that you have, in Manchester?

        MR. LACAVA.  No, it isnft.  This is a two-system

setup.  The system I am speaking about is at the north end

of the community serving the town beside Concord.  That

will be completed within two years.

        MR. KLASHMAN.  In other words, they start construc-

tion April, 1970, and they will be done by December of 1972?

        MR. LACAVA.  Yes, assuming, of course, that there

are funds available.

        CHAIRMAN STEIN.  No.  We understand that assumption.
  \

-------
                                                            270



                   Closing Statements



What I am getting at, Mr. Lacava, is how much of the waste

from the sewe raged population in Concord will be served by
      •\
that plant in 1972 when it is completed?  Will you cover it


all?

        MR. LACAVA.  No, not at all.

        CHAIRMAN STEIN.  What percentage will be covered when

this plant is finished?

        MR. LACAVA.  Because of the industry, which is a

wet industry, a tannery, I'd say perhaps 40 percent - 30,

40 percent.

        CHAIRMAN STEIN.  How will you pick up the rest of the

waste?  Are you going to have to build another plant or more


interceptors?

        MR. LACAVA.  Yes, there will be more interceptors

at the south end of the town.

        CHAIRMAN STEIN.  You are going to pick up 40 percent.


How much more of the waste will go into the first plant that

we are talking about with the interceptors when you finally

get completed?  In other words 	

        MR. LACAVA.  There will be no more, sir.  There will

be just the 30 or 40 percent.

        CHAIRMAN STEIN.  The south plant will take care of

60 percent of the waste.  Is that right?

-------
                                                               271
                    Closing Statements


         MR.  LACAVA.  Right.

         CHAIRMAN STEIN.   When will that  be  completed?

         MR.  LACAVA.  I really do not remember what  the

 schedule is  for the remainder.
                         v^
         MR.  HEALY.   I would have to look at it,  too.

         CHAIRMAN STEIN.   That is just  primary treatment,

 right,  so far that  we are talking about?

         MR.  LACAVA.  Yes.

         CHAIRMAN STEIN.   When you intend to put  secondary

 treatment in Concord, are you going to have two  secondary

 treatment plants—one at the north and  one at the south  end

 of town?

         MR.  LACAVA.  That will be necessary.

         CHAIRMAN STEIN.   This is as far  as  we can go.

         In Plymouth what is your situation  when  you build

 your primary treatment plant?

         MR.  HEALY:   They are  building  that  now.

         CHAIRMAN STEIN:   When will  that  be  completed?

         MR.  HEALY:   It should be  completed  next  fall.

         CHAIRMAN STEIN:   Next fall  in  Plymouth, how much of

 the  town will  that  cover?

         MR.  HEALY:   Ail  of  the town.   The town has a lagoon

 serving  a small  portion  of  the community, probably less than
   \
 20 percent and the  remainder  is going  to be  treated in the

plant that is under construction now.

    \

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                   Closing Statements





        MR. KLASHMAN.  Mr. Healy, the date in the standards



for Concord was December of 1975.  That was the date that



you had proposed.  That was for secondary?



        MR. HEALY.  That was for secondary.



        MR. LACAVA.  That sounds very much like it.



        MR. KLASHMAN.  So do I understand that when you



buildjthe south end of the town, is that going to be a



secondary plant or is that going to be a primary plant,



too?



        MR. HEALY.  The initial proposal was for a primary



treatment plant.  Now, of course, we have had to modify those



plants to include secondary.



        MR. KLASHMAN.  So, ultimately, the December  1975.



date is secondary?



        MR. HEALY.  Those four communities I referred to -



Nashua, Manchester, Concord and now Plymouth because this



has been an added requirement  - are all going to have to



be secondary plants.



        MR. KLASHMAN.  Let me just make sure I understand



now.  The Concord, the north end primary plant, that first



phase in the north end plant, is that going to be a  secondary



plant or primary?



        MR. LACAVA.  The first phase will be primary.

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                   Closing Statements






        MR.  KLASHMAN.   And that will be the  12/69 and 1972



dates that you gave,  completed by 1972.  But by December  of



1975 you will have completed secondary for the north end  and



for the south end of  town?



        CHAIRMAN STEIN.  In Concord?



        MR.  KLASHMAN.   Yes, that is the date.



        MR.  LACAVA.  That will have to be —



        CHAIRMAN STEIN.  December of 1975?



        MR.  KLASHMAN.   Yes.  And the dates for planning and



starting construction will have to be  worked out.



        CHAIRMAN STEIN.  The date is for 1975 in Concord



for secondary.



        What is the last date for secondary, December 1975»



in Plymouth?



        MR.  KLASHMAN.   That is Concord.  Plymouth I did not



not get the dates.



        MR.  HEALY.  There was never one established for



Plymouth.



        MR.  KLASHMAN.   What would they be?  Do you think  you



could meet December of 1975?



        MR.  HEALY.  If the Legislature accepts our proposal.



        MR.  KLASHMAN.   Could you start in 1975?



        MR.  LACAVA.  The planning could start.

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                   Closing Statements

        MR. HEALY.  The planning could start, but not until
1970.
        MR. KLASHMAN.  By April of 1970?
        MR. HEALY.  Yes.
        MR. KLASHMAN.  And it could be finished in Plymouth
by December of 1972, right?
        MR. HEALY.  Yes.
        MR. KLASHMAN.  And the plans and specs would be done
by December of 1969?
        MR. LACAVA.  We would need more than eight months.
        MR. KLASHMAN.  Why not leave it December  1975.
        MR.HEALY.  I would think so.
        CHAIRMAN STEIN.  When is the completion date of the
secondary?
        MR. KLASHMAN.  1972 for Plymouth.
        CHAIRMAN STEIN.  On secondary?
        MR. KLASHMAN.  Yes.  In other words, he is doing
better than what we had recommended.
                                       •
        CHAIRMAN STEIN.  December of 1972?
        MR. KLASHAMAN.  Yes.
        MR. HEALY.  All of this we are saying pyramids here,
because this is all based on the Legislature doing certain
things.

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                   Closing Statements





        CHAIRMAN STEIN.  Let me say we recognize this.   It



is the same as the problems that they have in Massachusetts.



        Let us do this:  We are setting the tentative plans



and we will give in the  Summary the notion of what you have



to have, certain prerequisites, in your opinion, of legislative



financial action.



        In Plymouth we are sure to have the secondary facility



built by December of 1972; in Concord by December 1975-  Is



that correct?



        MR. KLASHMAN.  Yes.



        CHAIRMAN STEIN.  The only one we have to arrive at



is Manchester, and I think you talked 1975.



        MR. KLASHMAN.  No.  We had 1974.



        CHAIRMAN STEIN.  He had 1974.  You had 1975-



        MR. KLASHMAN.  He had 1977.



        MR. HEALY.  1977, yes.



        CHAIRMAN STEIN.  Do you think we can make that with



a prayer, December of 1977, and let you work these dates out



on the other three and set this to rest with your 	



        MR. KLASHMAN.  I think he can accept the 1976,  and if



Massachusetts has no objection with what he has to do,  I



would be willing to recommend that we accept it.



        MR. LACAVA.  They are talking about a $20 million

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                   Closing Statements






plant, Bill, and there are many problems in that city.



These problems take time to resolve.



        MR. HEALY.  I am willing, with the appropriate



reservations, to attempt to make the 1976 date in Manchester —



but I am doing it with tongue in cheek 1'



        CHAIRMAN STEIN.  We recognize that.  I think we are



going to have to have several things here.  Let me try  to



summarize this.



        The Conferees, we will come up with a time schedule on



what has to be done with cities and industries.  We will indicate



New Hampshire reservations - that it has to be contingent in



New Hampshire on legislative action by the State Legislature



and the provision of financing.  We also will indicate  that



this is a very complex problem.



        I would hope that we would get these dates, and I will



say I am just giving the conclusion of the last date:



        For Plymouth, December of 1972.



        The secondary treatment of Concord, December 1975-



        Manchester, December of 1976.



        I think, in order to work this out, and we have had



this in other areas of the country and I want to suggest this:



That what we are going to have to do is plan on about a six-



month progress meeting where the States and the Interstate

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                   Closing Statements






Agency will come in and report to everyone in the Federal



Government on developments.  As we go along,  we will be



able to mark more and more industries and cities completed.



But we will have to make refinements and adjustments in the



dates or recommendations, because I do not know if the



Secretary is going to accept it, and I surely do not know



the next Secretary.  But we will have to make recommendations



the way we made it in Massachusetts on these dates.



        The reason I say this to get started, and I state it



candidly, he had one that he is two years behind.  I do not



think there is any point in belaboring that; but I think we



have to get a frame of reference to set this up community by



community so we know what we are doing.



        MR. KLASHMAN.  That is what I wanted to find out,



what Massachusetts has to say.



        CHAIRMAN STEIN.  Yes, both States, because we are in



agreement with this.



        MR. HEALY.  Before you consult with Massachusetts —



and I want it to be taken in the proper spirit, because it is



intended in the vein of cooperation and not to frustrate



anybodyfs efforts; and I think we all have to be on the same



wave length here, we here; and I am sure if you attended any



of our legislative hearings you would see what I mean — the

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                   Closing Statements

State reels that this is a three-party obligation, State,
Local and Federal.  Now, we are going to make our very best
effort to obtain prefinancing because of the inadequacy of
Federal funding, but we regard that as an obligation.  If
we are unsuccessful, the only alternative that we see -- and
it is not very palatable to us — is a slowdown in the program.
        We know that that does not help anybody, because, as
you  said this morning, Mr- Chairman, the costs are increasing
all  the time and we do not want any delays because it just
meai. ; more expense for everyone.  But that is the ultimate,
and  we might as well face it — that if we cannot obtain pre-
financing, then we are going to have to consider a change in
the  schedules.  This has already been recognized by our people,
by Mr. Edwards and others at that level; and -nch as we dislike
the  prospect, there it is.  This is not, however, going to make
us deviate from a real strong effort for prefinancing this/y^ ,
session.
        MR. PELOQUIN:  I was going to add, Mr. Chairman, along
this line that I would like to suggest that the Summary show
the  State and Interstate Conferees urged Federal support of the
appropriations in the full amount as authorized for construction
purposes.
        CHAIRMAN oTElN:  That will be done, but under law we
cannot do that.
        MR.  KLASHMAN:  Do I understand, Mr. Peloquin, that you

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                                                                 279
                       Closing Statements
have  no  objection  to  the  differences  in  the  dates between



Massachusetts  and  New Hampshire?



         MR.  PELOQUIN:   I  do  not object to  the  dates.   They  are  close



enough.  There is  only  one community  here, Manchester, where  there



is  a  gap - the largest  gap of any community.   I  think  this  is



something we can live with.



         MR.  KLASHMAN:   And you, Mr. McMahon?



         MR.  McMAHON:  Mr. Chairman, if Mr. Healy believes he  can



meet  these dates and  he is convinced  that  this program can  move



along, I certainly would  agree.



         "ow, I would  just certainly like a little confirmation  on



this.  I think what we  are doing here is perhaps trying  to  compromise



on  something that  is  maybe unrealistic,  and  I  think we would  be



doing everyone a disservice  if we »**«» ^oing  that.  I would  go back



to  Bill  Healy  and  say that if this is unrealistic, perhaps, we



should look  at it  a little more.



         This is probably  something the Secretary would accept,  but  —



         CHAIRMAN STEIN:  Well, let me try  to do  this:  I do not



think this is  done in a spirit of compromise.  We know the  way  the



various  laws are written.  Goodness knows, I wish we would  implement



all the  laws.



         Now, the question here is we  have  an enforcement date and we



have  to  have standards.  With these things not approved, we find  an



inhibition of  moving  ahead in getting a  grant  and so forth.   I  do not



thi'pk you have that prrblcr  in Massachusetts vis-a-vis New  Hampshire.

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                                                                 280
                       Closing Statements
We do have that problem in New Hampshire.


        Now, operating on this in good faith and what we can stand,


I think what we need is a base line to move from.  I think that in


the absence of that base line we are going to have certain things


not resolved.  Now, I do not think that helps either the Federal


program or the New Hampshire program until that is resolved.  I


think we have a formula where we have a good chance of getting this


resolved with the notion that we are going to have, as we had with


your program, even when it was resolved, periodic meetings to make


adjustments in those dates as you have problems.


        Now, unless we resolve it there may be a technical limitation


on eligibility of certain communities for maximum grants in


Massachusetts in certain cases, and unless we update 	


        MR. McMAHON:  I agree with New Hampshire statement.


        CHAIRMAN STEIN:  All right.


        Briefly, do you have another point?


        MR. KLASHMAN:  Yes, there are three other communities that I


wanted to discuss before we leave the schedule.


        CHAIRMAN STEIN:  All right.


        MR. KLASHMAN:  I understand that Pembroke and Alienstown


were not in the original standards submission but that they are



sources of pollution?


        MR. HEALY:  They are on tributaries.


        MR.KLASHMAN:  They are not on interstate streams?



        MR. LACAVA:   They are on the Suncook River.   That has

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                                                            28J


                   Closing Statements


not been declared an interstate stream.

        MR.  KLASHMAN.   That does not affect the main stream?

        MR.  HEALY.  This was reviewed with your office.

        MR.  KLASHMAN.   Do you have any comment, Mr.  Pahren?

        MR.  PAHREN.  No.  We have not made any changes,  Bill.

The information you sent to us on March 15, 1965 $  indicated

that there were sources of pollution to the Merrimack and

our staff has seen the pipes.

        MR.  KLASHMAN.   What do you mean?  Do they discharge

to the Merrimack or Suncook?

        MR.  PAHREN.  Merriraack.

        CHAIRMAN STEIN.  Well, we have had this before.   Let

me suggest the solution that we have worked out with the

Great Lakes States here.

        This is a factual situation.  Obviously, sitting in

the room we can't resolve this.  I think the areas we had

today were expanded on by Mr. McMahon with several sources

he did not list before.  I would suggest that to get this

program under way and get these rough edges down - and we

always come to this point - between now and the next few

weeks, hopefully before the next progress meeting, come to
                                          >
a factual determination on whether they should be included or

not.I  I am sure there will not be a difference because I

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                   Closing Statements






never heard of one of these factual things that could not



be resolved by the technical staff.  But if there is we can



hear the different points of view.



        MR. KLASHMAN.  If these are intrastate, then we have



no concern.



        MR. HEALY.  Both of them, I can say this, Mr. Chair-



man, have completed their preliminary planning.  They are



in the process of getting final plans and specs under way.



So they are both going to have projects, anyhow.



        Now, the exact status of whether they should be in



the interstate package or intrastate, they will be in the



program.



        MR. KLASHMAN.  But' in the early part of 1970?



        MR. HEALY.  I wish you would not keep prompting me.



        MR. KLASHMAN.  What I meant is those are not 1977



projects.



        MR. LACAVA.  Well, they will be no later than 1977.



        CHAIRMAN STEIN.  I think those communities will be



waiting for «, le first list.  I know that the engineers love



to dissect BOD's, but let us try to get out if we can.



        MR. KLASHMAN.  One other thing.  On the Hudson there



were some dates where the final plans were supposed to be



done in August of 1968 but that was not met.

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                                                              263
                   Closing Statements






        MR. HEALY.  They are a special case.



        MR. KLASHMAN.  Will you be able to submit  new dates?



        MR. HEALY.  I think we will be able to put in new



dates.  There is a question whether they are going to connect



to the city of Nashua system or build a plant of their own,



but there is an engineering study under way.



        MR. LACAVA.  They should be in now but it  isn't.



It is overdue.



        CHAIRMAN STEIN.  We will do this, but again I think



this list system will handle this.



        Let me again say, for those people that are not familiar



with this, that in dealing with waste pollution it is something



like going to the zoo.  When you go to the zoo two days in a



row you never see the same animals because some die and some



are born.  You have the same thing here, the situation always



keeps changing.



        Now, unless we get a firm, basic list at this stage



that we can go over, with a boxscore, and we go down the roll



and where there are changes they will be noted, we will be



spending a lot of time going around and around. I think once



we get that boxscore lined up, not only the technical people



but the other people will be able to judge progress - judge



what,the regulatory agency, State, Federal and Interstate are

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                                                               284


                   Closing Statements


doing, what the communities are doing, what the industry is


doing and then this will become clear.  But, as in many games,
                                                              v

you cannot tell the players without a scorecard.  I think our


next job is to get that scorecard laid out abundantly clear,


so when we come in next time we will be able to follow it.


        Now let me go down these other comments very briefly


because I think there was agreement.  I do not know how far


we are going to do this.


        Are we in agreement that both States and the Merrimack


system on issue 1 will require that sewerage systems, with


collection sewers terminating in adequate treatment plants,


shall be provided in those areas along the stream where sewers


do not now exist and where homes discharge either raw wastes or


septic tank effluent to the watercourse and where local treatment


facilities will not suffice?  How are we going to follow up on


that?  Do we get a report on activities on that or is that just


a pious statement?


        MR. McMAHON.  I think we made the statement earlier,


Mr. Stein, that as far as every one of these recommendations is


concerned, other than No. 13, we consider these as an inherent


part of our program, or that there is an appropriate agency in


the State that is handling this.  Everything except No. 13,


which is the situation involving a boat pollution control law.

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                   Closing Statements


        CHAIRMAN STEIN.   Well,  I find  it  difficult,  unless

we are going to assign a task group and unless  these are  just

statements of policy,  to come up with  a report  on these.

How are we going to know what these mean? What are  these

meant for

        MR. McMAHON.  I would say these are  statements  of

policy, because, as you know, it reads:  "Consideration shall

be given in the water pollution control program as necessary

to the following."  I think you do agree  with this,  Bill, in

New Hampshire as a matter of policy.

        MR. HEALY.  Yes.

        MR. McMAHON.  But as far as a  task force, I  think this

would be completely unnecessary.

        CHAIRMAN STEIN.   I have no objection to that.  I  want

to clarify a few points, then,  on this.  I raise this now so

we will not get into difficulties or squabbles  later, because

this can be one of the most vexing things.  We  have  to make a

judgment, it seems to me, all municipal and  industrial waste

in the Merrimack River Basin ought to  receive a minimum of

secondary treatment or equivalent.

        Now, the question is, what do  we  mean by "secondary
                                          >
equivalent?" From the discussions here, I take  it that you

both mean that "secondary treatment" means a minimum of 90

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                   Closing Statements






but it  could be designed on the 85 percent level.



        MR. HEALY.  If you are questioning the design, if



you think this is the time to raise this issue, if you think



the filter is undersized, the time is when it is planned.



But I object and I want the record to show my objection to



any 95  percent efficiency level as being a general requirement.



        CHAIRMAN STEIN.  No, this is not a general requirement.



The point is what lawyers talk about, the term of "burden of



proof."



        If you come up with a design less than 90 percent, the



question is going to be asked or the burden of proof is going



to be on the State agency to indicate why less than a 90 per-



cent plant is appropriate.  By the same token, if the Federal



Government, when a plant comes in and they say, as I doubt



they ever will, they want 9# and 99 percent, I think the rule



that they use is the burden of proof is on us to present to



you why that extra stuff is needed.  This does not mean that



you cannot have plants above or below 90 percent,  it is just



the question of when you ask the question.




        Let us move on, because I think we have done this



enough.   Let me ask just one question.   This is No.  4.  When




you say, "All effluents containing domestic wastes are to



receive adequate disinfection," does that mean year-round



disinfection?

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                                                            2B7




                   Closing Statements






percent reduction of BOD, unless it can be demonstrated in



a particular plant that the water quality of the stream will



be met at something less than that, as authorized for that



community.  But the justification otherwise 	



        MR. McMAHON.  We phrase it somewhat differently in



the sense that we say "secondary treatment is #0 to 95 percent



BOD removal," and in that range whatever is necessary to meet



the water quality criteria.  In other words, if you need 95»



you put in 95-



        CHAIRMAN STEIN. I see.  At least 90?



        MR. HEALY.  Do you do this as a tertiary treatment



effort?



        MR. McMAHON.  We have not tried to associate, Bill,



tertiary treatment with BOD removal.



        MR. HEALY.  We are speaking specifically of the



conventional primary and secondary treatment?



        MR. McMAHON.  Yes.



        MR. KLASHMAN.  I think what you said is more or less



what I said, I feel, Mr. Chairman.



        CHAIRMAN STEIN.  I want to get at an operating judgment



on this.  I have no brief or any formulation on this.  What I



want to do is set up a ground rule so we do not get on these



interminable squabbles.

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                                                              288





                   Closing Statements






        The notion that I have said is "If you have;" and



the way I put it is "If you have less than 90."  Then if



anyone asks you for an explanation, you should be able to



give the explanation.  Under your system, you would give



an explanation in any case up to 95» from 80 to 95•



        Now, the notion as far as the ground rule — and I



know this from sad experience in dealing with our technical



people — if you are providing 90 or more, I think the burden



will be on the Federal people to indicate why that is not



enough.  If you are providing less than 90 and they ask why,



I think that part of your operation will facilitate things if



the State can give us a reason why this is the case and that



it is protecting water quality standards.



        If that is satisfactory, we will move on.  That is a



procedural operation.  Just on that, is that agreeable?



        MR. HEALY.  I do not want to get into any long-winded



debate on it.  What we intend to do is have secondary facilities



at these locations and operate them to the very best of their



ability, their capacity, properly size them so they take care



of present and future loads and then get the maximum effort



out of the plant.  Whether it is BO or 95 percent is really



unimportant, because if it is 86 percent and your goal is 90



percent, well, you have failed.  I do not think this is what

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                   Closing Statements






we are talking about.



        I think we are going to operate these facilities  to



the very best of our ability.  In fact, if we do not,  then



the communities that are being assisted^ will be deprived  of



their State aid.



        MR. KLASHMAN.   Could we say it in another way? What



we are talking about,  really, is that activated sludge



facilities would be put in for communities requiring them,



and in those cases where you had special cases where activated



sludge was not indicated, where you went to a lesser degree  of



treatment, there would be a reason for that.  But, in general,



like at Manchester 	



        MR. HEALY.  Well, you have the situation that Tom was



pointing up - the deficiencies depending on the season of the



year.  He spoke of trickling filters, that they are not as



satisfactory in winter operation as in warm-weather operation.



        MR. KLASHMAN.   We are talking about a design.  If a



trickling filter plant is designed properly, it is capaole



of achieving 35, or at least that is what we have found.



        MR. HEALY.  Right.



        MR. KLASHMAN.   However, if it is not designed properly,



you cannot get the £5.'  What we are saying is that in those



cases where you are going for activated sludge it will be

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                   Closing Statements






designed for 90 percent at least, which is what they are



capable of doing.  In those cases where you go in for not



activated sludge because the size of the community is such



that you feel 	



        MR. HEALY.  A lagoon, for example?



        MR. KLASHMAN.  Well, a lagoon or trickling filter



plant is indicated because of the particular situation, that



there you would go for maybe a design of #5»  This is what



we are talking about.



        I recognize that when you get down to the operation



that we have another problem.  Even if you design it for #5»



we are going to have a problem of getting up to that.



        MR. HEALY.  You are right.  The treatment has to be



tailored to meet the need.  There is no doubt about that.



But that selection is going to be made at that very outset.



Then your system, you are fixed, and you have to be careful



in the capacities that are built into the plant so that you



are going to be able to accommodate to yourself the present -



and future loading.



        MR. KLASHMAN.  So what Mr. Stein said was that by



secondary treatment we were talking about 90 percent except



in those cases where the State standards could be met with a



lesser degree.

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                                                              291
                   Closing Statements





        MR. HEALY.  Are we going to start  speaking in terms



of plant deficiencies, too?



        MR. KLASHMAN.   We are talking about  the design of it.



        MR. LACAVA.  Does Mr. Stein mean that we are all going



to have activated sludge plants?



        CHAIRMAN STEIN.  V/ait.  Wait.  All I tried to do here



was try to get an operating rule understood by you fellows



to facilitate the grant applications.  The reason I brought



this up is to try, at the beginning, to do away with the



problems we have had in other cases with the question.



        Now, presumably we are not together on this, and I



will just let a few cases come up.  If they are then not



resolved you will be looking for a rule.  As far as I can



tell, what are people to do if you put in  a grant or put in



an application for a construction grant?  As far as I can see,



what our people do, they are supposed to have 90 percent, and



if you have 90 percent treatment and everything else is okay,



to let it go by.  If there is less than 90 percent they will



probably ask for an explanation.



        We do not have to put this down, but I am telling you



that that is what is going to happen.  This is necessary for



the operation.  I think" everyone here is in agreement on what



we are doing is just a question of a mode  of operation that  is

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                                                             292





                   Closing Statements





going to happen anyway.  So let us go on with this.



        MR. LACAVA.  I would like to add one more thought.



What the Chairman just said is completely incompatible with



what Mr. Klashman said.



        CHAIRMAN STEIN.  I do not think so.



        MR. LACAVA.  He said 90 percent is activated sludge,



85 percent is trickling filter.



        Is that not what you said?                          f



        MR. KLASHMAN.  Yes.  What I just said 	



        MR. LACAVA.  Let me finish my statement.



        If 90 percent is the cutoff level, the level at which



questions are going to be asked, and this is going to be used



for a basis of design, well, the trickling filter is ruled



out as a device.



        MR. KLASHMAN.  No.



        MR. LACAVA.  This is what it means*  Please clarify.



        MR. KLASHMAN.  What I understood Mr. Stein to say is



if your standard, if the river quality could be met with a



trickling filter, you know — and this is going to be on the



smaller communities, of course — that you would design that



trickling filter plant.



        What I was saying was you would design that trickling



filter plant on 85 percent.  You could design it on 75 or 80,

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                                                              293
                   Closing Statements






        MR. KLASHMAN.  That is what we meant.



        MR. HEALY.  In New Hampshire it means  year-round



disinfection.



        CHAIRMAN STEIN.  In Massachusetts?



        MR. McMAHON.  In Massachusetts it is a policy within



our State 	  In fact, it is not a policy.  It is within



our standard of quality approved by the Secretary.  It indicates



that the Division may approve seasonal chlorination rather than



year-round chlorination.



        CHAIRMAN STEIN.  Let me ask the next question for



clarification, and I do not have many more on  this.



        What does "Maximum removal of nutrients, including



phosphates" mean?  Does that mean that we are  going to require



something like chemical treatment in addition  to the ordinary



sediment treatment?



        MR. KLASHMAN.  No.  Do you want to let me finish?



        CHAIRMAN STEIN.  All right.



        MR. KLASHMAN.  What that means, in this initial phase



it does not mean we are going to require something beyond an



activated sludge plant which, properly operated, can remove



sludge, but that in those cases where phosphate removal



becomes necessary in the future, then it will  be required.



Thi? is what we are saying.

-------
                                                              294




                   Closing Statements





        MR. PELOQUIN.  Mr. Chairman, I think we are going



beyond the intent of the second session of the conference.



I would like to read a section or a paragraph from the



Secretary1s letter calling the conference.  The Secretary



says, "I believe it necessary to set compliance schedules



that are more compatible with the intent of the Enforcement



Conference and with the approved Massachusetts schedule."



        This is what we have done.  And the recommendation,



I concur with Mr. McMahon, that the report will define



nothing.



        I feel also that the States have submitted implemen-



tation plans which will achieve the classifications which



have been approved.  There are additional considerations here



included in the recommendations, and these additional considera-



tions, for the most part, are standard procedure in the



policies and routine activities of the State Water Pollution



Control Agencies and I do not think it is necessary to take



these item by item.



        We agreed that we will consider these in all of our



activities, but the intent of the conference, as specified in



the Secretary's letter, was to reconcile the dates.  I think



we are going beyond that at this point.



        MR. LACAVA.  Mr. Chairman, there is also 	

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                                                              295




                   Closing Statements





        CHAIRMAN STEIN.  Just one moment.  One at a time.



        The point is that you know that the Secretary is my



boss and I read his letters, too.



        In the letter to Governor King he said, "While the



primary attention may be placed on time schedules, as I have



discussed above, these sessions will provide an opportunity



to review the entire situation."



        I think that is clear.  We are not taking up every



point.  If this is standard procedure, we sure do not have



an agreement on the standard procedure.  I think the issues



that we are making here, making at the conference, are very,



very clear.



        Now, the last one, a very small one, is just a case



in poiD* -*»d that is if Massachusetts does not suspend chlorin-



ation during the winter - and I think this is in the record -



that this in their program and a view from us is not in order



unless that is specifically taken up.



        Now, in view of the Governor1s letter to Secretary



Udall and considering when the past situation is to be



reviewed, if you believe that statement and your view prevailed,



you would have saved us all a lot of time without waiting



until now to make your comments.  I also believe Mr. Peloquin,



that if you wished to make that comment,  that it was pertinent

-------
                                                             296




                    Closing Statements





early this morning when Mr. Pahren read this statement.



        MR. PELOQUIN.  It was our understanding at that time



that these were being presented for consideration and only



for consideration and were not to be made a part of the



SecretaryTs recommendations nor a part of the standards,



which apparently is what is being attempted here.



        MR. LACAVA.  It does appear here, Mr. Chairman, that



you are forcing commitments over and beyond what were intended.



        CHAIRMAN STEIN.  What commitment have I forced?



        MR. LACAVA.  You threw in a 90 percent in there, and



I do not see that anywhere in here.



        CHAIRMAN STEIN.  Mr. Lacava, let me repeat this and



repeat this very plainly:  Mr. Klashman and I have consistently



said we are not asking for 90 percen*  necessarily.  If we



say that over and over and over again and you still persist



that we are asking for 90 percent, I do not know what we can



do.



        MR. LACAVA.  I think you have made the record clear.



You are not asking for 90 percent?



        CHAIRMAN STEIN.  That is right.



        MR. LACAVA.  No, you said it.



        CHAIRMAN STEIN.  "Not necessarily,"  that is right.



But if you	

-------
                                                              2S7
                   Closing Statements




        MR. LACAVA.  You said,  "Not necessarily"?


        CHAIRMAN STEIN.   Right.   If you are going  to ask for


     than 90 percent, you may very well be asked why.   That


is all we have said.


        MR. HEALY.  That is really, Mr. Chair-in ~ and I do


not intend to irritate you — in effect, you are saying, I


think, that if we are not seeking 90 percent, that we should


be prepared with an explanation?


        CHAIRMAN STEIN.   Right.


        MR. HEALY.  Then if that is so, then the 90 percent


is a standard?


        MR. LACAVA.  Sure.  If it is 90 percent in each case,


is this what you mean, Lester?


        MR. KLASHMAN.  The point is we have two States involved


here down in the Massachusetts part of the basin,  both in the


Nashua River and in the Merrimack.  V/e are talking about in


most of the larger communities 90 percent.  As a matter of


fact, in Fitchburg they are talking about 90 to 95 percent.


In Manchester, which is your largest community, we are talking


about an activated sludge.  Is that what you are talking?


        MR. LACAVA.  We are not even sure, Lester, and I do
                       *

not see why through a conference you people should force us to


agrefe to 90 percent, which is essentially activated sludge, when

-------
                                                              298



                    Closing Statements




the plans and the studies and the Industrial waste involved


in these studies may lead to other devices for treatment.


This, we believe, or I believe, is entirely unnecessary.


This you can be assured of:  That whatever plant goes in  ,


there will work very efficiently, and w» are holding ourselves


to this.


         MR. KLASHMAN.  If a plant less than 90 percent will


meet the standards, then we will have no objection.


         MR. LACAVA.  Now what do you mean by "standards?"


         MR. KLASHMAN.  By the criteria which you establish

           {
in the river.


         MR. LACAVA.  If they meet the river situation?


         CHAIRMAN STEIN.  Yes.  I think this is outside —


         MR. HEALY.  Excuse me.  May I Just explore that?


         CHAIRMAN STEIN.  Go ahead.


         MR. HSALY:  You say if the overall treatment meets the—


         MR. KLASHMAN:  If the secondary treatment you are providing


         MR. HEALY:  —meets the classification standards,


implying that this will satisfy you?


         MR. KLASHMAN:  In other words, if you are proposing 	


         MR. HEALY:  If this is so, we are all set.


         MR. KLASHMAN:  If you are proposing less than an


activated sludge plant, which wiii be a trickling filter plant

-------
                                                             299


                   Closing Statements



on the station and the river quality on the  criteria  you


submit, yes, this is acceptable.


        MR. HEALY.  Could I put it in  a positive  way?  If


we are putting in a treatment of all locations  of all discharge 5


and the criteria for the particular class  of water that applies


here is being satisfied, then we will  be meeting  your require-


ments?


        MR. KLASHAMAN.  Yes.


        MR. HEALY.  Fine.


        CHAIRMAN STEIN.  Do you want a recess while you have


that conversation?


        MR. KLASHMAN.  I would like to recess for two minutes.


        CHAIRMAN STEIN.  I think we are at the  end of the


conference.


        MR. KLASHMAN.  If you want to  wait and  let me tell him


something, fine.  But I think we have  to recess.   I want to


talk to him for a few minutes.


        CHAIRMAN STEIN.  Mr. Klashmdn, I think  we have to  go


on with the conference.  I should make the point  that it is


the policy of the Federal Government to have open meetings as


a public agency, and I, as Chairman, deplore any  private

                     •                   >s
conversations where the press and the  public are  not  fully


advised of this.  I do not think this  is any way  to do the

-------
                                                             300




                   Closing Statements





public business.                                            >



        Do we want to include in the terms of the conference



control over the ships or do you just want to let that go?



        MR. KLASHMAN.  Are you talking about No. 13?



        CHAIRMAN STEIN.  Yes.



        MR. McMAHON.  May I just make a comment here?



        CHAIRMAN STEIN.  Yes.



        MR. McMAHON.  Going back several months ago when we ,



first went over this report with members of the Regional



Office there were certain items that we felt, at least in



Massachusetts, should not have been included



in the Conference Report.  However, after a certain amount of



negotiation it was felt that these recommendations, which



were general matters of policy with each of the States,



could be adopted in the proper light.  Now, we had agreed to



these things, but it appears now that we are reading additional



commitments into this.  If this is the case, I hate to put it



this way, but if we cannot accept this on the basis that we



went over this in Boston, then I think that at least Massachu-



setts as a Conferee would have to object to some of these.



        MR. KLASHMAN.  What is it you object to?



        MR. McMAHON.  First of all, I am not too sure that the



90 percent has been fully explored to our satisfaction.  I

-------
                                                              301


                   Closing Statements


think there are a few other questions here.   These are all

considerations and are general policy matters within each of

our agencies.

        Now, if we can accept it as this and sort of wipe away

the cobwebs and in trying that we may perhaps be associated

with this, then I think everybody is going to be happy.  But

I see no real purpose in dwelling on this and trying to make

something out of it that really is not there.  This is my

feeling.

        CHAIRMAN STEIN.  I agree with you.  But I think we do

not have an agreement on this 90 percent or any of that.
                 »•
        MR. McMAHON.  We agreed in Boston, as I recall.  Bill,

would you not say that we had gone over this in a fair amount

of detail?

        MR. HEALY.   Yes.  My recollection there, Mr- Chairman,

is that there was no real problem in this area.  I do not

recall that we requested or achieved any particular percentage.

If I can, I will characterize it by saying that in the trade

amongst ourselves as engineers we certainly know what we can

expect of secondary facilities.  If we did not, somebody should

fire us.

        We willfully/of I can put it that way, select various

secondary methods to meet the needs of the industry or

-------
                                                         302





                   Closing Statements





municipalities.  We do this to get the maximum benefit for



the dollars invested.  I think that is all we can expect.



If we need treatment over and above this level, we must think



over other needs of treatment, tertiary treatment, certain



treatment to serve the particular situation.



        I think it is going to be very uncomfortable for all



of us if we start working in terms of percentages, because  the



plant will not operate at an established level of percentage



at all times, and I think you understand this, Mr. Chairman.



     ^  CHAIRMAN STEIN.  I think your point is well taken.



The point is that I think it is clear we do not have all



specific agreements in these operations, and this, again, was



raised by the Chairman at his request.



        I think we do have a mode of operation to go on and



go ahead with, and I think if we have any problems on secondan



treatment, we will just handle these on a case-by-case basis.



        Now, there are two cases that Mr. McMahon had that



seemed all right when we had them this morning.



        MR. McMAHON.  Any of these we feel we will be able  to



justify, and this should come up for review by the Federal



Grants people.



        CHAIRMAN STEIN.  I do not have a problem with that.



        MR. McMAHON.  I say this is a routine thing that is

-------
                                                             303
                   Closing Statements

handled without us spending a lot of energy here talking
about it.
        CHAIRMAN STEIN. This has been done at various other
conferences, because this, in a sense, gets, as far as I
can see, to be a sticky and crucial issue.  If it does not,
all right.  What I suggested about this^about an hour ago
when this went on,was, hopefully, we are not going to have any
problem.  If we do, we will meet it on an individual basis.
We surely do not have an agreement.
        MR. HEALY.  I think, Mr. Chairman, and I do not want
to extend this, but you have adequate remedies at your disposal,
and your people do, and we certainly cannot complain of any
exposure to these rules or compliances.  That is, if we are
not operating these plants properly or to their maximum
advantage, then you can see to it that we do not get the funds
for their programs or plants.  Many things can be done to see
that these things are met.
        I think we ought to approach this by doing the very
best we can to operate at their highest level.
        MR. McMAHON.  Are we on recommendations now?
        CHAIRMAN STEIN.  No.  Let us go ahead with one
question, and this was do you want to make a special point?
Do you want to leave this just as it is?  You had a problem

-------
                                                              304
                   Closing Statements

on 13.
        MR. McMAHON.  I do not know if it is a problem.   It
is something we are concerned about.  We plan to file legis-
lation.
        CHAIRMAN STEIN.  Does the Conference have to do  any-
thingjOr do we have to have a committee on 13>or can we  just
let it stand this way?
        MR. McMAHON.  I would merely refer to my earlier
statement that this appears to be an excellent suggestion
and it is something that Massachusetts is planning on imple-
menting within the next 12 to l£ months.
        CHAIRMAN STEIN. Are there any other questions or
anything else we want to add?
        (No response.)
        CHAIRMAN STEIN.  I think we are on our way.  I want
to again thank you all for coming.
        MR. McMAHON.  Mr. Chairman, could I make a recom-
mendation to the Conference?
        CHAIRMAN STEIN.  Surely.
        MR. McMAHON.  I would perhaps ask the other Conferees
from the States and the Interstate if they agree with this
particular statement, if they would perhaps endorse it.   I
have just put Massachusetts in here now.

-------
                                                            305





                   Closing Statements





        The Massachusetts Conferee,  in reflection of the



existing and future detrimental  effect caused by the lack



of Federal grant appropriations  in the States implementation



programs, urge that the Federal  Water Pollution Control Adminis-



tration and the Secretary of Interior  recommend to the Congress



of the United States the adoption of a fiscal program consistent



with the anticipated construction schedules of waste treatment



facilities required throughou* *he Nation.



        It is further recommended that any recommendation in



Federal finaiid . assistance be  consistent with the present



grant percentage levels provided for in the Federal Water



Pollution Control Act.



        I would further urge a separate 3ongressional appropri-



ation for reimbursement monies to States that have prefinanced



in anticipation of future Federal grant funds.



        CHAIRMAN STEIN.  Off the record here.



        (Discussion off the record.)



        CHAIRMAN STEIN.  Back on the record.



        Do you want to read this again for the Secretary or



do you want to submit this a little  later?



        MR. McMAHON.  It probably could be improved as far as



the language.



        MR. HEALY.  I would like an opportunity to polish it



upi, but it is certainly acceptable to us.

-------
                                                              306

                     Closing Statements


         CHAIRMAN STEIN.  We will keep it open and when we

 get that we will put a copy in to Mr. Klashman and send a

 copy to Washington for the Secretary and a copy for the

 Reporter to be inserted in the record as if read at this

 point.  (The above-mentioned statement follows; original appended.)

"STATEMENT of the State and Interstate Conferees at the
           Reconvened Conference on the Merrimack and
           Nashua Rivers - December 18, 1968


         "In noting the detrimental effect of Federal construc-
 tion grant cut-backs in appropriations on State water pollu-
 tion control programs, the conferees from the State of New
 Hampshire, the Commonwealth of Massachusetts, and the New
 England Interstate Water Pollution Control Commission urge
 that the Federal Water Pollution Control Administration and
 the Secretary of the Interior recommend to the Congress of
 the United States the adoption of a fiscal program consistent
 with the implementation programs adopted by the States through-
 out the Nation.

         It is further recommended that legislative amendments
 to the Federal Water Pollution Control Act do not vary the
 present grant percentages to communities for construction of
 waste treatment facilities or, if alternative means of financing
 are introduced,  the alternative financing measures be at least
 the equivalent of the present percentages specified in the act.

        "The conferees should also urge the passage of a separate
 appropriation to finance the reimburseable clause of the Federal
 Act to repay States that have or will pre-finance the eligible
 Federal portions of treatment facilities in anticipation of
 future Federal reimbursements."

         MR. KLASHMAN.  I understand, and correct me if I am

 wrong, but in the summary that the Secretary puts out that it

-------
                                                             307




                   Closing Statements






will include these recommendations which the States have




accepted, with the exceptions made by Mr. McMahon?



        MR. McMAHON.  It is really not an exception but a



qualification.



        CHAIRMAN STEIN.  Yes, as consideration.



        MR. KLASHMAN.  Okay.



        CHAIRMAN STEIN.  As consideration.



        MR. PELOQUIN.  As confederation, right.



        MR. McMAHON.  That is what it says up there,



"Consideration shall be given."



        CHAIRMAN STEIN.  The reason I am getting at these is



for consideration.



        As far as I can see, these may necessarily have been



written this way, but they are not the kind of thing you can



really go out and enforce.  If they were to be enforced, this



might be one of the reasons it is exploited.  It would have



to be at this time.



        Obviously, this is not what the Conferees wanted to



do, so these are suggested recommendations.  Because I do not



know anyone who could, you know, really enforce it on the



basis of that.



        Again, does anyone else have something to say before



we wind up?

-------
                                                             308
                    Closing Statements

         (No response).
         CHAIRMAN STEIN.   With all this, I am sure we have
really made tremendous advances today.  We have a situation
now in which everyone - State, Federal, local municipalities
and industries  - are committed to the cleanup of the Nashua-
Merrimack Basin.
         The question now is not whether the basin is going to
be cleaned up,  but when it is going to be cleaned up.
         As everyone knows, the real key question here might
be likened to what makes the world go round?  In a commercial
country  like ours, it Is money.  This is the essential question.
         We recognize that the States, the localities, the
Federal  Government all have severe financial problems that
must be  met.  This is a major factor In the cleanup of our
rivers.  We have substantial agreement on what has to be
done and precisely who has to do it.  All the sources are
Identified and  have been presented with their program.
         I believe that we have a time schedule.  While it
might be at this time somewhat optimistic, depending  upon
certain  contingencies such as providing things happen right
and we are lucky in the forseeable future, we may be on our
way to a cleaner river.
         I want  to point this out:  As you saw toward the end,

-------
                                                             309





                   Closing Statements






as we lifted the lid on certain future considerations,



there are still many problems to be resolved.  We are entering,



really, a new phase on this one and that is compliance.  I am



afraid that that has its sticky problems as well as the phase



that we have just gone through.



        I hope this will take a direct answer?over and above



the remark before?that we were forcing New Hampshire to do



something at a conference.  I have been coming up to New



Hampshire for many years.  I never knew the Federal Govern-



ment to force New Hampshire to do anything by a conference



or any other means.



        With that, I want to, again, thank you all for coming.



We stand adjourned.





        (Whereupon the conference adjouned at 5:17 p.m.)

-------
                                                             APPENDIX A
TABLE 1 - DISCHARGERS TO THE MERRIMACK RIVER AND CERTAIN TRIBUTARIES  IN NEW HAMPSHIRE
 (As submitted for the record by the State  of New Hampshire.)
Municipality or Industry
Location - Type of Waste
Franconia Paper Corporation
Lincoln - Paper
Municipal
Franklin - Sanitary
Municipal
Boscaven - Sanitary
Brezner Tanning Corporation
Boscaven - Tannery
Penacook Fibre Company
Concord - White Water
Municipal
Concord - Sanitary #1
- Sanitary 12
- Sanitary #3
Municipal
Hooks ett - Sanitary
French Brothers Beef Company
Hooks ett -
State Industrial School
Manchester - Sanitary & Indust.
Present
Treatment
None
None
None
None
None
None
None
None
None
-
None
Proposed Completion Completion Start
Treatment of Financing of Plans Construction
Secondary - - -
Secondary - - 3/69
Secondary -
Secondary - - -
Secondary -
Primary North - 12/69 U/70
Secondary North -
Secondary South -
Secondary - - -
Secondary -
Secondary - -
Finish
Construction
5/69
12/70
12/72
12/72
12/72
12/72
12/75
12/75
9/69
9/69
12/75

-------
TABLE 1 - DISCHARGERS TO THE MERRIMACK RIVER AND CERTAIN TRIBUTARIES IN NEW HAMPSHIRE
Municipality or Industry
Location - Type of Waste
Municipal
Manchester - Sanitary #1
- Sanitary #2
- Sanitary #3
M. Schver Realty Company
Manchester - Sanitary
Granite State Packing Company
Manchester - Packing
MKM Knitting Mills, Inc.
Manchester - Textile
Manchester Hosiery Mills
Manchester - Textile
Seal Tanning Company
Manchester - Tannery
Stephens Spinning Company
Manchester - Textile
Waumbec Mills, Inc.
Manchester - Textile
Foster Grant Company
Manchester -
Present
Treatment
None
None
None
None
None
None
None
None

Proposed Completion Completion
Treatment of Financing of Plans
Primary - 12/70
Interceptors
Secondary
Secondary
Secondary
Secondary
Secondary - -
Secondary
Secondary
Secondary
Secondary
Start Finish
Construction Construction
U/71 12/72
12/75
12/76
12/75
12/75
12/75
12/75
12/75
12/75
12/75
12/75

-------
TABLE 1 - DISCHARGERS TO THE MERRIMACK RIVER AND CERTAIN TRIBUTARIES IN NEW HAMPSHIRE
Municipality or Industry
Location - Type of Waste
Municipal
Merrimack - Sanitary
Merrimack Leather Company
Merrimack -
Nev England Pole Company
Merrimack -
Municipal
Nashua - Sanitary
Granite State Tanning Company
Nashua - Tannery
Sanders Associates
Nashua - Plating
Johns Manville Company
Nashua - White Water, Asbestos
Hampshire Chemical Company
Nashua -
Municipal
Hudson - Sanitary
Municipal
Derry - Sanitary
Municipal
Salem - Sanitary
Present
Treatment
None
None
-
Part
Primary
Settling
None
Settling
Ammonia
Recovery
None
Secondary
Secondary
& C12
Proposed Completion Completion Start
Treatment of Financing of Plans Construction
Secondary Complete 3/68 2/70
Secondary - 3/68 2/70
•r
Secondary -
Secondary -
Equivalent
to Secondary -
Equivalent
to Secondary ...
-
Secondary 7/70 8/68 2/71
-
• «• — —
Finish
Construction
11/71
11/71
Complete
12/7U
12/7U
12/71*
12/71*
Complete
9/72
Complete
Complete ^

-------
                                                                         APPENDIX A
TABLE 2 - DISCHARGERS TO THE MERRIMACK RIVER AND CERTAIN TRIBUTARIES IN MASSACHUSETTS
         (As*submitted for the record  by  the State  of Massachusetts.)
Municipality or Industry
Location - Type of Waste
Municipal
Tyngsboro - Sanitary
Southwell Combing Company
Chelmsford - Scouring
Gilet Wool Scouring Corporation
Chelmsford - Wool Scouring
Municipal
Chelmsford - Sanitary #1
- Sanitary #2
J. P. Stevens & Company
Dracut -
Municipal
Dracut - Sanitary
Nyanza Chemical Company
Ashland -
Municipal (East)
Marlborough - Sanitary
Roxbury Carpet Company
Framingham - '
Present
Treatment
None
Grease
Recovery
None
None
None
None
None
Secondary
Secondary
& C12
None
Proposed
Treatment
Secondary
Secondary
Secondary
Secondary
Secondary
Secondary
Secondary
Tie to
Municipal
Phosphate
Removal
Tie to
Municipal
Appropriation Completion Start
of Funds of Plans Construction
3/70 12/70 U/71
2/69 U/69
2/69 V69
2/68 2/69 V69
2/69 2/70 5/70
2/70 6/70
6/70 7/71 9/71
7/68 8/68
Pilot Plant
11/68 U/69
Finish
Construction
U/72
V70
-/TO
5/71
6/71
11/72
1/69

10/69
                                                                                             VjJ

-------
TABLE 2 - DISCHARGERS TO THE.MERRIMACK RIVER AND CERTAIN TRIBUTARIES IN MASSACHUSETTS
Municipality or Industry
Location - Type of Waste
General Motors Corporation
Framingham -.
Municipal
Framingham - Sanitary
Municipal »
Vestborough - Sanitary
Municipal
Northborough - Sanitary
Lawrence Candle Company
Northborough -
Machinery Electrification
Northborough -
Municipal
Hudson - Sanitary
Municipal
Maynard - Sanitary
Digital Equipment Corporation
Maynard -
Present
Treatment
None
M. D. C.
Inadequate
Secondary
None
None
None
Secondary
& C12
Inadequate
Secondary
Tied to
Maynard
Proposed Appropriation
Treatment of Funds
Tie to
Municipal
Pumping
Station k/68
Secondary
Secondary 5/72
Secondary
Secondary
Pumping
Station 9/6b
Secondary 6/69
Pretreatment
Completion
of Plans
7/68
11/6B
• ••*
3/73
3/73
3/73
2/69
2/70
*•»
Start
Construction
8/68
V69
7/68
5/73
5/73
5/73
V69
V70
.
Finish
Construction
U/69
10/69
6/69
5/7*»
5/7U
5/7U
10/69
*»/71
.

-------
TABLE 2 - DISCHARGERS TO THE MERRIMACK RIVER AND CERTAIN TRIBUTARIES IN MASSACHUSETTS
Municipality or Industry
Location - Type of Waste
Municipal
Acton - Sanitary
Municipal
Concord - Sanitary
Municipal
Billerica - Sanitary
North Billerica Company
Billerica -
Lowell Rendering Company
Billerica -
Ames Textile
Lowell - Textile
Vertipile, Inc.
Lowell -
Jean-Alan Products Company
Lowell -
Lawrence Manufacturing Company
Lowell -
Pellon Corporation
Lowell -
Present
Treatment
None
Secondary
Secondary
& C12
None
Grease
Recovery
None
Centrifuges
None
None
None
Proposed
Treatment
Secondary
Chlorination
Interceptor
Secondary
Secondary
Secondary
Secondary
Secondary
Secondary
Secondary
Appropriation Completion Start
of Funds of Plans Construction
6/70 2/71 U/71
.
5/70 3/71 5/71
3/71 5/71
3/71 5/71
6/71
6/71
6/71
6/71
6/71
Finish
Construction
U/72
Complete
5/72
5/72
5/72
6/73
6/73
6/73
6/73
6/73

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TABLE 2 - DISCHARGERS TO THE MERRIMACK RIVER AND CERTAIN TRIBUTARIES IN MASSACHUSETTS
             *
Municipality or Industry
Location - Type of Waste
Robinson Top & Yarn Dye
Lowell -
By field Felting Company
Lowell -
United Elastic Company
Lowell -
Vogue Silver Company
Lowell -
Middlesex Worsted Spinning
Lowell -
Suffolk Knitting Company
Lowell -
Commodore Foods, Inc.
Lowell -
Municipal
Lowell - Sanitary #1
- Sanitary #2
State Hospital
Tewksbury - Sanitary
Municipal
Andover - Sanitary
Present
Treatment
None
None
None
None
Company
None
None
None
None
Secondary
& Cl2
Part None
Part Secondary
Proposed
Treatment
Secondary
Secondary
Secondary
None
Secondary
Secondary
Secondary
Secondary
Secondary
-
Secondary
Appropriation Completion Start
of Funds of Plans Construction
6/71
6/71
6/71
-
6/71
6/71
6/71
12/68 1/70 6/70
12/68 3/71 6/71
-
U/68 1/69 3/69
Finish
Construction
6/73
\
6/73
6/73
•Insignificant
6/73
6/73
6/73
6/72
6/73
Complete
3/70
                                                                                                     Vo

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               TABLE 2 - DISCHARGERS TO THE MERRIMACK RIVER AND CERTAIN TRIBUTARIES IN MASSACHUSETTS
Municipalit/" or Industry
Location - type of Waste
Mead Corporation
Lawrence - Paper
Oxford Paper Company
Lawrence - Paper
Agawam Dye Works, Inc.
Lawrence - Dyeing
Merrimack Paper Company
Lawrence - Paper
Lawrence Wool Scouring Company
Lawrence - Wool Scouring
Municipal
Lawrence - Sanitary #1
- Sanitary #2
Wipex, Inc.
North Andover -
Western Electric Company
North Andover - Sanitary
Present
Treatment
None
None
None
None
Grease
Recovery
None
None
Neutralization
Proposed
Treatment
Secondary
Secondary
Secondary
Secondary
Secondary
Secondary
Secondary
Secondary
Secondary
Appropriation Completion
of Funds of Plans
. -
-
•
-
3/70
9/67 1/70
1/71
-
- Complete
Start
Construction
6/70
6/70
6/70
6/70
6/70
6/70
7/71
6/68
3/69
Finish
Construction
7/73
7/73
7/73
7/73
7/73
6/72
7/73
9/68
3/70
                 & Plating
Municipal
North Andover - Sanitary
None
Secondary
U/68
1/69
3/69
3/70

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TABLE 2 - DISCHARGERS TO THE MERRIMACK RIVER AND CERTAIN•TRIBUTARIES IN MASSACHUSETTS
"Municipality or Industry
Location - Type of Waste
Essex Chrome Plating
Methuen -
Municipal
Methuen - Sanitary 11
- Sanitary #2
Haverhill Plating
Haverhill -
L. H. Hamel Leather
Haverhill -
Continental Can Company
Haverhill -
Hoyt & Worthen Tanning Company
Haverhill -
Cowan & Shain, Inc.
Haverhill -
C. F. Jameson Company
Haverhill -
Municipal
Haverhill - Sanitary #1
- Sanitary #2
Municipal
Groveland - Sanitary
Present
Treatment
None
None
None
None
None
Grease &
Oil Recovery
None
None
None
None
Proposed
Treatment
Secondary
Secondary
Interceptor
Secondary
Secondary
Secondary
Secondary
Secondary
Secondary
Secondary
Interceptor
Secondary
Appropriation Completion
of Funds of Plans
1/69
9/67 1/69
9/67 1/71
3/69
3/69
U/68
3/69
3/69
3/69
8/67 3/69
3/70 3/71
12/68 12/69
Start
Construction'
V69
V69
V71
7/69
7/69
7/68
7/69
7/69
7/69
7/69
7/71
3/70
Finish
Construction
U/71
• 12/72
7/70
7/70
7/69
7/70
7/70
7/70
7/71
7/72
3/71
                                                                                                     vO

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TABLE 2 - DISCHARGERS TO THE MERRIMACK RIVER AND CERTAIN TRIBUTARIES IN MASSACHUSETTS
Municipality or Industry
Location - Type of Waste
Municipal
Merrimac - Sanitary

Amesbury Tanning
Amesbury -
Amesbury Specialty
Amesbury -
Amesbury Fibre Corporation
Amesbury -
Merrimack Hat Company
Amesbury -
Amesbury Metal Products Company
Amesbury -
Municipal
Amesbury - Sanitary
Towle Silversmith
Newburyport -
Chase Shawmut Company
Newburyport -
Municipal
Newburyport - Sanitary
Present
Treatment
None

None
None
Out
None
None
None*
None
None
Primary
& C12
Proposed Appropriation
Treatment of Funds
Secondary 3/69

Secondary
Secondary
of Business
Secondary
Equivalent
to Secondary -
Secondary 8/68
Secondary
Secondary
Secondary or
Ocean Discharge 12/69
Completion
of Plans
*
V70

5/69
5./69

5/69
5/69
5/69
8/69
8/69
2/71
Start
Construction
7/70

6/69
6/69

6/69
6/69
6/69
10/69
11/69
U/71
Finish
Construction
7/71
x
6/70
6/70

6/70
6/70
6/70
5/70
5/70
U/72

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               TABLE 2 T DISCHARGERS TO THE MERRIMACK RIVER AND CERTAIN TRIBUTARIES IN MASSACHUSETTS
Municipality or Industry
Location - Type of Waste
Present        Proposed       Appropriation   Completion     Start         Finish
Treatment      Treatment      of Funds        of Plans    Construction  Construction
Salisbury Water Company
Salisbury -

Municipal
Salisbury - Sanitary
None
None
Secondary
7/67
Secondary or
Ocean Discharge   10/69
 6/6tt


12/70
7/68


U/71
7/69

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                                                                      Appendix A
TABLE 3 - DISCHARGERS TO THE NASHUA RIVER AND CERTAIN TRIBUTARIES IN MASSACHUSETTS
      (As  submitted  for the record by the State of Massachusetts.)
Municipality or Industry
Location - Type of Waste
Old Mill Restaurant
Westminster -
Advance Coatings, Inc.
Westminster -
Decotone Products Division
(Fitchburg Paper Company)
Westminster -
Art Photo Service, Inc.
Fitchburg -
Fitchburg Gas & Light Company
Fitchburg -
Hedstrom Associates
Fitchburg -
Vogue Wall Coverings, Inc.
Fitchburg -
Wachusett Potato Chip Company
Fitchburg -
Independent Lock Company
Fitchburg -
Iver Johnson
Fitchburg -
Present
Treatment
None
None
None
None
None
None
None
None
None
None
Proposed
Treatment
Secondary
Secondary
Secondary
Secondary
Secondary
Secondary
Secondary
Secondary
Secondary
Secondary
Appropriation Completion Start
of Funds of Plans Construction
12/69 U/70
12/69 U/70
12/69 U/70
12/69 12/70
12/69 U/70
12/69 U/70
12/69 U/70
U/70 8/70
2/70 U/70
3/69 U/69
Finish
Construction
U/71
U/71
U/71
12/71
VT2
U/71
U/71
U/71
6/71
10/69 &
»o

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TABLE 3 - DISCHARGERS TO THE NASHUA RIVER AND CERTAIN TRIBUTARIES IN MASSACHUSETTS
-Municipality or Industry
Location - Type of Waste
Weyerhaeuser Paper Company
Fitchburg - Paper
Fitchburg Paper Company
Fitchburg - Paper
Simonds Sav & Steel Company
Fitchburg -
Falulah Paper Company
Fitchburg - Paper
Municipal
Fitchburg - Sanitary
Jennison Company
Fitchburg -
Rogers Brothers
Lunenburg -
Foster Grant Company
Leominster -
Bordon Chemical Company
Leominster -
Municipal
Leominster - Sanitary
Present
Treatment
None
None
None
Vacuum Sludge,
Chemical
Precipitation
Inadequate
Secondary
None
None
Lagoon
Lagoons
Secondary
Proposed
Treatment
Secondary
Secondary
Secondary
Secondary
Secondary
Secondary
Secondary
Secondary
Secondary
Secondary
Appropriation Completion
of Funds of Plans
- -
12/69
13/69
12/69
10/68 12/69
3/69
12/69
11/68
6/69
— —
Start
Construction
U/70
U/70
VTO
U/70
U/70
U/69
U/70
3/69
7/69
Ml
Finish
Construction
U/72
U/72
U/72
U/72
U/72
10/69
U/71
12/69
7/70
Complete
                                                                                                     W

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TABLE 3 - DISCHARGERS TO THE NASHUA RIVER AND CERTAIN TRIBUTARIES IN MASSACHUSETTS
Municipality or Industry
Location - Type of Waste
Atlantic Union College
Lancaster - Sanitary
Municipal
Clinton - Sanitary
Municipal
Ayer - Sanitary
Hollingsworth & Vose Company
Groton -
Groton Leatherboard Company
Groton -
St. Regis Paper Company
Pepperell - Paper
American Plastics
Fitchburg -
Bemis Company, Inc.
Pepperell -
Municipal
Pepperell - Sanitary
Present
Treatment
Part Primary
Part Secondary
Secondary
Secondary
Settling
None
None
None"
None
Primary
Proposed
Treatment
Secondary
Add Cl2
Add C12
Secondary
Secondary
Secondary
Secondary
Secondary
Secondary
Appropriation Completion
of Funds of Plans
U/68 2/69
3/69
3/69
3/70
3/70
3/70
3/70 12/69
3/70
U/70 2/71
Start
Construction
U/69
U/69
>/69
5/70
5/70
5/70
U/70
5/70
5/71
Finish
Construction
VTO
7/69
7/69
5/71
5/71
5/71
U/71
5/71
6/72

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                                                                         325
 Rj^trnqlcma/ drfowMsi U9altaa^^               Unrmu^ieri/
           0                                                       >^P^v
        73  TREMONT  STREET
BOSTON
MASSACHUSETTS  02108
ROBERT L. YAM, Chairman
WALTER C. ANDERSON, Vlc.-Cholrman
GEORGE L. BURKE, Tr.a.uc.r
ALFRED E. PELOQUIN, Ea.cirtlv. S.cr.tary
                                    CONNECTICUT
                                       MAINE
                                    MASSACHUSETTS
                                    NEW HAMPSHIRE
                                      NEW YORK
                                    RHODE ISLAND
                                      VERMONT
                                                      January 20, 1969
Lester M.  Klashman,  Regional Director
Northeast Region FWPCA
JFK Federal Building, 23rd fl
Boston, Mass.  02203

Dear Mr. Klashman:

         As you will recall, toward the end of the reconvened conference on the
Merrimack and Nashua Rivers  at Concord, N. H.,  on December 18,  1968, the
State and interstate conferees concurred in introducing into the record a state-
ment requesting the  support of the FWPCA and of the Secretary of the Interior in
the adoption of a fiscal program consistent with approved State implementation
programs.  The statement has  been finalized and concurred in by the State  and
interstate conferees and a  copy thereof is attached for inclusion in the Proceed-
ings of the Conference.
                                                      Very
AEP/efc
Enc.
c-McMahon
c-Healy

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                                                                            326
STATEMENT of the Conferees at the Reconvened Conference on the Merrimack
              and Nashua River - December 18, 1968
       '' In noting the detrimental effect of Federal Construction grant cut-backs
in appropriations on State water pollution control programs the  Conferees from
the State of New Hampshire,  the  Commonwealth of Massachusetts, and the New
England Interstate Water Pollution  Control Commission urge that  the Federal
Water Pollution Control Administration and the Secretary of Interior recommend
to the Congress of the United States the adoption of a fiscal program consistent
with the implementation programs adopted by the States throughout the nation.

         It is further  recommended that legislative amendments to the Federal
Water Pollution Control Act do not  vary the present grant percentages to com-
munities for construction of waste treatment facilities or if alternative means  of
financing are introduced the alternative financing measures be at least the equiv-
alent of the present percentages specified in the act.

         The Conferees would also  urge the passage of a separate appropriation
to finance the reimburseable clause of the Federal Act to repay States that have
or will pre-finance the eligible Federal portions of treatment  facilities in antici-
pation of future Federal reimbursements."
                                         *U. a. GOVERNMENT PRINTING OFFICE : 1969 O - 353-42S

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