REPOSITORY
EPA 452-R-64-001
CONFERENCE
In the Matter of
Pollution of the Interstate
and
Massachusetts Intrastate Waters
of the
MERRIMACK AND NASHUA RIVERS
Boston, Massachusetts
February 11, 196U
U.S. Department of Health, Education, and Welfare
Washington 25, D.C.
4
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CONFERENCE
In the fatter of
Pollution of the Interstate
and
Massachusetts Intrastate Waters
of the
MERRIMACK AND NAPFU/S RIVERS
Boston, Massachusetts
February 11, I96U
U.S. Department of Health, Education, and Welfare
Washington ?5, D.C.
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1
££HX5HI1
fAgE?
OPENING 'STATEMENT
By Mr. Stein 3
STATEMENT OF:
ALEXANDER J. KALINSKI 10
HON. TORBERT H. MacDONALD 13
HERBERT H. ROGERS 16, 70
HERBERT R. PAHREN 17
MARK ABELSON 74
JOHN S. GOT rSCHALK 78
CHARLES E. KNOX 97
ARCHIE E. KENEFICK 104
SENATOR JAMES P. RURAK 105
MAURICE E. BILODEAU 112
JOSEPH C. KNOX 117
JOHN PALAZZI 132
JOHN F. CARNEY 141
HON. MARIO J. VAGGE 144
WORTHEN H. TAYLOR 152
SENATOR WILLIAM X. WALL 175
ALBERT H. ZABRISKIE 191
CORNELIUS T. FINNEGAN, JR. 226
MRS. BERNARD H. FLOOD 230
MRS. WILLIAM H. DRURY 239
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CONSENTS
SAG&l
STATEMENT OF:
DONALD M. CROCKER 246
WALTER B. FRENCH 254
MAYOR GEORGE H. LAWLER, JR. 268
EUGENE F. CRANE 272
ANDREW J. GILLIS 277
RAYMOND J. GREENWOOD 283
CHARLES H. W. FOSTER 286
THOMAS F. MARKJiAM 292
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Conference in the Matter of Pollution of the Inter-
state and Massachusetts Intrastate Waters of the Merrimack
and Nashua Kiver6 and their Tributaries (Massachusetts-Nev
Hampshire), convened at 9:30 a.m., Tuesday, February 11, 1964„
at Faneuil Hall, Boston, Massachusetts.
PitESib ii\G:
Mr. Murray Seein, Chief, Enforcement
Branch, Water Supply and Pollution Control,
Public Health Service, Department of Health,
bducatior„ awd Welfare, Washington 25, D. C.
CONFEREES:
Worthen H. 1" ay lor, Director and Chief
Engineer, Division of Sanitary Engineering,
Massachusetts Department of Public Health
John Palazzi, Chairman, New Hampshire
Water Pollution Coranission
William A. Healy, Technical Secretary,
,New Hampshire Water Pollution Commission
Thomas A. LaCava, Chief Water Pollution
Engineer, tfew Hampshire Water Pollution Commission
Alexander J. Kalinski, Assistant Attorney
General, Legal Counsel for the New Hampshire
Water Pollution Commission
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2-A
CONFEREES (Continued):
Joseph C. Knox, Eneaclva Secretary, Mew
England Interstate Water Pollution Control
Coonlsslon
Herbert H. Rogers, Program Director,
Water Supply and Pollution Control, Region I,
Public Health Service, Department of Health,
Education, and Welfare, Boston, Massachusetts
PARTICIPANTS:
Hon. Torbert H. MacDonald, United States
Representative from the State of Massachusetts
Herbert R. Pahren, Senior Sanitary Engineer,
Region I, Water Supply and Pollution Control,
Public Health Service, Department of Health,
Education, and Welfare
Mark Abelson, Regional Coordinator, United
States Department of the Interior, Boston,
Massachusetts
John S. Gottschalk, Regional Director,
United States Bureau of Sport Fisheries and
Wildlife, Boston, Massachusetts
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2-B
PARIICIFANTS (Continued):
Charles E. Knox, District Engineer, Water
Resources Division, United States Geological
Service
Archie E. Kenefick, State Representative,
Lowell, Massachusetts
James P. Rurak, State Senator, Merrimack
River Pollution Commission, Haverhill, Massa-
chusetts
Maurice E. Bilodeau, Base Civil Engineer,
Grenier Field, Manchester, New Hampshire
John F. Carney, City Councilor, Lowell,
Massachusetts
Hon. Mario J. Vagge, Mayor, City of
Nashua, New Hampshire
Hon. William X. Wall, State Senator,
Boston, Massachusetts
Hon. Albert H. Zabriskie, State Represen-
tative, Newburyport, Massachusetts
Cornelius T. Finnegan, Jr., City Solicitor
and State Representative, Lowell, Massachusetts
Mrs. Bernard H. Flood, Member of Board of
Directors, League of Women Voters of Massachusetts
Mrs. William H. Drury, Su-As-Co River Basin
Group, League of Women Voters of Massachusetts
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PARTICIPANTS (Continued):
Donald M. Crocker, Chairman, Nashua River
Committee of the National Council for Stren
Improvement
Walter B. French, General Manager, Jackson
Properties, Inc., Lowell, Massachusetts
Hon. George H. Lavler, Jr., Mayor, City of
Newburyport, Massachusetts
Eugene F. Crane, Treasurer ana General
Manager, Southwell Combing Company, North
Chelmsford, Massachusetts
Andrew J. Gillls, Former Mayor of the
City of Newburyport, Massachusetts
Raymond J. Greenwood, Selectman, Town
of Chelmsford, Massachusetts
Charles H. W. Foster, Commissioner,
Massachusetts Department of Natural Resources
Thomas F. Markham, Field Coordinator,
United States Department of Commerce, Area
Redevelopment Administration
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2-D
OTHERS IN ATTENDANCE:
W. L. Hyland, Vice President, Fay, Spofford
and Thorndike, 11 Beacon Street, Boston, Massa-
chusetts
Ralph W. Home, Engineer. Fay, Spofford and
Thorndike, 11 Beacon Street, Boston, Massachu-
setts
John K. Beeten, Investment Banker, White
Weld, High Street. Boa con, Massachusetts
F. M. Cahaly, Vice President, Fay, Spofford
and Thorndike, 11 Beacon Street, Boston, Massa-
@miS£§§s
William M. 0. Figtdher, Manager Municipal
Research Department, V?hite Weld & Company, 20
Broad Street, New York *, New York
H, J. Hosking, Vice President, Groton
Leatherboard Company, West Groton, Massachusetts
Herbert L. O'Neil, Vice President and
General Superintendent, Falulah Paper Company,
Falulah Road, Fitchburg, Massachusetts
Albert V. Gilet, President, Gilet Wool
Scouring Company, Princeton Street, North
Chelmsford, Massachusetts
C. J. Carney, Assistant to the Manager,
Improvements, Allied Chemical Corporation,
P.O. Box 1069, Buffalo, Ntv York
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OTHERS IN ATTENDANCE (Continued):
Allan J. Morgenroth, Sanitary Engineer,
Morgenroth & Associates, Inc., 294 Washington
Street, Boston, Massachusetts
Donald H. Thomas, Sales, Allied Chemical
Corporation, 150 Causeway Street, Boston,
Massachusetts
Joseph F. Theriault, Chemist, Continental
Can Company, Inc.', Bradford, Massachusetts
E. J. Ferrell, Technical Director,
Weyerhaeuser Company Paper Division, Westminster
Street, Fitchburg, Massachusetts
Harry S. Mosebrook, Public Affairs, Eastern
Region, Weyerhaeuser Company, 230 Park Avenue,
New York, New York
Peter D. Hughes, Sanitary Engineer,
Weyerhaeuser Company Paper Division, Fitchburg,
Massachusetts
John S. Bethel, Jr., Partner, Metcalf &
Eddy, Statler Office Building, Boston, Massa-
chusetts
Charles A. Knapp, Senior Associate,
Metcalf & Eddy, Statler Building, Boston,
Massachusetts
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2-F
OTHERS IN ATTENDANCE (Continued):
Harold D. Kilgore, Sanitary Engineer,
Whitman & Howard, Inc., 89 Broad Street,
Boston, Massachusetts
D. D. Uong, Senior Vice President,
Fitchburg Paper Company, 601 River Street,
Fitchburg, Massachusetts
Kristian Jensen, Jr., Vice President,
Jensen's, Inc., Southington & West Mollis
Street
Eugene E. Gilet, Management Trainee,
Gilet Wool Scouring Corporation, Princeton
Street, North Chelmsford, Massachusetts
Paul Flannery, Camp, Dresser & McKee,
18 Tremont, Boston, Massachusetts
Paul W. Prendiville, Engineer, Camp,
Dresser fe McKee, 18 Tremont Street, Boston,
Massachusetts
Joseph C. Lawler, Partner, Camp, Dresser
& McKee, 18 Tremont Street, Boston, Massachusetts
Prescott C. Fuller, President, Prescott
Fuller Company, 355 Lexington Avenue, New
York, Nev York
Edgar A. Gilet, Treasurer, Gilet Wool
Scouring Corporation, Princeton Street, North
Chelmsford, Massachusetts
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OTHERS IN ATTENDANCE (Continued):
Cordon L. Benson, Sc. Regis Piper Conpany,
Mill Manager, Main Street, East Pepperell,
Massachusetts
John Hadley, Chief Chemist, Falulah Paper
Company, Fitchburg, Massachusetts
Edward M. Nordengren, Haverhill City Council
and City Managerf 22 Lexington Avenue, Haverhill,
Massachusetts
William E. Hays, Senator - 5th District,
455 Lexington Street, Waltham, Massachusetts
Sherwooa J. Tarlow, Coordinator, Governor's
Office, Boston, Massachusetts
Charles Egerton, Selectman, 192 Sroton
Koad, Chelmsford, Massachusetts
Paul F. Newman, Selectman, Town of Billerica,
761 Boston RC, Billerica, Massachusetts
Howard E. Humphrey, Selectman, 208 Westford
Street, Chelmsford, Massachusetts
Joel B. Hill, City Engineer, City Hall,
Nashua, New Hampshire
J. L. Rodgers, Vice President, Salisbury
Water Supply Company, c/o New England Water
Service Corporation, 311 Washington Street,
Islington, Massachusetts
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OTHERS IN ATTENDANCE (Continued):
Raymond Broadhead, Stlectiun, North Andover,
Massachusetts
Vernon R. Fletcher, Representative, 11th
Middlesex District, Che Insford Town Counsel,
34 Chelmsford Street, Chelmsford, Massachusetts
Edward H. Bovley, Jr., Tewksbury Planning
Board, Tewksbury, Massachusetts
Robert C. McAnespie, Merrimack River Pollu-
tion Commission, 6 Middle Street, Dracut,
Massachusetts
W. Albert, Director, Water Pollution,
State of Vermont State Office Building,
Montpclier, Vermont
George McDonough, City Engineer, Lowell,
Massachusetts
James F. Bowdren, Commissioner, New England
Interstate Water Pollution Control Commission,
40 Prospect Street, West Newbury, Massachusetts
Walter G. White, Chairman, New Hampshire
Water Resources, Concord, New Hampshire
Armand E. Provost, Jr., Public Works
Administrator, Public Works Department,
Billerica, Massachusetts
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OTHERS IN ATTENDANCE (Continued):
M. M. Varna, Assistant Professor, Tufts
University, Medford, Massachusetts
N. Bruce Hanes, Assistant Professor,
Civil Engineering Department, Tufts University,
Medford, Massachusetts
Linfield Brown, Tufts University, 920
Miller Hall, Medford, Massachusetts
V. J. Ferreira, Commissioner, New England
Interstate Water Pollution. Control Commission,
140 Mary Street, Arlington, Massachusetts
Fred C. Basile, Commission Member, 303
Kenozz Avenue, Haverhill, Massachusetts
William B. Duffy, Superintendent, Public
Works, 120 Main Street, North Andover, Massa-
chusetts
Arthur P. Chesmore, Assistant Fish & Game
Biologist, Massachusetts Division of Marine
Fisheries, 6 Christopher Street, Newburyport,
Massachusetts
William C. Jerome, Assistant Fish & Cane
Biologist, Massachusetts Division of Marine
Fisheries, 15 Cottage Road, Newbury, Massa-
chusetts
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OTHKftS IN ATTBNDAHCK (Continue):
Frank Grice, Marine Biologist, Massachusetts
Division of Marine Fisheries, Shellfish Treatment
Plant, Newburyport, Massachusetts
£rwin S. Wilder, Pollution Chairman, State
Council Sportsmen's Clubs, 319 Sunwood Street,
West Lynn, Massachusetts
John J. Cooney, Tewksbury Planning Board,
1094 Anderson Street, Tewksbury, Massachusetts
Joseph L. McLaughlin, Merrimack River
Pollution Board, Agent, Board of Health, City
Hall, Newburyport, Massachusetts
Mrs. Roberc A. Lewis, Jr., Newburyport
League o£ Women Voters, 9 Fairview Avenue,
Newbury, Massachusetts
Mr8. P. C. Reardon, League of Women Voters,
28 Avon Way, t^uincy, Massachusetts
Mrs. E. Newcomb Mills, Conservation Com-
missioner, 12 Westford Street, Chelmsford,
Massachusetts
Ingiemarie Richardson, League of Women Voters,
Lincoln Koad, Lincoln, Massachusetts
Mrs. C. M. Dusinberre, League of Women
Voters, 77 Liberty Street, Manchester, New
Hampshire
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2-K
OTHERS IN ATTENDANCE (Continued):
Mrs. Edward Flcishet, Presldeot, Miochfiitcr
League of Worosn Voters, Manchester, New Hampshire
Mrs. David L. Bobroff, Chairman, Suasco River
Basin Group, League of Women Voters, 114 Morse
Road, Sudbury, Massachusetts
Roger P. Rondeau, Senior Sanitary Engineer,
Massachusetts Department of Public Health, State
House, Boston, Massachusetts
Allen N. Cooperman, Assistant Sanitary
Engineer, Massachusetts Department of Public
Health, State House, Boston, Massachusetts
Peter J. Sahlis, Director of Public Health,
Chelmsford Board of Health, Town Hall, Chelmsford,
Massachusetts
Richard M. Power, Sanitary Engineer, Massa-
chusetts Department of Public Health, Room 511,
State House, Boston, Massachusetts
Richard E. Greeley, Massachusetts Department
of Public Health, Room 511, State House, Boston,
Massachusetts
Myrl E. Wilson, Captain, USAF, MSC Sanitary
& Ind. Hyg. Eng., Air Force Systems Command,
3245th USAF Dispensary, L. G. Hanscom Field,
Bedford, Massachusetts
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OTHUS Di ATTBMfeMCE (Continued):
F. H. Piuswk, District Chemist, U. S.
Geological Survey, P. 0. Box 94a, Federal Building,
Albany, Mew York.
E. L. Hill, Chief, Planning & Reports Branch,
Corps of Engineers, Waltham, Massachusetts
Joseph L. Ignaxio, Chief, Small Projects
Section, U. S. Army Engineers, 424 Trapelo Road,
Waltham, Massachusetts
Carl F. Nelson, Jr., U. S. Fi6h & Wildlife
Service, 3 Pleasant Street, Concord, New Hampshire
Earle S. King, District Sanitary Engineer,
D. P. W. 0 1 B, 295 Summer Street, Boston,
Massachusetts
Robert H. Keeves, Senior Assistant Sanitary
Engineer, U. S. Public Health Service, 120 Boylston
Street, Boston, Massachusetts
Arthur M. Menard, Regional Attorney, DHEW,
Region I, 120 Boylston Street, Boston, Massachu-
setts
Hayse H. Black, Industrial Wastes Consultant,
U.S.P.H.S. *¦ KASEC, 4676 Columbia Parkway,
Cincinnati, Ohio
John W. Fullenwider, Assistant Sanitary
Engineer, U.S.P.H.S., 120 Boylston Street,
Boston, Massachusetts
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2-M
OTHERS IN ATTENDANCE (Continued):
Frank Tetzlaff, Sanitary Engineer, U.S.P.H.S.,
120 Boylston Street, Boston, Massachusetts
Harold F. Clark, Bacteriologist, S.E.C.,
4676 Columbia Parkway, Cincinnati, Ohio
F. W. Kittrell, Chief, Pollution Evaluation,
U.S.P.H.S., 4676 Columbia Parkway, Cincinnati,
Ohio
John T. Talty, Region I. C. Cons. U.S.P.H.S.,
Region I, 120 Boylston Street, Boston, Massachu-
setts
Dr. H. C. Huntley, U.S.P.H.S., Region I,
120 Boylston Street, Boston, Massachusetts
Edward F. £4. Wong, Uegional Shellfish Sanitary
Consultant, U.S.P.H.S., DHEVf, 120 Boylston Street,
Boston, Massachusetts
Walter W. Mode, Acting Regional Director,
U.S.P.H.S., DHEW, 120 Boylston Street, Boston,
Massachusetts
Paul Busch, Harvard University, 115 Nottingham
Road, Brighton, Massachusetts
H. Nugent Myrick, Research Fellow, Harvard
University, 40 Oxford Street, Cambridge, Massa-
chusetts
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OTHERS IN ATTENDANCE (Cont isused):
Dr. Warner N. Crune, Professor of Sanitary
Engineering, Chairesan, Department of Civil
Engineering, Merrimack College, North Andover,
Massachusetts
Francis T. Bergin, MDC - Boston, 20 Sonerset
Street, Boston, Massachusetts
J* Frank Cassel, Chairman of Zoology, North
Dakota State University, 45 Mystic Valley Parkway,
Winchester, Massachusetts
Charlotte V. Kuh, Student, Radcliffe College,
56 Linneean Street, Cambridge, Massachusetts
Cornelius J. O'Leary, Graduate Student,
Tufts University, Medford, Massachusetts
Lindley H. Hall, Graduate Research Assistant,
Tufts University, Medford, Massachusetts
Alvin S. Goodman, Associate Professor of
Civil Engineering, Northeastern University,
Boston, Massachusetts
J. McKeown, Regional Engineer, N.C.S.I.,
Tufts University, Medford, Massachusetts
John W. Hermandes, NIH Fellow, Harvard
University, 40 Oxford Street, Cambridge,
Massachusetts
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OTHERS IN ATTENDANCE (Continued):
Michael J. Bennett, Reporter, Boston Herald,
Harrison Avenue, Boston, Massachusetts
Earl Bahher, Boston Globe, Boston, Massachu-
setts
John A. Long, Reporter, The Christian Science
Monitor, Boston, Massachusetts
Arnold Goldstein, Independent Observer, 306
Pleasant Street, Winthrop, Massachusetts
Edward W. Leary, Mechanical Engineer,
Lowell, Massachusetts
Hugh F. Cawley, Middle Street, West Newbury,
Massachusetts
Harold C. Pratt, Jr., 157 Cooliage Hill,
Cambridge, Massachusetts
William R. Simoneau, 237 Lake Street,
Nashua, New Hampshire
Ronald Plante, 7 Ridge Street, Nashua,
New Hampshire
Fred Ricciardelli, LynnfieId, Massachusetts
Vincent Liberto, Civil Engineer, NHFA,
346 Broadway, New York, New York
Edward F. Locke, Office Engineer, Public
Service Company of New Hampshire, 1087 Elm Street,
Manchester, New Hampshire
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OTHERS IN ATTENDANCE (Continued):
Don Sinville, Public Service Company of New
Hampshire, Manchester, New Hampshire
Roy V. Lenordsin, Municipal Services Depart-
ment, 40 Water Street, Boston, Massachusetts
Frank Brown, Senior Engineer, New England
Power Company, 441 Stuart Street, Boston,
Massachusetts
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Opening Statasaent - f&r. St«in
3
llSilOI" GS
OPENING STATEMENT
BY
a4Kc MURRAY STfclC*
Mri. STEIN: ihe conference is open.
This conference in the matter of pollution of the
interstate and Massachusetts intrastate waters of the i'ferri-
mack and Nashua divers anc tueir tributaries involving the
States of Massachusetts a^c hew Hampshire, the New England
Interstate Water Pollution Control Commission, and the
department of Health, £ducacxon, and Welfare, xs being held
under the provisions of Section 8 of the Federal Water
Pollution Control Act.
Under the terms of the Act, the Secretary of Health,
Education, and VJelfare is authorized to call a conference of
this type when requested to do so by the Governor of a State
and when on the basis of reports, surveys, or studies, he
has reason to b«lieve that pollution of interstate waters
subject to abatement under the Act is occurring.
In a letter dated February 12, 1963, to the Honor-
able Anthony Celebrezze, Secretary of Health, Education, and
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Opening Statement - Mr. Stein 4
Welfare, Governor Endicott Psibody of Massachusetts re
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Opening Statement - Mr. Stein 5
State of New Hampshire, the conferees are John Palassi, Chair-
man, New Hampshire Water Pollution Commission, William A.
Healyt Technical Secretary, New Hampshire Water Pollution
Commission, Thomas A. LaCava, Chief Water Pollution Engineer,
New Hampshire Water Pollution Cosnission, and Alexander J.
Kalinski, Assistant Attorney General, legal counsel for the
New Hampshire Water Pollution Commission. Representing the
New England Interstate Water Pollution Control Co&mission is
Mr. Joseph C. Knox. Mr. Herbert H. Rogers, the liegional
Program Director for Water Pollution Control Activities, with
headquarters in Boston, has been designated as conferee for
the Department of Health, Education, and Welfare.
My name is Murray Stein and I'm from headquarters
of the Department of Health, Education, and Welfare, in
Washington, D. C.
As you know, the conference procedure is a tried
and proven technique. In many of the States, the conference
is usea informally in the day to day business of water
pollution control. And as long ago as 1921 the value of
this technique was recognized by the United States Supreme
Court when in the famous case of New York against New Jersey
involving interstate pollution, it stated, and I quote:
"We cannot withhold the suggestion inspired by
the consideration of this case, that the grave problems
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Opening Statement - Mr. Stein {
of sewage disposal presented by the Urge and growing
population living on the shores of New York Bay is
one aore likely to be wisely solved by cooperative
study and by conference and nutual concession on the
part of representatives of the states so vitally
interested in it than by proceedings in any court,
however constituted."
We strongly support the conference technique, and
we in the Federal program measure our success by the situa-
tions which are solved at the conference stage rather than
by the court actions we bring.
Both the States and the Federal Government have
responsibilities 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. However, the Secretary of Health, Educa-
tion, and Welfare also is charged by law with specific
responsibilities in the field of water pollution control,
in connection with pollution of navigable and interstate
waters which endangers the health or welfare of persons.
The Act provides that pollution of interstate waters, whether
the matter causing or contributing to such pollution is
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Opening tcaUMat - Mr. Stein 7
discharged directly into such waters, or reaches such waters
after discharge into a tributary of such waters, which ea-
dangers the health or welfare of persons in a State other
than that in which the discharge originates, is subject to
abatement. The Act also states that the Secretary shall call
a conference at the request of the Governor of any State if
that request refers to pollution of interstate or navigable
waters which is endangering the health or welfare of persons
only in the requesting State in which the discharges originate,
or if the request refers to pollution of waters which is
endangering the health or welfare of persons in a State other
than that in which the discharge originates.
The purpose of this conference is to bring together
representatives of the State and interstate water pollution
control agencies and the Department of Health, Education, and
Welfare, and other interested parties to review the existing
situation, the progress which has been made , to lay a basis
for future action by all parties concerned and to give the
States, localities and industries an opportunity to take any
remedial action which may be indicated under State and local
law.
Under the Federal Law, the Secretary is required,
at the conclusion of the conference, to prepare a staaoary of
it which will be sent to the conferees. The susmary,
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Opening Statement - Mr. Stein
according to law, must include the following:
1. Occurrence of pollution of interstate and
navigable waters subject to abatement under the
Federal Act;
2. Adequacy of measures taken toward abatenant
of pollution;
3. The nature of delays, if any, being en-
countered in abating the pollution.
Subsequent to the holding of a conference , the
Secretary of Health, Education, and Welfare, is required to
make recosmendations for remedial action if such recaonenda-
tions are indicated.
In order to help us provide a serviceable summary,
we suggest the conference discussions be directed toward
covering those points outlined above. The conference con-
clusions and recommendations will be based solely on the
material presented in this record. Mr. A. M. Zinner is
making a verbatim report of the conference, so we will have
a complete record of what is said and done here. The con-
ference summary and the verbatim report will be made avail-
able to the official State water pollution control agencies
of Massachusetts and New Hampshire and to the New England
Interstate Water Pollution Control Commission. We would
suggest that all Interested parties who wish a copy of the
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Opening SutMNnt - Mr. Stein
luanary of the transcript, after the conference, get in touch
with their State agencies.
All the conferees will be called upon to make
statements. The conferees, in addition, may call upon
participants they have invited to the conference to make
statements. At the conclusion of each statement, the con-
ferees will be given an opportunity to comment: or ask ques-
tions. This procedure has proven effective in the past in
developing a clear picture of the problem and in reaching
agreements on equitable recommendations and conclusions.
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 will
attempt to summarize the conference orally, giving the
conferees, of course, the right to amend or suggest modifica-
tions of the summary.
We would suggest that persons called upon to make
statements came up to the lectv *;n to speak so that everyone
can hear them, and that they Identify themselves as to name
and affiliation.
At this point we have a reservation of rights
statement by the State of New Hampshire and the New Hampshire
Water Pollution Commission, which we would like to have in-
serted in the racord as if read. Without objection, that
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Opening SutOMnt - Mr. Stein
will be done.
following is the statement above referred
to:)
RESERVATION OF RIGHTS STATEMENT OF THE STATE
OF NEW HAMPSHIRE AND THE NEW HAMPSHIRE WATER
POLLUTION COMMISSION CONCERNING THE FEBRUARY
11, 1964 CONFERENCE ON THE MERRIMACK AND
NASHUA RIVERS
My name is Alexander J. Kalinski. I am an Assis-
tant Attorney General for the State of New Hampshire. I
appear here today as a legal representative of the State of
New Hampshire and of the New Hampshire Water Pollution Com-
mission, the state agency charged with the responsibility
of administering our water pollution law.
The purpose of this brief statement is to set
forth a reservation of rights by the State of New Hampshire
and the New Hampshire Water Pollution Commission with re*
ference to the legality of this conference, and to clarify,
for the record, the extent of our conditional participation
in this conference.
First of all, the State of New Hampshire and the
New Hampshire Water Pollution Commission challenge the
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11
A. J. Kalinski
legality of the calling and holding of this conforesee by
the Secretary of the Department of Health, Education, and
Welfare, upon three grounds:
There is no jurisdiction in the Secretary
to call such a conference as the first step of an
enforcement proceeding under the provisions of the
Federal Water Pollution Control Act, 33 U.S.C. 466,
et seq., in the light of the factual background
and circwstances existing in this situation. In
fact, the Secretary exceeds his authority and
contravenes the clear intent of the statute by
calling such a conference as the first step in an
enforceaent proceeding.
This conference proceeding is procedurally
deficient in that the Secretary, although he has
authority under the statute, has failed to promul-
gate any regulations to cover the procedures to be
followed at such a conference. Past experience
indicates that such so-called conferences have been
held more on the basis of a hearing than a confer-
ence, and what might be called a probable cause
hearing at that. Such procedures are legally insuf-
ficient and vithout any statutory basis.
3. There is a serious question concerning the
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12
A. J. Kalinski
constitutionality of the enforcantnt provisions of
tha Federal Water Pollution Control Act, 33 U.S.C.
466, et seq., insofar as the right of the United
States to bring an enforcement and abatement action
on interstate waters is concerned without any pur-
pose relating to the control of navigation or the
regulation of commerce on such waters being sought
thereby.
Reserving its rights to challenge this conference
on the legal grounds set forth above should it later be
necessary to do so, the New Hampshire Water Pollution Com-
mission has designated the following individuals to partici-
pate as conferees in this conference:
John Palazzi, Chairman, Mew Hampshire Water
Pollution Commission.
William A. Healy, Technical Secretary, New
Hampshire Water Pollution Commission.
Thomas A. LaCava, Chief Water Pollution
Engineer, New Hampshire Water Pollution Coonlssion.
Alexander J. Kalinski, Assistant Attorney
General, legal counsel for tha New Hampshire Water
Pollution Commission.
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T. H. HtcDooald
MR. STEIN: We also have a statement from the
Honorable Torbert H. MacDonald of Maiden, a Representative
in the U. S. Congress of the Seventh District. His state-
ment is as follows:
"Mr. Chairman, I want to thank you for the oppor-
tunity to testify this morning before your enforcement
conference on pollution in the Merrimack and Nashua Rivers.
I know that the conferees, representing Federal, State and
local water pollution control agencies, hope to reach an
agreement on the program for action to restore these waters
to their former healthy state.
"As a 11. S. Congressman, 1 will devote my remarks
to the role and activity of the Federal Government in the
vital area of water pollution control. It is my privilege
to serve on the Natural Resources and Power Subcommittee
of the House Committee on Government Operations. This Sub-
committee has been making an exhaustive study of the Nation *s
water contamination problems. The Subcommittee has taken
nineteen days of testimony in Washington last May and June
and followed these hearings with inspection trips and field
hearings in New Jersey, Illinois, Connecticut, the State of
Washington, and Texas. A visit to Alabama is scheduled for
next week. Thus, I, along with my colleagues on the Sub-
committee, have had the opportunity to hear from those
-------
14
T. H. MacDonald
actually working in this area and to personally observe water
pollution problems and control programs in widely separated
regions of the United States. These hearings, both in Wash-
ington and in other parts of the Nation, have impressed me
with the magnitude of the problem, the dedicated efforts
which are being put forth to solve this problem and the
difficult job that has to be done.
"The testimony before the Subcommittee has clearly
set forth the problem and the task ahead. We know that a
relatively fixed water supply must meet the needs of a
growing population; that modern technology, and an increasing
urbanization compound the problem; that the re-use of avail-
able water will be more and more necessary; and that pollution
must be controlled and abated at an accelerated pace if we
are to have enough water of adequate quality in the years
ahead. These goals call for the best efforts of the States
and our interstate agencies, of municipalities and of indus-
try. It also demand8 public awareness and concern.
"The Federal Water Pollution Act, legislation which
1 actively supported in the Congress, recognizes the primary
right8 and responsibilities of the States in preventing and
controlling water pollution. It holds out the support of
the Federal Government through research, technical services
and financial assistance to States, interstate agencies, and
-------
15
T. H. MacDonald
municipalities. in Massachusetts, as of Noveafcer 30, 1963,
elghcy'tilnc projects had received Federal money under
Act which totals $9,559,366 for the construction of needed
waste treatment works. Unfortunately even this sireable sua
has not been sufficient to meet the backlog of applications.
Under the law, the Massachusetts Department of Public Health
has control over which project shall take priority over other
projects based on financial as well as water pollution con-
trol needs.
"The principal thrust of the Federal program is,
and I firmly believe should continue to be, based on a
cooperative effort. Trie abatement authority which the Act
confers on the Secretary of Health, Education, and Welfare
calls for a three-step enforcement procedure -- a conference,
a public hearing and court action. The latter action is
only taken if the preceding step does not result in timely
action to abate pollution. There have been an impressive
record of abatement schedules agreed upon at these confer-
ences and on which action is followed through by the par-
ticipants. I believe that experience has shown that the
Congress was correct in establishing this conference appa-
ratus .
"I wish you ever success in achieving the purpose
of the conference — to raise the quality of the waters of
-------
16
T. H. MacDonaId
the Merrimack and Nashua Rivera and their tributaries for
benefit of the people of our Commonwealth and our
neighboring State of New Hampshire who live and work along
their banks. I offer my services to have the Federal Govern-
ment work in harmony with our State agencies."
MR. STEIN: rhat concludes Congressman MacDonald's
statement.
At this point, we would like to call on Mr. Herbert
Rogers for the presentation of the Department of Health,
Education, and Welfare, and other Federal agencies.
Mr. Rogers.
STATEMENT OF HERBERT H. ROGERS,
CONFEREE AND REGIONAL PROGRAM
DIRECTOR, WATER SUPPLY AND POLLU-
TION CONTROL, REGION 1
MR. ROGERS: I am Herbert H. Rogers, Regional
Program Director, Water Supply and Pollution Control, De-
partment of Health, Education, and Welfare, having responsi-
bility for this program in the six New England States.
Region 1 of the Department of Health, Education,
Welfare has prepared a technical report on water quality
and water uses of the Merrimack and Nashua River Basins.
-------
17
H. H. Rogers
The source of the data was State and interstate agencies as
well as from other sources. Mr. Herbert R. Pahren, Senior
Sanitary Engineer, of the Region 1 Water Supply and Pollution
Control staff, will present the technical report.
STATEMENT OF HERBERT R. PAHREN,
SENIOR SANITARY ENGINEER, REGION 1,
WATER SUPPLY AND POLLUTION CONTROL,
DEPARTMENT OF HEALTH, EDUCATION,
AND WELFARE
MR. PAHREN: Mr. Chairman, Conferees, ladies and
gentlemen:
In a letter dated February 12, 1963, Governor
Endicott Peabody of Massachusetts requested the Honorable
Anthony J. Celebrezze, Secretary of Health, Education, and
Welfare, to call a conference to consider the pollution of
the Merrimack River, the Nashua River, and tributaries of
these rivers, which affects both the Interstate reaches of
these waters and the intrastate portions within Massachu-
setts.
On September 23, 1963, Mr* Celebrezze announced
that such a conference would be held on February 11, 1964,
in Boston.
-------
18
H. R. Pahren
This report is based on previous reports, data and
other material furnished by the Massachusetts Department of
Public Health, the New Hampshire Water Pollution Commission,
and the New England Interstate Water Pollution Control Com-
mission; information furnished by other interested federal
agencies; data obtained by and official records of the Public
Health Service; information furnished by the National Council
for Stream Improvement; and the 1963 Report on Pollution
Control for the Merrimack River in Massachusetts by Camp,
Dresser and McKee, under contract with the Massachusetts
Department of Public Health.
The cooperation of the numerous agencies and
individuals is gratefully acknowledged.
The Merrimack River Basin has its headwaters in
the White Mountains in New Hampshire. The river flows in
a southerly direction through New Hampshire and just after
entering Massachusetts turns abruptly east for a distance of
about 45 miles where it empties into the Atlantic Ocean at
Newburyport, Massachusetts. One of its main branches is
the Nashua River, which originates in Massachusetts, flows
into New Hampshire, and is tributary to the Merrimack River
at Nashua, New Hampshire. The main stem of the Merrimack is
formed at the confluence of the Pemigewasset and Winnepesaukee
Rivers at Franklin, New Hampshire, and has a total length of
-------
19
H. R. Pahren
116 miles, Che lower 22 miles of which are tidal. Lands
drained -by the Merrimack Hiver consist of 5,010 square miles,
of which 3,800 square miles are in New Hampshire and 1,210
square miles lie in Massachusetts.
The area covered by this report consists of the
ent^re drainage oi the Merrimack Kiver in Massachusetts; in
New Hampshire it primarily includes the stream from the state
line to Franklin along with the Nashua and the lower Souhegan
rivers. This is outlined in Figure 1. The New Hampshire
sections were selected on the basis of discharges causing
pollution effects on waters within Massachusetts.
(Figure 1 is as follows:)
-------
MERRIMACK RIVER
NEW HAMPSHIRE —MASSACHUSETTS
FIGURE I
LINCOLN
FITCHBURG
franklinV^'^/vNiP
CONCORD • IX
• MANCHESTER
/
HAVERHILL
o
NASHUA
Uj
^ LAWRENCE
Uj
Hi
LOWELL
Uj
Q
NEW HAMPSHIRE
MASSACHUSETTS
LEOMINSTER • V*
-------
21
H K. Pahren
BACKGROUND
The water quality condition of the Merrimack ftlver
has been of public concern for more than 75 years. Exanina-
tion of the water for the then existing untreated water
supplies for Lowell and Lawrence began in 1887.
fhe governing body of Massachusetts ordered the
State Board of Health to report on the sanitary condition of
the Merrimack in 1903, and this report, to the effect that
pollution was increasing rapidly, was made in 1909. In
1909 the State Board of Health was again ordered to report,
and this report, made in 1913, stated that the objectionable
conditions found were due to large quantities of wool scour-
ing wastes, other industrial wastes, and raw municipal sewage
being dumped into the river. It also stated that the Merri-
mack was considerably polluted at the point at which it
entered Massachusetts. fhe report recommended waste treat-
ment by the cities and towns. The Department of Public
Health was again ordered to investigate Merrimack Kiver
pollution in 1923, and the report was delivered in 1924.
This report suggested that the problem could be solved by
building sewage and industrial treatment plants locally or
by constructing a trunk sewer from Lowell to the ocean
without treatment. The trunk sewer to the ocean was recom-
mended as being somewhat cheaper, with total construction
-------
22
H. R. Pahran
cost estimated at $9,992,400. In 1928 the Department of
Public Haalth was again diroctod to investigate pollution in
the Merrimack, and this report, aada in 1929, indicated a
marked reduction in wastes due to the business depression,
but the river was still excessively polluted.
The Acts of 1935 created the Merrimack River Val?ey
Sewerage District and the Merrimack River Valley Sewerage
Board and provided that they remain in existence only until
January 1, 1936, unless $10,000,000 had been provided by the
federal government for construction. No money was appro-
priated. The Acts of 1936 re-established these entities
until January 1, 1933, with no appropriation of funds but
with power to start construction if federal funds were do*
nated. In 1937 a special commission wa6 created to study
problems of the Merrimack Valley, including pollution of the
river. This conaission report, made in 1938, recommended
the trunk sewer to the ocean with primary treatment at a
revised construction cost estimate of $27,050,000.
In 1936 and 1938 the Federal Works Progress Ad*
ministration published reports on the Nashua and Merrimack
rivers. The two reports list each »xgnifleant sewage and
industrial discharge to the streams along with their specific
locations. It was stated that the Merrimack River was con-
siderably polluted in its course through New Hampshire and
-------
23
H. ft. Pihrtn
that the river as it entered Massachusetts was too polluted
for domestic water supply even aftar treatment but mi not
objectionable for recreation. Tha analyses indicated heavy
pollution below Lowell and groaa pollution below Lawrence
and Haverhill. The Nashua River was polluted by domestic
and industrial wastes from Fitchburg to the state line.
In 1945 a Joii>t Board consisting of the Merrimack
River Valley Sewerage Board and the Department of Public
Health was created to give further study and consideration
to the Merrimack River pollution. There was still no money
appropriated for construction to alleviate pollution; how-
ever, sufficient funds were made available to employ a con-
sultant. The firm of Ihomas ft. Camp, Consulting Engineers,
Boston, was retained. They delivered their complete and
exhaustive report to be filed with the numerous others in
1947. This report indicated that during dry weather the
Merrimack River was so grossly polluted by domestic sewage
that the concentration of bacteria of fecal origin from the
state line to the ocean was too high to permit the safe use
of the river water for bathing and recreational purposes and
for the growing of shellfish for marketing. It also stated
that the Merrimack entered Massachusetts with a coliform
count in excess of the allowable limit and that, if treatment
plants were established in Massachusetts, untreated sewage
-------
24
H. R. Pahren
from New Heapshire would be a menace to the use of the Merri-
mack River for recreational purposes upstream from Lowell.
The report added that organic discharges, primarily from
Industrial wastes, grossly polluted the river from Lowell to
the sea and resulted in a depletion of dissolved oxygen of
the water during dry weather to an extent sufficient to
destroy fish life and at times to cause odor nuisance. The
engineers determined that construction cost o£ the trunk sewer
from Lowell to the ocean had increased from the original
State Board of Health estimate in 1924 ot $9,992,400 to
$50,675,200 as of 1947 with an additional $5,717,600 to be
added for primary treatment.. They recommended local and
regional collection and treatment as being much cheaper
(total construction cost $27,581,100).
During the succeeding 16 years the important task
of studying and reporting on the serious pollution of the
Merrimack River Basin was carried on by such entities as
the New Hampshire Water Pollution Commission, the Massachu-
setts Department of Public Health, the New England-tsew York
Inter-Agency Commit.roe, the New England Interstate Water
Pollution Control Commission, and the Public Health Service.
All of these agencies have done their job well, and the
serious conditions in the Merrimack River Basin have been
thoroughly documented.
-------
25
H. R. Pahren
In 1963, fifty years after treatment works were
initially recoosended for the cities and towns on the Herri*
mack, the firm of Camp, Dresser and McKee, Consulting Engin-
eers, Boston, again prepared an engineering report for the
Massachusetts Department of Public Health with recoranendations
and cost estimates for waste treatment construction to
alleviate the serious pollution. As expected, the cost for
remedial measures again increased.
SOURCES OF fOLLUi CON
&aw and partially treated sewage and industrial
wastes discharge lo most: of the length of the Merrimack &iver
and several of its tributaries. A summary of the waste
discharges to the* Merrimack Kiver within the study area is
given in Table 1. A similar summary fox- the Nashua Kiver
is presented in Table 2.
(Tables 1 and 2 are as follows:)
-------
TABLE 1
Estimated Characteristics of Sewage and Industrial Wastes
Discharged to Merrimack River and Tributaries within Study Area
Discharge
Type of
System*
Type of
Treatment
Population Equivalents Discharged"
bacterial Suspended Solids Oxygen"
f unite r
Number ft Total"
suspend
Number
ft Total Nunc
NEW HAMPSHIRE
Franklin
S-C
None
Moo
1.14
4.500
0.50
MOO
0.51*
Boscawen
S-C
None
4oo
0.10
400
0.04
400
0.05
Brezner Tanning
Corporation, Boscawen
-
None
-
-
2,500
0.28
1,500
0.18
Concord (Penacook)
-
None
2,000
0.50
50,000
5.53
32.000
3.84
Penacook Fibre Company,
Penacook
-
Wastes recirculated
-
-
0
C">
CVI
0.03
200
0.02
Concord
S-C
None
2k,000
6.06
24.000
2.65
24,000
2.88
Pembroke
S
None
1,800
0.U5
1,800
0.20
1,800
0.22
Allenstown
c
None
1,250
0.32
1,250
0.14
1,250
0.15
Hookset
-
None
1,000
0.25
1,000
0.11
1,000
0.12
State Industrial School
-
None
300
0.08
300
0.03
300
0.04
Manchester
c
None
62,000
15.65
62,000
6.86
62,000
7.1*3
M Schwer Realty Company,
Manchester
-
None
-
-
650
0.07
6.500
0.78
Granite State Packing
Company, Manchester
-
None
-
-
19,000
2.10
46,000
5.52
MKM Knitting Mills Inc,
Manchester
-
None
-
-
400
0.04
4,000
0.48
Manchester Hosiery Mills,
Manchester
-
None
-
-
10
-
50
0.01
Seal Tanning Company,
Manchester
-
None
-
-
8,000
0.88
5,000
0.60
Stephen Spinning Company
Manchester
-
None
-
-
400
0.04
4,000
0.48
Waumbec Mills Inc,
Manchester
-
None
-
-
700
0.08
7,200
0.86
Grenier Air Force Base
s
None
1,500
O.38
1,500
0.17
1,500
0.18
•Type ot System: S = Separate Sewers; C » Combined Sewers.
to
-------
TABLE 1 (Continued)
Estimated Characteristics of Sewage and Industrial Wastes
Discharged to Merrimack River and "Tributaries within Study Area
Population Equivalents Discharged"
Discharge
Type of
Type of
Bacterial
Suspended Solids
Oxygen Demand
System*
Treatment
Number
f> Total
Number
Total
Number
f> Total
Merrimack (Reeds Ferry)
S-C
None
200
0.05
200
0.02
200
0.02
Merrimack
S-C
None
200
0.05
200
0.02
200
0.02
Merrimack Leather Company,
Merrimack
-
None
-
-
12.000
1-33
7,500
0.90
Wilton
c
None
1,000
0.25
1,000
0.11
1,000
0.12
Hillsborough Mills, Wilton
-
None
-
-
7,000
0.77
3,500
0.42
Milford
c
None
3,000
0.76
3,000
0.33
3,000
0.36
Granite State Tanning
Company, Nashua
-
Settling
-
-
12,000
1.33
16,500
1.98
Nashua Finishing Company,
6.500
3.60
Nashua**
-
None
-
-
0.72
30,000
Acme Cut Sole Company,
Nashua***
-
None
-
-
10
-
325
0.04
Sanders Associates,
Nashua*>H»
-
None
-
-
850
0.09
1,200
0.l4
Johns-Manvilie Company,
o.o4
Nashua
-
Settling
-
-
350
220
0.03
Nashua
S-C
Partly untreated,
28,500
7.19
28,200
3.12
30,300
3.63
partly primary,
partly secondary
Hudson
S-C
None
600
0.15
600
0.07
600
0.07
Derry
S
Secondary
40
0.01
600
0.07
400
0.05
Salem
c
None
1,000
0.25
1,000
0.11
1,000
0.12
TOTAL NEW HAMPSHIRE
133,290 33-6 252,150 27.9 299, H»5
35.9
•"type of System: S = Separate Sewers; C = Combined Sewers.
••closed 12/31/63 but may be reactivated by another firm.
~•~Once a month 3,000-gallon batch of spent chrome tan solution dumped containing 24,000 mg/l chromium. This
probably causes toxic conditions in river during low flows.
~•••Plating baths periodically dumped. Probably contain copper and cyanide and may cause toxicity problem in
stream.
-------
TABUS 1 (Continued)
Estimated Characteristics of Sewage and Industrial Wastes
Discharged to Merrimack River and Tributaries vithin Study Area
Discharge
Type of
System*
Type of
Treatment
Population Equivalents Discharged
Bacterial Suspended Solids Oxygen
Number % Total Number % Total Number j ftjrtaT
MASSACHUSETTS
Southwell Combing Company,
Chelmsford**
H E Fletcher Company,
Chelmsford
Oilet Wool Scouring Corp,
Chelmsford***
J P Stevens & Co, Dracut
Dracut
Chemical Mfg Company,
Ashland
General Electric Company,
Ashland
Marlborough
Westhorough
Hudson Combing Co, Hudson
Hudson
Maynard
Massachusetts Reformatory
Concord
Billerica House
of Correction
Billerica
Ho Billerica Co, Billerica
Talbot Mills Inc, Billerica
Lowell Rendering Company,
Billerica
•Type of System: S - Separate Severs; C « Combined Sewers.
~•Also discharges 2,380 pounds of grease per day.
¦¦¦Also discharges 3,120 pounds of grease per day.
-
Grease recovery
-
-
30,800
3.M
22,100
2.65
-
None
-
-
2,9^0
0.33
150
0.02
-
None
-
-
13,600
1.50
19,700
2.36
-
None
-
-
-
-
850
0.10
s
None l
,000
0.25
1,000
0.11
1,000
0.12
-
Neutralization,
-
-
-
•
500
0.06
sand filter
-
Neutralization,
-
-
150
0.02
alkaline-chlorination
.
s
Secondary with CI2
130
0.03
900
0.10
600
0.07
s
Secondary
120
0.03
150
0.02
150
0.02
-
Settling and lagoons
-
-
1,000
0.11
950
0.11
s
Secondary with CI2
70
0.02
1,080
0.12
720
0.09
s
Secondary
510
0.13
1,020
0.11
680
0.00
-
Secondary
40
0.01
50
0.01
50
0.01
s
Secondary
180
0.05
225
0.03
225
0.03
-
Secondary with CI2
k
50
0.01
35
s
Secondary with CI2
20
0.01
100
0.01
75
0.01
-
Hone
-
-
1,1*10
0.16
5,530
0.66
*
None
-
-
450
0.05
4,120
0.49
-
Grease recovery
-
-
5,300
0.59
11,000
1.32
-------
TABI£ 1 (Continued)
Estimated Characteristics of Sewage and Industrial Wastes
Discharged to Merrimack River and Tributaries within Study Area
Population Equivalents Discharged
Discharge °f Type of Bacterial Suspended Solids Oxygen Demand
System* Treatment Number Total Number % Total Number % Total
Ames Textile, Lowell
None
735
0.08
2,970
0.36
Vertipile Inc, Lowell
Centrifuges
-
-
2,730
0.30
1,560
0.19
Jean-Alan Products Company,
Lowell
None
-
_
970
0.11
820
0.10
Robinson Top & Yarn Dye
Works, Lowell
None
-
-
560
0.06
1,230
0.15
United Elastic Co, Lowell
None
-
-
290
0.03
650
0.08
Vogue Silver Co, Lowell
None
-
_
60
0.01
180
0.02
Middlesex Worsted Spinning
Co and Suffolk Knitting
Co, Lowell
None
-
-
75
0.01
1,120
0.13
Conmodore Foods Inc, Lowell
None
-
_
1,350
0.15
0
GO
rH
0.14
Lowell
None
90,000
22.71
91,000
10.06
93,000
11.15
U S Veterans Hospital
Tertiary with Clg
-
-
20
-
15
-
State Hospital, Tewksbury
Secondary with CI2
26
0.01
130
0.01
130
0.02
Raytheon Co, Tewksbury**
Settling
-
-
100
0.01
250
0.03
Andover
S Partly untreated,
partly secondary
8,Uoo
2.12
12,600
1.39
8,400
1.01
Mead Corporation, Lawrence
•Wastes recirculated,
save-alls
-
-
30,600
3.38
13,890
1.67
Oxford Paper Company,
Wastes recirculated,
-
-
51,100
5.65
32,100
3.85
Lawrence
save-alls, chemical
treatment
Agawam Dye Works Inc,
Lawrence
None
-
-
-
-
705
0.08
Herrimac Paper Company,
Lawrence**
Wastes recirculated
-
-
5,100
0.56
k,koo
0.53.
Lawrence Wool Scouring
Company, Lawrence***
Grease recovery
-
-
13,500
1.49
9,180
1.10
~Type of System: S = Separate Sewers; C = Combined Sewers.
~•Data estimated by the Public Health Service.
~~~Also discharges 860 pounds of grease per day.
N
VO
-------
TABLE 1 (Continued)
Estimated Characteristics of Sewage and Industrial Wastes
Discharged to Merrimack River and Tributaries within Study Area
Discharge
Type of
System*
Type of
Treatment
Number
Population Equivalents Discharged
Bacterial Suspended Solids Oxygen De—
Loo« Veave Corporation,
Lawrence**
-
None
-
-
440
0.05
1,760
0.21
Lawrence
C
None
70,000
17.67
149.000
16.48
120,000
14.39
Western Electric Company,
Ko Andover
-
Neutralization
-
•
400
0.04
135
0.02
lo Andover
c
None
9,000
2.27
18,800
2.08
13,600
1.63
Methuen
s
None
17,000
4.29
18,000
1-99
23,800
2.05
Continental Can Conpany,
-
Wastes recirculated,
-
-
77,000
8.51
47,000
5.64
Haverhill***
save-alls
Hoyt & Worthen Tanning
Corporation, Haverhill**
-
Grease and oil recovery
•
7,000
0.77
4,400
0.53
Cowa ft Shaln Inc,
Haverhill
-
None
-
-
10
790
0.09
C F Janeson Company,
Haverhill
-
None
-
-
60
0.01
60
0.01
Haverhill
c
None
kk,000
11.10
71,000
7.85
50,000
5.99
Aaesbury Fibre
-
Wastes recirculated,
-
-
6,820
0.75
3,530
0.42
Corporation, Aaesbury
save-alls
Merriaae Bat Co, Aaesbury
-
None
-
-
235
0.03
1,120
0.13
Aaesbury Metal Products
Company, Aaesbury
-
None
-
-
_
•
Aaesbury
s
None
7,200
1.82
14,000
1.55
11)000
i.3«
Newburyport
s
None
14,000
3.53
17,200
1.90
13,«oo
1.59
Salisbury
s
Primary
1,250
0.32
1,100
0.12
i,6eo
0.19
TOTAL MMSAODSITTS
262,950
66.4
652,210
72.1
53V•*)
64.1
TOTAL BOTH STATES
396,240
100.0
904,360
100.0
833,975
100.0
~Type of System: S ¦ Separate Sewers; C Combined Sewers.
Data estimated by the Public Health Service.
Data furnished by the Continental Can Company.
£
-------
TABLE 2
n. Estl™a^e
-------
32
H. R. Pohren
The content of waste discharges froa either treated
or untreated sources may be described in terms of bacterial,
suspended solids, or oxygen demand population equivalents.
For example, a bacterial population equivalent may be defined
m the quantity of coliform bacteria contributed to a stream
by the dally untreated discharge from one person.
BACTERIA
Billions of bacteria, frequently including disease-
causing organisms, are contained in the daily excreta of each
person. If these bacteria are not drastically reduced by
suitable treatment of the wastes, large numbers will be found
in the streams receiving the wastes. Coliform bacteria, whose
normal habitat is the lower intestines of warm-blooded animals,
including men, are normally used as indicators of recent
bacterial pollution.
Only 23 of 48 jurisdictions responsible for the
discharge of sewage in the study area have any type of treat*
ment. Of these 48, only one of 23 discharging directly to
the Merrimack main stem has any treatment.
The total sewered population of the 48 Jurisdictions
is estimated to be 533,000. The treatment presently provided
is estimated to reduce the over-all bacterial content of the
sewage about 23 per cent, leaving bacteria equivalent to
those in the raw sewage from 413,000 persons to enter the
-------
33
H. &. Pahren
streams.
Tables 1 and 2 contain Che estimated discharged
bacterial loads from the various sewage sources, with estimated
allowances for any treatment provided. The data in the tables
are presented graphically in Figure 2. This figure provides
a visual impression of the relative proportion of the total
bacterial load discharged from each source of sewage. The
areas of the circles are in proportion to the loads from the
various jurisdictions.
(Figure 2 is as follows:)
-------
94
ESTIMATED BACTERIAL LOADS
FIGURE 2
CONCORD
FRANKLIN
MANCHESTER
METHUEN
BOSCAWEN
PEMBROKE
allenstown
HOOKSET
STATE INDUSTRIAL SCHOOL
MERRIMACK
NASHUA
GRENIER AFB
SALEM
DERBY
WILTON
AMESBURY
SALISBURY
MILFORD * HUDSON.
pepperell
CUSHING ACADAMY
- . HP A/-I I
ATLANTIC UNION/^SCHOpL
COLL
«w*s§$LAB'LLERICA
7 \ STATE
CONCORD# / 1 HOS
NDOVER
GARDNER STAT
HOSP
NEWBURY PORT
FITCHBURG
MAYNARDV' MASS
Reformatory
HAVERHILL
CLINTON
MARBOROUG
ANDOVER
HUDSON
WESTBOROUGH
LOWELL
LAWRENCE
LEOMINSTER
AREA-20.000 BPE
-------
35
H. R. Pahran
Of the estimated total bacterial loads, including
the Nashua River, 32 par cant is discharged in Maw Hampshire
and 68 par cant in Massachusetts. 8ewage which is discharged
without any treatment whatsoever accounts for 94.2 per cant
of the total.
The four largest individual bacterial loadings to
the Merrimack River cone from Lowell, with 22.7 per cent;
Lawrence, with 17.7 per cent; Manchester, with 15.6 per cent;
and Haverhill, with 11.1 per cent. All four discharge their
sewage raw, and combined they account for two thirda of the
total bacterial load.
In the Nashua River Basin, the town of Leominster
is responsible for nost of the bacterial discharges due to
inadequate sewage treatment facilities. Only one town,
Pepperell, discharges raw sewage.
SUSPENDED SOLIDS
Suspended solids data were not available for
several industrial sources and had to be estimated from known
loadings from other plants with similar operations. The over-
all suspended solids discharges to streams of the study area
are equivalent to that in the raw sewage of approximately
1,435,000 persons. Of this loading, approximately 1,183,000
population equivalents originate in Massachusetts. Over-all,
an estimated 836,000 suspended solids population equivalents
-------
3*
H. R. Fahrta
are discharged directly by Industry and 599,000 by Municipal
or domestic sources. In the Nashua ftiver Basin alone, ever
96 par cant of (ba 530,700 populatieo equivalents of suapendad
solids ara discharged by industries.
By far the largest source of suspended solids come
from the three paper industries of Fltchburg, Massachusetts.
About 408,000 population equivalents, over one fourth of
suspended solids in the entire study area, cane from Crocker,
Burbank it Company, Fitchburg Paper Coopony, and Falulah Paper
Company of this town. Other large sources of suspended
solids are the discharges from Lawrence, Massachusetts, with
250,000 population equivalents, and the discharges from
Haverhill, Massachusetts, with 155,000 population equivalents.
BIOCHEMICAL OXYGEN DEMAND
Sewaga snd industrial wastes presently discharged
to the streams have an estimated biochemical oxygen demand
population equivalent of 987,000. It is estimated that exist-
ing municipal and industrial pollution abatement measures
reduce the original BOD loadings to the streams by 12 par
cent.
Contributions of wastes with large biochemical
oxygen demand are the discharges from Lawrence, Massachusetts,
with 182,000 population equivalents; discharges from Man*
cheater. New Hampshire, with 135,000 population equivalents;
-------
37
H. R. Pohnn
discharges tram Fitchburg, Massachusetts, with 109,000 popu-
lation equivalents; discharges from Lowell, Massachusetts,
vith 103,000 population equivalents} and discharges froo
Hiv6thillt Massachusetts, with 102,000 population equivalents,
New Hampshire discharges account for 299,000 population
equivalents and Massachusetts discharges for 688,000 popula-
tion equivalents. Over-all, 463,000 population equivalents
of BOD are discharged directly by industries while 524,000
population equivalents are discharged by non-industrial
Jurisdictions. Eighty-nine per cent of the BOD discharged to
the Nashua River in Massachusetts cones from industry.
Figure 3 presents the data in a graphical form.
(Figure 3 is as follows:)
-------
¦BCHEg&AL QarrOEM DEMAND LOAD®
FIGURE 3
CONCORD
BOSCAWEN .^-^FRANKLIN
I • PEMBROKE
\\ /•ALLENSI,
//•HOOKSET
NASHUA
FITCHBUR6
LEOMINSTER
100.000 BOO
AREA- POPULATION
EQUIVALENTS
GRENIER AFB
STATE INDUSTRIAL SCHOOL '
WILTON MERRIMACK
DERRY
AMESBURY
MILFORD
SON; SALEM \ ./
SALISBURY
METHUEN
j-# DRACUT
Jj^GROT
/ *AYER
//GIRLS IND
CLINK* SCH00L
ORD
MASS REFORMATORY
MAYNARD
TL UNION
COLL
BURY
NANDOVER
us xANDOVER
VET
HOSP
HUDSON
BILLERICA
WESTBOROUGH
MARBOROUGH
ASHLAND
CHELMSFORD
HOUSE OF CORR
LOWELL
CUSHING .
ACADAMY \
STATE X
HOSP \
NEWBURYPORT
H/WERHILL
LAWRENCE
-------
39
H. S. Pahran
HTStiRlilAMWiiJfi
Several other vaots constituents are important when
considering the quality of water. The wool scouring opera-
tion® in Chelmsford and Lawrence contribute over three tons
per day of grease to the Merrimack River. At the Acm Cut
Sole Company in Nashua, New Haapshire, the spent chrome
tanning solution is dumped into the stream once a month. The
solution contains 24,000 mg/1 chromium.
I might point out for the record that after I sent
«y statement to the printer for reproduction, I learned that
the Acme Cut Sole Company discontinued its tanning operation
and no longer dunps the chromium solution into the river.
Plating baths are periodically discharged from
Sanders Associates, Nashua, New Hampshire, and from several
industries in Massachusetts. These wastes normally contain
cyanides and heavy metals and could cause toxic conditions
in the receiving streams. Natural color is prevalent in a
number of streams in the Merrimack River Basin. However, it
is estimated that 15 per cent of the color in the Merrimack
River at Lowell, Massachusetts, originates at the Franconia
Paper Corporation pulp mill at Lincoln, New Hampshire. The
wastes from thie company also contain biochemical oxygen
rieiand equivalent to the raw sewage from approximately
400,000 parsons. Although this BOD results in a severe local
-------
40
H. ft. Pahren
problem, its effects do not extend to Massachusetts as 4ms
Che color.
UATSA USES
MUNICIPAL USE
Since January 1963 the Merrimack has been used ai
the principal source of water sqpplj for the city of Lowell,
Massachusetts. Approximately 65,000 persons are served by
this treated supply. Lowell's water intake is located mud
alias below die New Hampshire-Massachusetts state line.
Lawrence, Massachusetts, has been using the Iterrlmack as a
source of Municipal water supply since 1893, with an esti-
mated 90,000 persons being served by the treated supply.
Treated water from Lawrence is supplied to the neighboring
town of Methuen.
Billerica uses the Concord River for its source of
municipal water supply. A new water treatment plant was
completed in 1955 for this purpose.
With the rapidly increasing populations in many of
the cities and towns along the Merriauick River, additional
¦uaicipalities may need to make use of this convenient source
of water supply. Chelmsford, Tyngsborough, Aadovwr, emd
1 ewksbury, Massachusetts, have already bMn NntloMd as
potential users of the Merrimack. Surlington is cMsiderlng
the use of the Shawsheeo River I j part of c j r.
-------
41
H. R. PthnQ
INDUSTRIAL USE
In 1954 approximately 185 million gallons per day
of water were taken from the Merrimack River for industrial
water use in the major industrial centers of Manchester, New
Hampshire, and Lowell, Lawrence, and Haverhill, Massachusetts.
Another 27 million gallons per day were taken from the North
Nashua River by the Fitchburg industries. Industrial water
use has probably been reduced because a number of the major
water-using industries have moved out of the basin. About
half of the industrial water use In 1954 was for cooling
purposes.
Some industries use the Merrimack River for process
water» «v«n though the water quality is not good. Sand fil-
ters are used to pre-condition the process water. Feeder
streams also are used for industrial water supplies.
Nashua River water is used for industrial process
water in a mober of instances. Where necessary to pre-
condition the water, facilities ranging from coarse sand
filters to Ion exchange processes are used.
The Merrimack River is used for hydroelectric power
to a large extent. On the Merrimack below Franklin, New
Hampshire, there are five utility plants and 13 privately-
owned industrial developments with total capacities of
28,670 and 22,320 kilowatts, respectively. These 18 plants
-------
42
H. ft. Pahran
utilise 177 feet of a total fail «f 254 feet. Canal ayst«i
at Low*11 Unrrence, Maaaeaheaetta, divide the «m of
water *»»| aeveral plants at each loeatlan. Dwriag periods
of low flow tha Merrimack ftlvar flaw tralaw arosral of the
dams is drastically reduced on weekenda. This two-day re-
duction in flow aerlously affacta the edacity ef the river
to assimilate waataa.
RECUAT10M
Water-oriented recraatlonal activity has bean in-
creasing rapidly on a national scale, especially near canters
of population. However, the vary real potential of tha
Merrimack River for recreational uses has not been fully
realised. Tha U. S. National Park Service in 1954 eatimated
that, with tha implementation of tha recreation plan propoaed,
tngiblA benefits of 15 siillion dollars annually would be
added to tha econoay of the Merrimack Basin. Highly signifi-
cant intangible benefits would alao be involved. Mo doubt
the benefits would be greater today becauae of the increased
pressure for recreation.
Illb Wildlife
According to the U. S. Flab and Wildlife Service,
parte of the Merrimack Rivsr in Mew Maapahlre poaaeaa an
outstanding fishery. However, there is a public aversion to
ualng fiah cau^t from the river far feed baoauaa af the raw
-------
43
H. ft. Pahren
sewage emptied into the river. Any fishing is Just for sport.
Fabulous potential exists for fishing which say materialise
if tha pollution is cleaned vp.
The Merrimack River between the Nashua River and
the state line contains the following fish species in maters:
yellow perch, red-breasted sunfish, punpkinseed, large-southed
bass, eastern chain pickerel, northern yellow bullhead, nor-
thern cancon bullhead, eastern golden shiner, eastern cannon
shiner, fallfish, long-nosed dace, eastern black-nosed dace,
and eastern riminn sucker.
The Merrimack River from Amesbury to the mouth is
heavily fished for striped bass.
Prior to construction of the dsms on the lower
Merrimack, hundreds of thousands of anadromous fish were
caught annually in the Merrimack River. The most important
species included salmon, shad, alewives, and smelt. The
Merrlmick River was fsmous for its salmon run, but this
completely disappeared about 1920. Its disappearance is
attributed, in part, to the dams and to pollution.
According to the U. 8. Fish and Wildlife Service,
the present shad run into the Merrimack is small, since the
only area available for spawning, the lower section of the
river, is heavily polluted. Fish can ascend the flshway in
the Essex Dam at Lawrence and then proceed upstre mi to the
-------
44
H. R. Pabrtn
Paw cue lu c Dm at Lowell whleh U iapassable. The mafcer of
•had annually ascending the Lawrence flstiway !• frca 1,300 to
3,000 fiah. Flahlng for shad in the lower river la sporadic,
and in mm years there is none at all. In 1960 no fish were
reported taken.
Officials of the U. 8. Fiah and Wildlife Service
®tated that, if the polluted conditions in the Hcrrlsick
River were eliminated, fish elevators could be built at the
daas and anadroaous fish, including salaon, could be reintro-
duced in the Merriaack River.
Because of the polluted conditions in the Nashua
River, it is not used for fishing. This river is populated
by varioua types of coarse fiah in the Mew Hampshire section.
Based on the character of the stream it appears that laprove-
aent of its water quality would make recreational fishing
possible.
The tidal narsh and aud flat coop lex in the Now-
buryport*Aaesbury area is a large important waterfowl area.
Another Important waterfowl area is in the Nashua River Basin,
particularly in the Lancastor-Boltaa, Maaaachuaetts, area.
Boating and Water Sk^y
The Merriaack River la used for boating and water
skiing froa Lowell to the Nov Hampshire state line, above
Lawrence, and la the tidewater near Its south. Ski clubs
-------
45
H. R, Pahren
have bND formed by persons with this mutual interest, and
•ki juaps are provided for members. The Eastern Stock Out-
board Boat Racing Championships were held in the HerrIsaack
River above Lowell for the past two years, indicating the
popularity of the river for boating. In the Nashua River
there is a small amount of boating in the reservoir above
Pepperell, and the Concord River is utilized for this purpose
in Billerica.
Bathing
Lowell provides a public bathing beach and a change
house along the Merrimack upstream of the city. The only
other known bathing on the main stem takes place in the tide-
*®ter near the mouth of the river.
SHELLFISH
The soft-shell clam flats in the area of Nevbury*
port, Massachusetts, at the mouth of the Merrimack River are
highly polluted, largely as a result of sewage discharged to
the river by neighboring communities. For that reason the
beds were closed to shellfish taking in 1926 and have re-
mained closed to date.
EFFECTS OF POLLUTION ON HATER QUALITY AND USES
BACTERIAL POLLUTION
Municipal sewage contains enormous numbers of bac-
teria, among which there are frequently pathogenic bacteria
-------
46
H. ft. Pahren
Chat can cauM gastro-intestinal diseases such aa typhoid
fever, dysentery, and diarrhea. The pathogenic organises,
in densities too low to be detected by available laboratory
procedures, can cause illness in persons who swallow water
containing then. Infectious hepatitus, a virus disease,
can also be caused by ingesting sewage-polluted water; and
nose, throat, or skin infections may result from
bodily contact with such waters. If the densities of patho-
genic organisms are reduced by sewage treatment, dilution,
or by natural self-purification, the hazards of contracting
disease are proportionately reduced.
Sewage also contains bacteria of the coliform group
which can readily be detected even at low densities. These
bacteria, although harmless in themselves, are indicators
of the probably presence of pathogenic bacteria and viruses.
Coliform organisms are therefore used as a tool in evaluating
bacterial pollution of streams and are used as a basis for
water quality objectives for various water uses.
The results of coliform determinations are expressed
in terms of most probable mashers (KPN) per 100 milliliters
(ml) of water. One hundred milliliters is a little less than
one-half cup. The coliform group usually is designated as
total coliforms.
For municipal water supplies the New Hampshire limit
-------
47
H. ft. ?ahrco
is a mean of 1,000 coliform bacteria per 100 milliliters,
provided the water treatment is adequate. Massachusetts has
no definite limit, although a mean of not more than 5,000
MPN/100 ml is used as a guide•
Both states have standards for stream classifica-
tions involving bathing and recreational use of the streams.
Water skiing is a sport involving bodily contact with water
and may be considered a recreational use under the classifi-
cation with coliform limits similar to those used for bathing.
The Massachusetts limit is a mean of 2,400 MPN/100 ml, and
in New Hampshire a logarithmic average of 240/100 ml is the
limiting value. Neither state has adopted a total coliform
objective of water quality for recreational uses in Class C
waters, even though the uses of Class C waters include boat-
ing and fishing. Where such an objective has been adopted in
other states, the commonly used limit is 5,000 MPN/100 ml.
Where the water use demands, disinfection of a sewage efflu-
ent may be required in both New Hampshire and Massachusetts.
Based on present sewage discharges along the Merri-
mack Kiver and flows of 1,000 cubic feet per second, the
coliform bacteria densities were calculated. These densities
are presented in Figure 4 for the river from Franklin, New
Hampshire, to the mouth. Values range from 1,900,000 MRi/100
ml below Lawrence, Massachusetts, to 2,700 MPN/100 ml just
-------
48
E. Pahreo
above Aatibury.
A density of 210,000 par 100 ml was calculated at
the New Hampshire-Massachusetts state line, and 21,000 per
100 ml at the Lowell municipal water intake, over four times
the maximum used as a guide for water supplies in Massachu-
setts. At Tyngsborough Bridge, in the section used for
recreation, the calculated coliform value was 63,000 per
100 ml, 26 times the Massachusetts limit for bathing. At
this point a drop of water sprayed into the face of a boater
or water skier may contain 42 coliform bacteria.
(Figure 4 is as follows:)
-------
COUFORM CONCENTRATION VS MERRIMACK RIVER MILEAGE
FIGURE 4
T~
MANCHESTER
BOSCAWEN ALLENSTOWN MILFORD
FRANKLIN PENACOOK PEMBROKE
WILTON
AMESBURY
LOWELL LAWRENCE
REGION REGION MERRIMAC
HAVERHILL I
r~ i
I.OOOJOOO -
100.000 —
10.000 —
1.000
120
100
90 80 70 60 50 40
MERRIMACK RIVER - MlLEAGE
-------
50
H. R. Pahren
During July and August of 1963 the Merrimack River
flows were very close to the 1,000 cfs used in the calcula-
tions and afforded an opportunity to compare these coliform
densities to the results obtained for samples collected by
Massachusetts and New Hampshire personnel during this period.
The comparison was made at several key points near the state
line. Average values for the samples were 28,000 MPN/100 ml
above the Nashua River, 28,000 MPN/100 ml 1.6 miles below
the state line, 46,000 MPN/100 ml at Tyngsborough Bridge,
and 13,000 MPN/100 ml at the Lowell water intake, compared
to calculated values of 22,000, 90,000, 63,000, and 21,000
respectively. The agreement is considered reasonably good.
The highest coliform concentration in the New
Hampshire section of the Merrimack River occurs below Man-
chester where 1,000,000 per 100 ml was calculated. Figure
4 shows that, in Massachusetts extremely high coliform con-
centrations occur below Lowell, Lawrence, and Haverhill. Even
at the mouth of the Merrimack River the calculated coliform
density was high. Over-all, the Merrimack River is a health
hazard with any bodily contact from Franklin, New Hampshire,
to just above its mouth, a distance of 116 miles.
At Lawrence, where the river is used for the munici-
pal water supply, the coliform bacteria were calculated to
be 300,000 per 100 ml, 60 tines the used as a guide
-------
51
H. R. Pahren
for water supplies. Average values obtained by the Massachu-
setts Department of Public Health Just above Lawrence were
56,000 MPN/100 b1 during their 1962 survey and 15,000 MPN/100
ml during their 1963 survey. The high bacterial density
necessitates expensive treatment costs and very careful water
plant operation to make the water safe to drink.
The calculated coliform value at the mouth of the
Merrimack River was 96,000 tfPN/100 ml. Results obtained by
the Massachusetts Department of Public Health showed an
average of 540 MPN/100 ml, with a value of 3,500
MPN/100 ml near this point during their 1963 survey. The
procedure for estimating residual coliform organisms from
sewage discharges did not take into account the large dilution
available from Incoming ocean tides and would tend to overes-
timate the actual coliform densities in this section of the
Merrimack River. In either case, however, the coliform
density was considerably in excess of the maximum of 70 per
100 ml permitted for the unrestricted taking of shellfish.
Throughout most of the Nashua and North Nashua
Rivers, the coliform densities are excessive and indicate a
hazard to recreational uaers. The very high bacterial den-
sities 1° Massachusetts are reduced by natural purification
during the flow to the state line, and at Hollis Depot, New
Hampshire, Just across the state line, ten samples obtained
-------
H. K. Pahrm
in 1963 yielded a maxlmm of 9,300 KPN/100 ml and a mean of
2,600 MPN/100 ml.
The elimination of the shellfish industry near
Nevburyport, Massachusetts, by bacterial pollution has been
mentioned. A preliminary estimate by the Massachusetts De-
partment of Natural Resources indicates that the direct and
indiirect benefits associated with the reactivation of the
shellfish industry in this area would be worth approximately
million dollars annually if pollution were adequately
controlled.
SUSPENDED SOLILS
Excessive suspenoed solids in a 6tream diminish the
beauty of the water and settle to the stream bottom where
they form sluuge deposits which can proouce offensive odors,
reauce or eliminate aquatic life on which fish feed, and
interfere with fish spawning.
When suspended solids flow through a slow-moving
section of a stream such as an impoundment, the particles
tend to settle out. The blanket of sludge on the bottom of
the river covers the areas which otherwise would be used by
fish in spawning and thereby reduces the fish population
below its potential. In addition, the sludge-covered bottom
is not a suitable habitat for the insect larvae and other
aquatic life which normally live on the bed of a clean strea
-------
53
H. R. Pahren
and serve as food for the fish. If the sludge deposits exert
an oxygen demand, the oxygen nay be depleted and offensive
odors given off. In many cases the gases given off contain
hydrogen sulfide. The sulfides may react with paints on
buildings, boats, and structures to discolor the paint.
In tidewaters the suspended solids are deposited
in the calmer waters along the banks of the Merrimack River
during low flow and high tide and then are exposed when the
tide is out. In certain areas an odor nuisance results. Be-
hind the dams at Lawrence and Lowell, deep sludge deposits
accumulate.
Suspended solxas are particularly a problem in the
Nashua Kiver. Paper fibres can be seen along the banks of
the stream, deposited there durxng higher flows. The stream
passes through a number of ponds and impoundments, resulting
in settling of the suspended matter. The solids decompose
on the bottom, and in many cases the decomposition gases buoy
up the sludge and the black sludge floats on the stress sur-
face causing very unsightly conditions. Gas bubbles can be
seen at many locations along the Nashua Kiver. During one
visit the river at the Koute 225 bridge in Groton had an in-
tense foul odor, was dark gray in appearance, and had much
floating scum. This was truly a very sick river.
On the North Nashua Kiver within and below Fitchburg
-------
54
H. ft. Pahren
Massachusetts, the water has a white color and there are many
floating solids and sludge banks visible.
OXYGEN DEMAND AND DISSOLVED OXYGEN
Both sewage anc industrial wastes contain organic
matter which decomposes ana exerts an oxygen demand in the
receiving stream. If the dissolved oxygen (DO) is reduced
below an adequate level, the fish population and the aquatic
life on which the fish feeu are reduced. Most water pollu-
tion control agencies have adopted art average of 5 mg/1 as
the minimum DO that is auequate to maintain the mavi-^
potential sport fish population.
Both Massachusetts and K^w Hampshire have adopted
5 mg/1 as one of the minimum standards of quality for Class
C waters. One of the definitions of Class C waters is:
"suitable habitat for...common food and game fishes indigenous
to the region."
Dissolved oxygen data for the Merrimack River were
obtained during the last part of July and the first part of
August 1963 by the Massachusetts Department of Public Health.
The New Hampshire Water Pollution Commission obtained similar
data from above the Nashua River confluence to below the
state line from early June to the middle of August. Flows
in the river during June were considerably higher than
during the July-August period and, as expected, resulted in
-------
35
H. R. Pah re n
higher dissolved oxygen values In che earlier samples ob-
tained by the New Hampshire Water Pollution Coamisslon.
Therefore, to make the data from both states comparable and
to analyse the dissolved oxygen conditions during the criti-
cal-flow, high-temperature period, only the New Hampshire
data from the middle of July to the middle of August were
used. The average and minimum values obtained during this
period are shown graphically in Figure 5 for various sampling
stations along the Merrimack River.
(Figure 5 is as follows:)
-------
DISSOLVED
OXYGEN VS MERRIMACK RIVER
FIGURE 5
MILEAGE
LOWELL
REGION
NASHUA
'LAWRENCE
REGION
CLASS C STANDARD
~7
30
HAVERHILL
26
AMESBURY
MINIMUM
AVERAGE
MERRIMACK RIVER - MILEAGE
-------
57
H. R. Pahren
Except for the station near the mouth of the river
where considerable dilution from the ocean was received, the
average values for dissolved oxygen during the low-flow, high-
temperature period were at or below A.5 mg/1 for the entire
reach, rhe average dissolved oxygen below Haverhill was
only 1.2 mg/1. Between Lowell and Lawrence and between
Lawrence and Haverhill, zero dissolved oxygen values were
obtained, indicating very serious conditions in the stream
for fish life even if for short periods. Values between the
state line and Lowell were as low as 1.2 mg/1. This sample
was obtained 350 feet upstream of the Southwell Combing Com-
pany and on the opposite tide of the river from this outlet.
Along with another very low oxygen value of 2.2 mg/1 at this
sampling station three hours later, the results indicate a
serious oxygen deficiency, undoubtedly resulting from upstream
discharges. This conclusion tends to be confirmed by samples
obtained by the New Hampshire Water Pollution Comnission at
Tyngsborough Bridge during the period of 1963 being analyzed.
The average dissolved oxygen of these samples was only 3.5
mg/1.
From the dissolved oxygen standpoint, the Nashua
River below the North Nashua River confluence is also in
very poor condition. Throughout most of its length in
Massachusetts, the dissolved oxygen is less than 50 per cent
-------
58
ii. K.Pahm
of saturation during the warn, low-flow period of the year
and at times is at or near zero for considerable distances.
The North Nashua is about 80 per cent of saturation above
Fitchburg, but the dissolved oxygen decreases rapidly between
Fitchburg and Leominster to as low as 20 per cent of satura-
tion. Keaeration from rapids increases the DO in some
reaches but is inadequate to prevent excessive depletion.
Intense algae blooms have been observed in the
Nashua River in Pepperell and in New Hampshire. Undoubtedly
these blooms are caused by nutrients from the combination of
treated and untreated sewage and paper mill wastes. The
series of ponds in the lover Nashua provide favorable habitats
for algae growth. Dissolved oxygen data obtained near the
Massachusetts-New Hampshire state line indicate typical ef-
fects of the algae that produce oxygjen during the daylight
but not at night. The diurnal fluctuation results in ranges
of oxygen from supersaturation to near depletion.
During the period July 14-24, 1963, countless
thousands of non-game fish were killed in the Nashua River
near the Massachusetts-New Hmpshire state line. The area
affected covered 15 to 20 miles of stream. Observers attri-
buted the kill to depletion of dissolved oxygen.
On July 27-28, 1963, another severe fish kill oc-
curred in which thousands of fish were destroyed, this time
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59
H. R. Pahren
below Manchester, New Hampshire. The kill resulted when flow
was reduced for the weekend at Aaoskeag Dam Just above Man-
chester in order to conserve the water for peaking power dur-
ing the week.
MISCELLANEOUS
Personnel of the Lowell Water Treatment Plant have:
complained of high concentrations of aanonia in the raw water.
This ammonia combines with the chlorine added for disinfection
purposes so that it is difficult to obtain the proper concen-
tration of free residual chlorine. Some of the ammonia
undoubtedly results from the discharge of sewage upstream.
Water plant personnel counteract the anmonia by adding more
chlorine, which increases the treatment costs.
Oil slicks and floating grease have been observed
in the Merrimack River on several occasions. These may ad-
here to boats or other objects in the water and make the
river less desirable for recreation.
The carbon chloroform extract (CCE) test is a
measure of certain organic chemicals in a stream. Pesticides
and various petro-chemicals are exa^>les of materials which
are detected by this test. A CCE limit of 0.2 mg/1 has been
established for treated water. Four river samples obtained
in 1962 between Lowell and Haverhill had CCE values ranging
from 0.3 to 0.7 mg/1. In August 1963 a sample at the Lowell
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60
H. ft. Pahren
MUt latakm also txcMdid 0.2 mg/1. Activated carbon la
sometimes uaed to reduce these chemicals in the water, along
with tastes and odors, but sdds to the treatment coat.
In June 1963 nltrllea, or organic cyanide compounds,
were found in the raw water pmped to the Lowell water pUnt.
In 1962 an accidental aplll of an organic chemical
used in making plastics occurred at a Leominster, Massachu-
setts, industry. This chemical was traced all the way down
the Nashua and Merrimack rivers.
The potentially toxic chrome wastes and plating
wastes which are discharged by two Nashua industries without
any known treatment have already been mentioned in Table 1.
Periodic fish kills may result from these wastes.
On August 22, 1963, hundreds of fish were seen
dying in the Merrimack River Just below the confluence of
the Nashua River. The cause may have been toxic conditions
from an industrial discharge in the city of Nashua.
AESTHETIC CONSIDERATIONS
The adverse effects of floating solids on the beauty
of the Merrimack River has already been mentioned. Other
naterial8 contribute to the opinion of the public that the
Merrimack River aystem is badly polluted. For example, some
buiineaa establishments in Lowell apparently dispose
of their trash by throwing It out the window into the canal
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61
H. R. Pahren
•ystam tm bt emi«
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62
H. R. Pahren
domestic atwgi and storm water.
It Is not economical to design sewage treatsent
pl*nt* treat the large quantities of sewage ***** storm
water which enter combined systems during storms. As a re-
sult, overflow devices are provided to bypass portions of
the mixed storm flows from the system to the nearest water-
course without treatment. Thus, the raw sewage diverted
during stoxms intermittently causes pollution of the receiving
stream even after treatment has been provided for dry weather
sewage.
Control of this type of intermittent pollution can
be accomplished only by provision of separate sewers for sew-
age and storm water, by storage units which temporarily hold
the mixed flows and bleed them back to the treatment plant
when flows are lcwer, or by the installation of suitable
treatment works for the mixed flows in addition to treatment
works for the dry weather flows.
SUMMARY AND CONCLUSIONS
In a letter dated February 12, 1963, Governor
Endicott Peabody of Massachusetts requested the Honorable
Anthony J. Celebrezze, Secretary of Health, Education, and
Welfare, to call a conference to consider the pollution of
the Merrimack River, the Nashua River, and tributaries of
fivers, which affects both the interstate reaches of
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63
H. K. Pahren
these waters and the intrastate portions within Massachusetts.
The area covered by this report consists of the
entire drainage basin of the Merrlmck River in Massachusetts;
in New Hampshire it primarily Includes the Merrimack River
from the state line to Franklin along with the Nashua and
the lower Souhegan rivers.
In 1913 the Massachusetts State Board of Health
recnmiimled that the cities and towns along the Merrimack
River provide waste treatment facilities to reduce the pollu-
tion of the river. After 50 years the coauunities continue
to discharge raw wastes to the stremn.
Only 23 of 48 jurisdictions responsible for the
discharge of sewage in the study area have any type of treat-
ment. Of these 48, only one of 23 discharging directly to
the Merrimack main stem provides treatment. Over-all, the
existing sewage treatment facilities reduce the bacterial
content of the raw sevage about 23 per cent. Bacteria
equivalent to those in the raw sewage from 413,000 persons
are discharged to the streams at present, 32 per cent in
Hew Hampshire and 68 per cent in Massachusetts. Sewage
which is discharged without any treatment whatsoever accounts
for 94.2 per cant of the total.
The suspended solids in discharges of the study
area are equivalent to those in the raw sewage of 1,435,000
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44
H. ft. Pihrn
persons, 82 per cent of vhlch originate in Massachusetts.
Industrial discharges accouat for ever 58 per cent of the
total. Considering the Nashua River Basin alone, industries
discharge over 96 per cent of the suspended solids.
Sewage and industrial wastes presently discharged
have an estimated biochemical oxygen demand population equlva*
lent of 987,000 of which 299,000 population equivalents
originate in New Hampshire. Existing municipal and industrial
pollution abatement measures reduce the original BOD loadings
to the streams about 12 per cent.
The Merrimack River is used as the municipal water
supply for Lowell and Lawrence, Massachusetts. It is also
used for industrial process water, cooling water and for
hydroelectric power.
Certain sections of the Merrimack River in New
Hampshire possess an excellent fishery. However, there is
a public aversion to eating such fish because of ehe raw
sewage emptied into the river. Fishing in the Merrimack
River in Massachusetts is sporadic, with the better fishing
being near the mouth. There Is little or no anadroanus fish-
ing due to pollution and also becauae fish passage is blocked
by dams. If pollution were adequately controlled, anadromous
fish, including salmon, could be reintroduced In the Merri-
mack River.
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65
H. K. P«hr«n
The Merrimack Rtvar ha. wus.ll.ot phy.ical resource,
for boating and water skiing. Bo.t taclng Conte.t. ara held
in the section above Lowell.
The shellfish area, near Nevburyport ham ben
clos«d .inc. 1926 due to bacterial pollution of the Merrimack
River. If the pollution were reduce Bufficlently, tb.se
areas could be reopened.
At practically no point In the Merrimack River does
the bacterial quality of the water Met the objective, for
body contact recreational activity. At the Tyngsborough
Bridge, in a reach used for recreation, the calculated con-
form density wa. 26 times the Massachusetts limit for bathing.
These bact.ri.1 densities, derived fro* sewage, indicate
Chat health haaards are involved in the use of the water for
recreation. Near the Lowell and Lawrence water intake., the
calculated conforms were, respectively, four and 60 time,
the suggested maximum value, for watar supplies.
Suspended solids from sewage and industrial waste,
produce sludge deposits which reduc. or eliminate aquatic
life on which fish feed, interf.ro with fl.h spawning,
in severe case., produce offensive odor.. In tidewater, the
suspended solid, .re depo.ited in the calmer water, .long the
bank, of th. Merrimack Elver during low flow and high tide
and then are npo.nl when the tide i. out. In certain areas
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66
H. R. Pahren
an odor nuisance results. Behind the dsns at Lcwrtnet sod
Lowell, deep sludge deposits icoaultte. Suspended solids
are particularly severe along the Nashua River. Paper fibres
are deposited along the river bank, cover the stream bottom,
and contribute to the oxygen demand. Black sludge, buoyed
up by the decomposition gases, floats on the stream surface
causing very unsightly conditions.
During the critical period of the summer of 1963,
the Merrimack River had an average dissolved oxygen concen-
tration of 4.5 tag/1 or less from above Nashua, New Hampshire,
to Amesbury, Massachusetts. Below Lowell and Lawrence,
Massachusetts, sero values were recorded. Five mg/1 of
dissolved oxygen is generally accepted as the minimum DO
that is adequate to maintain the potential sport
fish population. This minimm is one requirement of the New
England Interstate Water Pollution Control Commission for
Class C waters. The Nashua River at times becomes septic and
gives off foul odors. The conditions of the Nashua adversely
affect the use of the river in New Hampshire for fishing.
Visual evidences of pollution which diminish the
beauty of the Merrimack and Nashua rivers and are offensive
aesthetically include: cloudy or colored appearance of the
v*ter below sewage and industrial discharges; condoms floating
in the stream or deposited on the banks; oil and grease
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*7
H. &. Pahren
floating In cha water and collecting around boata; algM
blooms; floating black sludge; black colorad appaaranca of
the river; and trash purposely dumped into the river.
Pastes discharged to the Nashua River Basin in
Massachusetts cause pollution of the Nashua River which en-
dangers the health and welfare of persons in New Ho^shire
and Massachusetts and therefore Are subject to abatement
under the provisions of the Federal Water Pollution Control
Act.
Sewage and industrial wastes discharged to the
Merrimack, Nashua, and Souhegan rivers and colored wastes
discharged to the East Branch Pemigewasset River in New
Hampshire, along with the wastes discharged to the Merrimack
River and its tributaries in Massachusetts, cause pollution
which endangers the health and welfare of persons in Massa-
chusetts and therefore are subject to abatement under the
provisions of the Federal Water Pollution Control Act.
This completes my statement, Mr. Chairman.
MR. STEIN: Thank you, Mr. Pahren.
Because of the extended nature of the report, we
will be taking a very short recess now. It should be re-
membered that this report is the report of the Federal De-
partment of Health, Education, and Welfare. There will be
an opportunity for questions or comments by the conferees,
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68
H. R. Pahren
and the short receas will give thorn an opportunity to confer
and dcc*nlM what they may be.
Is addition to that, we have been asked to announce
that the people from Massachusetts who wish to statement#
get in touch with Mr. Worthen Taylor right here during this
recess, and give hia your name, so that he may call upon you
in proper fashion.
We stand recessed for ten minutes.
(A short recess was taken.)
MR. STEIN: May we reconvene?
We would like to give you our anticipated schedule.
We expect to recess for lunch at 12:00 sharp and reconvene
at 1:30. If everyone is cooperative, we hope to finish to-
day. This depends upon the brevity of the statements.
I should indicate to you, however, that as far as
I am concerned, we are here to give you a full hearing. You
may make as complete a statement as you wish. We are at your
disposal.
"111 now give our conferees an opportunity to
comment on Mr. Pahren's statement, or ask any questions.
MR. HEALY: Mr. Chairman, this is purely an obser-
vation .
For the record, my name is William Healy, Technical
Secretary of the Water Pollution Commission in New Hai^shire.
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69
H. R. P«hr«n
Specifically, we do not agree at all with the con-
clusion arrived at by the author with regard to pollution
arising in the State of New Hampshire Interfering with or
affecting the health or welfare of people in the State of
Massachusetts.
There are many conclusions and inferences with
respect to pollution contained in this report which we feel
the facts do not support. However, we also know that there
is a good deal of ground to be covered here today, and it
would not serve any useful purpose for us to go into a
detailed dispute concerning many of these conclusions which
the Federal report contains.
I would merely leave it with the people in attend-
ance here today, that we are firmly opposed to the conclusion
arrived at with regard to pollution discharged in Mew H«p-
shire affecting the health or welfare in Massachusetts. We
freely admit that there is pollution in the stream, and a
detailed statement concerning our position and how we Intend
to cope with pollution in New Hampshire will be made at the
appropriate time by our Chairman, Mr. Palazzi.
MR. STEIN: Thank you, Mr. Healy.
For the record, I think it should be pointed out
that while the report is signed, these are not Just the
conclusions of the author, but the conclusions of the technical
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70
H. R. Flhren
staff, the Water Pollution Control Staff of the Federal De-
partBBDt of Health, Education, and Welfare, and «*h*> Public
Health Servico. The author just signed this as the respoo-
sible representative. These are not just his conclusions, as
1 understand it.
Mr. Knox, do you have any consents?
MR. KNOX: No cauaent at this tine.
MR. STEIN: Mr. Taylor?
MR. TAYLOR: No consent at this time.
MR. STEIN: Thank you very much, Mr. Pahren.
MR. ROGERS: In our Mr. Pahren'8 report, he pointed
out the importance of bacterial pollution. We have some
observations made by our Sanitary Engineering Staff at Cin-
cinnati, and I would just like to note these for the record
here.
I an quoting actually froa a recent article by Mr.
Kittrell and Mr. Fur far 1, and so I would like to Just read
this:
"Two present day factors require thoughtful con-
sideration of the need for renewed emphasis on bacterial
contamination of streams and for Intelligent engineering
control of such contamination. The increase in sewered
population in the past 50 years undoubtedly has resulted in
increased bacterial contamination of a great many streams
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71
H. H. Rogers
despite the Advances in wastewater treatment during the
period. The continuing increase in aquatic recreation la
resulting In direct exposure of increasingly large numbers
of persona to the hazards of ingesting pathogenic organises
from sewage contaminated waters. The 40 million water sports-
men t of today have no protective barrier, comparable to the
water treatment plant, between them and the pathogenic or-
ganisms in the water where they swim, ski, boat, fish, and
hunt. Few of them either know whether the water is con-
taminated or realise the hazards of accidental or intentional
ingestion of surface waters. Many still believe the ancient
adage that water purifies itself every 7 miles (11.3 km)."
That was quoted from Mr. Kittrell's article.
Of interest also to this conference is a Public
Health Service Study of the North Nashua River Basin con-
ducted at the request of the Corps of Engineers in regard to
three proposed Corps of Engineers reservoir sites near
Fltchburg, Massachusetts. The study that is presently under
way will preaent information on present and prospective
municipal, induatrlal, and quality control water supply needs
in the North Nashua River Baain. Another proposed Corps of
Engineers Project entitled Llvermore Falls, located on the
Pemigewassett River near the headwaters of the Merrimack
north of Plymouth, New Hmpahire, la presently being reviewed
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72
H. H. Rogers
by the Public Health Service.
Authority for regulating stream flow in the interest
of improving water quality is provided by Public Law 660 -
84th Congress, as amended by PL 87-88. The pertinent extract
of Section 2 (b)(1) reads as follows:
In the survey or planning of any reservoir
by the Corpe of Engineers, Bureau of Reel nation,
or other Federal agency, consideration shall be
given to Inclusion of storage for regulation of
81ream flow for the purpose of water quality
control, except that any such storage and water
releases shall not be provided as a substitute
for adequate treatment or other methods of con-
trolling waste at the source."
This means that, under the law, releases from
storage can be provided to regulate stream flow and improve
water quality, but this storage and release shall not be used
as a substitute for adequate treatment. In serious water
pollution situations a desirable water quality goal can only
be attained through a combination of two factors:
(1) Adequate treatment provided for all waste
sources, adequate treatment being defined as secondary or
biological treatment or its equivalent, plus (2) reservoir
•torag* and releases to be supplied, in the case where
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73
H. H. logeri
benefits are widespread or national in scope, by the Federal
Government, The benefits to water quality by release from
storage are evaluated and used as part of the financial
Justification in supporting the construction and operation
of Federal multi-purpose water resource projects.
Although the amendment authorizing release from
Federal storage reservoirs for water quality control was not
enacted until the 87th Congress in 1961, a number of water
resource projects are well under way incorporating this low-
flow regulation provision feature. This authority could well
be utilised to assist in improving water quality of the
North Nashua and Merrimack Rivers.
Other Federal agencies having responsibility for
various aspects of water resource development have been asked
to participate in this conference. Several of these Federal
agencies have indicated that they would make a statement.
MR. STEHs: Are there any questions or consents
on the statement of Mr. Kogers?
(There was no response.)
MR. STEIN: All right, go ahead.
MR. ROGERS: First, I would like to call on Mr.
Mark Abelson from the Department of the Interior. Mr. Abel son
is the Northeast Field Committee Representative of the De-
partment, and he has a couple of men on his staff who will
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74
M. Abelson
participate too.
Mr. Abelson.
STATEMENT OF MS. MARK ABELSON,
REGIONAL COORDINATOR, DEPARTMENT
OF THE INTERIOR
MR. ABELSON: Mr. Chsituo, Conferees, Ladies and
Gentlemen:
My nam is Mark Abel son. I am the Regional
Coordinator here for the Department of the Interior.
The Department of the Interior, which is the prin-
cipal Federal agency concerned with natural resources, has a
definite interest in all waters of the country and in the
entire pollution problem.
In order to coordinate the efforts of all those
concerned with the related water problems, there must be
comprehensive planning and activity among all interests.
The Interest of the Department of the Interior in
water can best be expressed by quoting from a recent state*
ment by Secretary Udall before a congressional canalttee:
"—the focus of Interior effort is directed
to the maintenance of adequate national water sup*
P^-i*1 ^ adequate water quality for whatever uses
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73
M. MmIiod
you may with to make of this valuable resource.
The Interior approach emphasises the coordination
and interrelation between uses and the effect of
these uses on management and quality of the total
water supply system.
"Maintenance of water quality involves not
only the quality levels for human consumption, but
also quality levels for consunptlon by other animal
and plant life, for development of other natural
resources, and for industrial processes. These
quality considerations are interrelated. They can
be understood and controlled best from the point
of view of water as a resource, rather than from
the point of view of a particular quality need."
In handling water problems over a period of years
the Department has accumulated a great deal of experience.
It has the facilities and the qualified manpower to deal
with a wide variety of water problems.
The Department has six operating Bureaus in this
region, all of which have an interest in the region's water
resources, ranging from purely unbiased fact finders to
strong advocates of clean waters. These Bureaus are:
Bureau of Mines
Geological Survey
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76
M. Abolson
Bureau of Sport Fisheries and Wildlife
National Park Sarvice
Bureau of Commercial Fisheries
Bureau of Outdoor Recreation
Interior Bureaus carry on water quality studies
related to the physical, chemical, and in same degree, bio-
logical adequacy of natural and developed water supplies*
These studies and research are chiefly those in which the
skills and required knowledge are based on geology, chemistry,
hydrology, engineering and other physical science aspects of
water management. Interior's water quality research extends
to the study of environments adequate for the propagation,
production and control of both fish and wildlife resources,
and for water based recreation.
In common with many others, Interior has interests
and responsibilities in the economic and social aspects of
water-quality saaagwten t. We recognize that such factors as
quantitative requirements, competitive uses, and marketability
of water and associated products must be given consideration
*11- plans. Interior takes account of the economic impact
and other values that protection of water quality will have
on the community, the basin, the state and the nation.
Representatives of two of the Interior Bureaus are
here today and will present stateaMots concerning their
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77
M. AtMlson
interests In the waters of the Merrimack River Basin.
The Geological Sumy win report on the degree to
*hich hydrologic studies of the basin have been made, are in
progress, or will be made, which are essential to the under-
standing of pollution and for water quality management.
The Bureau of Sport Fisheries and Wildlife will
report on the effects of present water conditions on the
fisheries resources, and for future fisheries potential in
the river.
Mr. John Gottschalk, Regional Director, Bureau of
Sport Fisheries and Wildlife will next present a stateaent
for that Bureau, and he will be followed by Mr. Charles Knox,
District Engineer, of the Geological Survey.
Thank you.
MR. STEIN: Thank you, Mr. Abelson, for a very
comprehensive statement.
Perhaps we had better wait for questions or canenti
until all the Interior presentations are completed.
Mr. Gottschalk.
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J. S. Oottscbalk
78
STATEMENT OF JOHN S. GOTTSCHALK,
REGIONAL DIRECTOR, BUREAU OF SPORT
FISHERIES AND WILDLIFE, DEPARTMENT
OF THE INTERIOR
MR. GOTTSCHALK: Mr. Chairman, Conferees, Ladles
and Gentlemen:
You have Just had the long and the short, or maybe
I should say the short and the long of the Interior Depart-
ment.
My name is John S. Gottschalk. I represent the
Bureau of Sport Fisheries and Wildlife, which, together with
the Bureau of Commercial Fisheries, constitutes the U. S.
Fish and Wildlife Service.
We are pleased to speak at this conference. The
prospect of restoring the usefulness of the Merrimack River
and its tributaries is brighter now than it ever has been.
Throughout the nation, people are saying, "Let's do sonsthing
•bout pollution!" We agree that now is the tine to correlate
and intensify all efforts to carry out realistic and effective
pollution abatement programs.
The use of streams for waste disposal is a single-
purpose use. We can no longer afford such luxury. Our
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79
J. S. Gottschalk
expanding population demands chat we make multiple-use of
each of our resources. Pollution prevents multiple-use of
our streams, and public recognition of this fact is growing.
Our cosmunities will soon need to use rivers and
their tributaries if the growing demands for recreation are
to be satisfied. This is already true in the lower Merrimack
Basin where the tide of urban expansion is xrapidly submerging
traditional recreational areas. It will soon be true in the
upper Merrimack Basin. it is clear that we must plan to
utilize each lake and stream to its maximum potential for
production of fish and aquatic wildlife if we are to meet
future human demands for fishing ana hunting.
fhe anticipaLeu demand can be shown by comparing
the surface *cres of fresh water now available to each of us
with what may be expected. According to the 1960 Survey of
Hunting and Fishing, the area available in New Hampshire in
1960 was 0.44 acres for each resident. By the year 2000,
this will be 0.26 acres, almost a 50 per cent reduction. In
Massachusetts, the area will decrease from 0.03 acres per
person in 1960 to 0.02 acres in 2000. In the year 2000, we
expect that there will be three fishermen for every angler
in 1960. The number of fishermen will continue to increase
at a faster rate than the general population.
fhe potential of the Merrimack Kiver for satisfying
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80
J. S. Gottschalk
these desands is enormous. Tha ORRHC report "Sports Fishing
Today and Tomorrow" estimates that the main stem alone could
support at least 290,000 nan-days of fishing each year. In
adoition, the river could support several thousand man-days
of hunting each year, fhe 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.
fhe Fish ana Wildlife Service is vitally concerned
with the various aspects of fish and wilolife conservation
ami development within the Merrimack iUver Basin. Our con-
cern reflects both the specific and general inLerest of the
Congress in the conservation of the Nation's fish and wild-
life 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, ana wildlife resources of the Nation
® material contribution to our national 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 renew-
able form of national wealth that is capable of
being maintained and greatly Increased with propar
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81
J. S. Gottschalk
management, but equally capable of destruction if
neglected or unwisely exploited; that such re-
sources afford outdoor recreation throughout the
Nation and provide employment, directly or indi-
rectly, to a substantial number of citizens; that
the fishing industries strengthen the defense of
the United States through the provision of a
trained seafaring citizenry and action-ready
fleets of seaworthy vessels; that the training
and sport afforded by fish and wildlife resources
strengthen the national defense by contributing
to the general health and physical fitness of
millions of citizens; and that properly developed,
such fish and wildlife resources are capable of
steadily increasing these valuable contributions
to the life of the Nation."
Section 5 of the Fish and Wildlife Coordination
Act specifically authorizes this agency to study the effects
of pollution on fish and wildlife resources and to recommend
measures to relieve the undesirable effects of pollution.
Our work on pollution problems is related to fish and wild-
life as affected by specific pollutants and is coordinated
with the Public Health Service.
Under Section 2 of this same Act, we have a
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J. S. Gottschalk
particular responsibility to ensure that consideration be
given to Che protection and enhancement of fish and wildlife
resources in the planning, construction, and operation of
water resources development projects in the Merrijnack Basin
whether planned and constructed by Federal agencies or under
Federal license. In carrying out this responsibility we
work closely with all Federal, state, and local agencies in
order that all facets of public interests in water resources
may be properly considered. Agencies like the Geological
Survey, which collects aata on the amount of dissolved oxygen
available and other water quality factors, help us by provid-
ing basic information.
The Federal Power Act and the Fish and Vildlife
Coordination Act authorize us to recommend the incorporation
of fishways and other fish and wildlife conservation measures
in licenses or permits for existing or planned water re-
sources projects.
One of our concerns for clean water involves fa-
cilities operated by this Bureau. The National Fish Hatchery
near Nashua, New Hampshire, plays an important role in the
fishery management programs of the White Mountain National
Forest and in stocking public waters of the States of New
Hampshire and Maine. It produces 40,000 pounds of trout
annually for stocking purposes. The Parker River National
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83
J. S. Gottschalk
Wildlife Refuge at the mouth of the Merrimack at Newburyport,
Massachusetts and the new National Wildlife Refuge along the
Concord and Sudbury Rivers in Massachusetts will need water
supplies of good quality if they are to make their maximum
contribution, to fish and wildlife conservation.
The Merrimack Kiver Basin is the fifth largest
river basin lying wholly in New England. It covers an area
of 5,010 square miles, of which 3,300 square miles lie in
central New iJamp shire ana 1,200 square utiles in Massachusetcs.
Unbroken woodlands cover most of the northern portion of
the basin. The main stem fterrimack River is 110 miles in
length and is tidal through the lower 2I miles of its length.
The basin liee within an easy day's urive for ten and one-
half million persons. By the year 2000, the OtiKKC estimates,
the population within this area will increase to more than
17 million.
Significant fish and wildlife resources are found
throughout the Merrimack Basin. Forest game species pre*
dominate in the upper and central sections of the basin;
upland and small game in the southern section. An estimated
4,000 deer are harvested annually in the basin and provide
100,000 nan-days of hunting. Hunting for pheasant, cotton-
tail rabbit,,ruffed grouse, varying hare, woodcock, grey
squirrel, and waterfowl provides an additional 200,000 -
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84
J. S. Qottschalk
230,000 mo-days of recreation each year. Important fur
animals include suskrat, beaver, mink, and otter.
The Merrimack and its tributaries support a variety
of fishing. An important fishery for brook, rainbow, and
brown trout exists in the northern section of the basin and
in the colder waters of the southern section. There is lake,
pond, and stream fishing for warm-water species, including
smallmouth bass, largemouth bass, brown bullhead, yellow
perch, pickerel, and walleye in the central and southern
portions of the basin. Annual fishing pressure within the
basin is presently in excess of 300,000 man-days.
The Pemigewa&sec. River has trout in the upper
reaches above Lincoln and warm-water species in the lower
reaches between New Hampton and Bristol. Severe pollution
caused by paper and pulp wastes has rendered the Pemigevasset
River and its East Branch from Lincoln downstream to Plymouth
devoid of fish life.
The Contoocook River, the largest tributary to the
Merrimack, is adversely affected by pollution throughout its
length. However, a fishery consisting of smallmouth bass,
chain pickerel, bullheads, yellow perch, and white perch is
found throughout the major portion of the river. Small
populations of walleyes are found in the ftiverhill section.
The Nashua River, from Fitchburg, Massachusetts,
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J. S. Oottschalk
downitrsa, is one of the most grossly polluted rivers In
the basin. Several sections of the Nashua River in Massa-
chusetts and New Hampshire are in nuisance condition as a
result of waste discharge. The Nashua River now offers
little, if any, opportunity for fishing because of contamina-
tion. Fish do survive in leas polluted sections, and in June
1963, a fish kill in the Nashua River was reported. Pollu-
tion was a contributory cause of this kill. In earlier times,
Atlantic salmon, American shad, and herrings (alewives) were
known to utilize this stream up to Groton, Massachusetts.
One of the significant effects of pollution is
that it inhibits utilization of the limited fish populations
which may exist. ihe main stem Merrimack River serves as a
good example. Certain badly polluted sections of the river
still support largemouth and smallaouth bass, chain pickerel,
yellow perch, white perch, and bullheads. The New Hampshire
Fish and Game Department has released walleye fry at various
locations in the upstream section of the river. Walleye have
been taken from the Merrimack River near Hooksett, New Hasq>-
shire. In 1960 a tremendous run of immature striped bass
from 12 to 20 inches was observed in the Merrimack River at
Lawrence, Massachusetts. The entire length of the main stem
receives light fishing pressure in comparison to its poten*
tial. Fisherman naturally avoid waters known to be polluted.
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J. S. Gottschalk
"**** the mouth of the Merrimack Elver at New-
buryport, Massachusetts encompass 500-600 acrea. It has
been eatisated that there are 80,000-100,000 bushel, of legal
sized clams on the flats. Their harvest 1s prohibited be-
cause of pollution. Adequate control of pollution would
make these shellfish resources once again available for
human consumption.
Proper control of pollution would bring full
realization of the true fish and wildlife potential of the
streams. The entire Merrimack Basin lies within easy reach
of highly-populated urban areas. By the year 2000, we ex-
pect approximately 3,000,000 of the projected New England
population of 17 million people will fish. An estimated
800,000 hunters will live in the area by this date. Fishing
and hunting sites for these people will be in critical short
supply in the future. Clean-up of the polluted sections
would provide many thousands of man-days use for fishing.
It would help to more evenly distribute pressure among the
available fishing waters. It would enlarge feeding and
nesting areas for waterfowl and other aquatic wildlife
species and provide many additional man-days use for hunters.
In recent years there has been growing interest in
the restoration of anadromoua fishes to the Merrimack River
Basin. Historically, this basin supported runs of Atlantic
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J. S. Sottschalk
salmon, American shad, and alevives. All three species as-
cended the main at em Merrimack River to the junction of the
Winnepesaukee River and Pemigewasset River. At this point,
the American shad and alewives ascended the Uinnipeaaukee
River to its feeder lakes; the Atlantic salmon ascended the
Pemigewasset River upstream to Livermore Falls.
The first dam constructed on the main stem Merri-
mack River at Lawrence, Massachusetts was built in 1846, thus
closing the entire basin above this point to anadromous
species. Early restoration attempts in the foxm of fishways
on downstream dams were inadequate. The recent impetus for
anadromous fish restoration along the coast has emphasized
the need for careful consideration of fishways for existing
and future dams.
New Hampshire has conducted a preliminary biological
survey of the Merrimack River Basin to determine the extent
of potential salmon spawning areas. State biologists con-
clude that restoration of anadromous fish, including salmon
and shad, is desirable and economically feasible when pollu-
tion problems have been solved. They estimate that the cost
of providing adequate fishways in the basin would total about
$700,000. Approximately 27,000 pounds of salmon with an
estimated valuation of $270,000 could thereafter be taken
annually. This preliminary investigation indicated that
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J. S. Oottschalk
adequate •pawning and resting area Is available to support
this iIm run. While these arc eatioittt, they Indicate the
possibilities. Pollution is identified as one of the major
obstacles. Some fishery authorities assert that an Atlantic
salmon resource of important sport and coamercial magnitude
in the Northeast cannot be achieved without the reestablish-
ment of spawning runs in the major rivers, such as the Merri-
mack.
In any course taken, adequate control of pollution
would be an essential step toward the restoration of anadro-
fish and, in addition, would be needed to realize
benefits from resident fish and aquatic wildlife species.
The goal of the pollution abatement program should
be to restore both main stem and tributary streams to a
quality level suitable for a wide range of uses, including
bathing and other forms of water-based recreation; irrigation
and other agricultural uses; and fish and wildlife habitat.
We are convinced that the necessary control of pollution
yield attractive benefits from fishing and hunting
recreation and many other uses.
Thank you.
ME. STEIN: Thank you very much, Mr. Gottschalk.
I think you recognize from that comprehensive statement that
we really lost a natural resource in Washington when Mr.
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J. S. Gottschalk
Gottschalk transferred from Washington up here. But I sues.
Washington's lota is New England** gain.
^ learn one thing that I didn't know before.
I was really Intrigued by your statement that the population
of flsheroen would Increase more rapidly than the general
population by the year 2,000. This answered a question I
have always wondered about. What do the fishermen do between
bites?
(Laughter.)
Do we have any cements or questions?
MR. ROGERS: I have three questions here, I believe.
Gottschalk, have you seen these average and
minimum dissolved oxygen values that Mr. Pahren has presented
in his statement?
MR. GOTTSCHALK: Yes.
MR. ROGERS: With specific reference to these dis-
solved oxygen values Just above and below the state line of
New Hampshire and Massachusetts, would you comoent on the
suitability of this river to support game fish?
MR. GOTTSCHALK: Well, the average figures are sub-
stantially below the average considered satisfactory for the
®*lntenance of fish populations. The minlmums recorded are
substantially below, and the river, when they are in this
condition of 1.2 to 1.5 parts per million oxygen, cannot
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J. S. Cottschalk
support fish.
I wld like to make this conwnt: Averages are
misleading. Fish can't live in an average stream. They have
to live in a stream as it exists from day to day. If you
have low water periods during warm weather when the oxygen
content drops to one and a half parts per million, the fact
that it was up at five parts per million earlier in the year
means nothing at all as far as those fish are concerned.
Therefore, we are concerned in fishery management
with problems of minimums rather than problems of averages.
I would say that in that section, as well as in the lower
section, the river is not suitable for fish life much of the
time.
MR. ROGERS: In your opinion then, does the
pollution coining out of New Hampshire affect the fish life
in the Merrimack River in Massachusetts?
MR. GOTTSCHALK: In view of the total material
Mr. Pahren submitted, anybody would be foolish to sug*
gest that the river in Massachusetts is not in pretty terrible
condition. The fact remains, however, that it is in pretty
terrible condition when it leaves New Hampshire.
Massachusetts could presumably do something about
the pollution of the Merrimack River if something were uone
about what happens to it in the State of New Hasp shire. Over
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J. S. Gottschalk
the years we have all, I think,cobs to the conclusion that a
problem on a river cannot be attacked piecemeal. You have
®ta*t at the top and work down to achieve improvement•
That would be my comment on that point.
MR. ROGERS: Thank you.
MR. LaCAVA: Mr. Chairman?
MR. STEIN: Come up^Mr. LaCava. Go ahead.
MR. LaCAVA: My name is LaCava. I'm Chief Engineer
for the Water Pollution Commission in New Hampshire.
Mr. Gottschalk, you made a remark about pollution
coming out of the State of New Hampshire being very terrible.
Would you give me the background of that remark?
MR. GOTTSCHALK: The background of that remark is
information which our biologists have secured, in terms of
the type of information that Mr. Pahren gave, in relation
to dissolved oxygen and the BOD observations of the river.
That is the background.
MR. STEIN: Are there any further consents or
questions? Mr. Healy?
MR. HEALY: I would like to pursue that a little
further, if 1 may.
You referred to data collected by fish and g—
authorities.
MR. GOTTSCHALK: In relation to the salmon study,
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J. S. Oottschalk
chat is correct, in the New Hampshire Fish and Game Depart-
ment .
MR. HEALY: In terms of the pollutional effects,
dissolved oxygen and --
MR. GOTTSCHALK: L reported that the New Hampshire
Fish and Game Department feels that if pollution can be taken
care of in the Merrxmack River, it would be possible to re-
establish runs of anadromous fish.
That is the primary need at the present time. There
will have to be fishways. We can construct fishways, but we
can t do it until the pollution has been taken care of.
MR. HEALY: Well, that is precisely the point. I
have had conversations with our fish and game authorities
quire recently regarding this matter, and they regard the
fishways, the dams, as the most serious obstacle to reestab*
lishment of fish runs in the Merfimack River.
Any data with reference to pollution is obtained
from our Commission. The fish and Game Department does not
maintain its own laboratories as such. Except for this
year, which was an extremely dry year, we have had very
reasonable oxygen levels in the stream as it leaves New
Hampshire into the State of Massachusetts, and we know from
our own survey work in the river, that game fishes still
exist in the river.
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9S
J. S. Qottcchalk
I would disagree with the general observation that
you mad* to the effect that terrible pollution exists in
Mew Hampshire «hich interferes with fish life travelling from
Massachusetts up to New Hampshire.
MR. GOTTSCHALK: I assume that is a statement,
rather than a question?
MR. LaGAVA: It certainly is.
MR. STEIN: Are there any further comments or
questions?
(There was no respane.)
MR. STEIN: While you are here, I would like to
just clarify one part of the report, as I understood Mr.
Pahren gave it.
As I understand it, there are two factors in
getting anadromou8 fish up a river such as the Merrimack
River, dams and pollution. Do I understand that the U. S.
Fish and Wildlife Service is seriously entertaining the
notion of going into a project of providing fish passage
devices to get the anadromous fish back up the Merrimack
River, if the pollution will not provide a block and a
detriment?
MR. GOTTSCHALK: Is that a question?
MR. STEIN: That is a question. Is that a correct
statement?
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94
J. S. Gottschalk
MR. GOTTSCHALK: No, I wouldn't say chat it is.
We have made a number of general studies of all of the prin-
cipal streams with respect to the question of salmon restora-
tion. At the present time, the only salmon restoration
program in the United States on the east coast is in the
State of Maine.
We recognize, as our reported indicated, that the
opportunity for the establishment of really significant
salmon populations in terms of material contribution in the
commercial fisheries or really big tourist attractions in
the sport fisheries is on these bigger rivers.
Now, there is a bill in Congress -- I can't cite
you the name; it was introduced last year -- providing for
programs of restoration of anadromous fish. It would apply
to the east coast as well as to the west coast. We have
reported on that bill. This is undoubtedly what you are
referring to.
Until such a bill passes, we will not seriously be
able to undertake the construction of fishways, but if that
bill does pass Congress, then we may be in a position to pro-
ceed.
MR. STEIN: Do you consider the Merrimack River as
one of the larger rivers?
MR. GOTTSCHALK: By all means, and, of course, it
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93
J. S. Cottschalk
has a history of having produced salmon.
I personally feel chat the estimate which I cited
is very conservative. I think that it has a potential for
producing runs of fish which might even emulate those which
history has recorded as having once run in the Merrimack.
Starting with the St. Croix, we actually have the Kennebec,
the Penobscot, the Androscoggin, the Merrimack, the Connecti-
cut, and finally the Hudson. Those are big future salmon
streams.
MR. STEIN: Yes. The next question I want to ask
is: We all recognize that the Congress has to pass legis-
lation or appropriation bills to get something going, but
I am asking you this from the technical side.
As 1 understand this report, there are two pre-
requisites to getting anadromous fish up these major rivers.
One is the provision of fish passage devices where we have
dams, and the other is the elimination of pollution; is
that correct?
MR. GOTTSCHALK: That's correct. We have a demon-
stration in the Connecticut River, where it has been possible
to pass the dam at Holyoke with American shad. In other
words, physically it is not impossible to move a migrating
stock of adult fish over a barrier, but it is useless to do
this if the stream, either before you get there or after you
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J. S. Cottachalk
leae chat particular point, is not suitable for the existence
of either the adults, the egga or the larvae, which are such
®ore sensitive to pollutants.
I don't know frankly, Mr. Chairman, whether It Is
a technical problem, which one of these is easier to solve;
that is, the passage over a dan or the passage through pol-
luted waters. Maybe it is more of a political problem, but,
as far as ve are concerned, we know that It is possible to
put fish over a dam without too much ham. However, it is
useless to do it if we haven't cleaned the water up suitably
in the meantime.
MR. STEIN: Thank you very much, Mr. Gottschalk.
Are there any further questions or conments?
(There was no response.)
MR. STEIN: if notf thank you.
MR. GOTTSCHALK: Certainly.
MR. ROGERS: Mr. Knox.
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c. £. Knox
97
STATEMENT OF CHARLES S. KNOX, DISTRICT
ENGINEER, MATER RESOURCES DIVISION,
UNITED STATES GEOLOGICAL SERVICE
MR. KNOX: Mr. Chairman, Ladies and Gentlemen:
My name is Charles E. Knox. I am District Engineer
of the Geological Survey under the Department of the Interior,
with headquarters in Boston, Massachusetts.
My statement deals with the activities of the U. S.
Geological Survey with particular reference to their contri-
bution to water pollution control and abatement in the Merri-
mack River Basin.
The products of the U. S. Geological Survey ac-
tivities which contribute to the scientific physical back-
ground for pollution control are in three general areas:
Topographic maps, basic geologic maps and reports, and hydro-
logic reports that describe the changing quality and quantity
of water as it moves through the hydrologic cycle in the
atmosphere, on the ground and under the ground.
Topographic quadrangle maps are widely used and
well known. The sanitary engineer looks to U. S. G. S.
quadrangle maps as the source of many physical facts con-
cerning the sise, shape and scope of river systems. He also
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98
C. E. Knox
uses than to locate and record points of diversion of stream
waters and return of waste waters to stream channels.
Geologic maps reveal the types of rocks and struc-
tures over which stream waters move. These maps show why
some channels are watertight, where others allow movement of
water between streams.
MR. STEIN: Mr. Knoxt will you try to speak into
the microphone a little louder? Some people are having
difficulty hearing you.
MR. KNOX: Because there are many directly asso-
ciated with the control of water borne pollution, I will
describe products of the third general type in more detail.
These are the hydrologic reports that incorporate basic
data and interpretation. The reports are the end products
of studies conducted in cooperation with State and municipal
agencies. The U. S. Geological Survey's annual appropriation
includes funds to be used exclusively for cooperation with
States and municipalities in water resources investigatlexis
on a fifty-fifty basis.
As a matter of information, in Massachusetts
U. S. Geological Survey is cooperating with the following
State agencies: Department of Public Works, Water Resources
Commission, and the Metropolitan District Commission. In
New Hampshire, the cooperation is with the Water Resources
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99
C. E. Knox
Board.
The Corps of Engineers also furnishes funds to
support a portion of the network of flow measurement stations
in the stations which have particular value in flood control
and water development surveys*
Water resources studies have been requested and
financed by the National Park Service, the Bureau of Sport
Fisheries and Wildlife. These water resources studies and
the resulting reports vary greatly in scope.
The reports incorporate basic data and interpre-
tation of the data with reference to hydrologic environment.
They are published annually and are available to the public,
as well as to all Federal and State agencies. Most of the
reports have value in one way or another in the field of
water management, including an identification control and
alleviation of water borne pollution. For example, they
include the continuing measurement of stream flow at 35
places within the basin, and review the quantities of water
available during the critical drought periods to carry off
the municipal and industrial wastes throughout the basin.
Included also are measurements of low flow in many locations
in the basin.
State sanitary engineers are regular users of such
facts in determining the safe level of discharge of wastes
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100
C. E. Knox
Into the scream.
The U. S. Geological Survey also conducts and re-
ports on studies in the field of water quality. Both the
chemical and physical quality of streams are concerned.
Chemical quality measurements include the most significant
of the dissolved minerals obtained from the rocks and soils
over and through which water moves forward, or in the stream
channel. They may also include dissolved organic and in-
organic matter from domestic and industrial waste.
A limited amount of water quality data was obtained
on several streams in the Merrimack River Basin as a part of
the study conducted by the New England-New York Inter-Agency
Comnittee. These data are for a base of comparison with
current data to record changes in water quality that have
taken place since the time of the New England-New York Inter-
Agency Comnittee investigation.
In addition, the Departanent of Air Force and Army
regularly forwards samples of water sources serving their
installations to the U. S. Geological Survey for water
quality analysis.
Physical quality studies conducted by the U. S.
Geological Survey Include measurement of water borne sedi-
ment .turbidity, color and temperature. No sediment studies
have been made in the Merrimack River Basin, but are
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101
C. £. Knox
recanmendsd in any comprehensive study of water pollution.
Water borne sediment, as well as turbidity and temperature,
bear on fish culture for recreational purposes.
The natural ground water systems in the basin are
gradually being better defined. The first report by the
U. S. Geological Survey was in 1903. A series of more
localized ground water studies followed. The latest of these
is the favorability of ground water in the Nashua-Merrimack
area at New Hampshire.
To water supply engineers, these reports show the
location and magnitude of bodies of fresh ground water avail-
able for public supply. To the sanitary engineer and pollu-
tion abatement authorities, they identify natural ground
water reservoirs to be protected from pollution, and indicate
the manner in which the discharged matter moves and may
contaminate the water supply. The reports also furnish a
base for more intensive water studies when required.
The growth of interest in water bodies for recre-
ational uses and the increased attention to pollution abate-
ment results in greater and more competitive use of water
over wider areas.
State officials are in need of more than water
facts for design of physical works and for administration.
They desire hydrologlc knowledge developed and presented with
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C. E. Knox
sufficient breadth to give a background for decisions involv-
ing the alternative measures for better water and land use
and for over-all economic planning of basins and areas.
Certain other features of the work patterns of the
U. S. Geological Survey strengthen its ability to be of
service to the field of pollution control. It pursues its
water resources studies with the exclusive objective of fact
finding, including the facts about natter of any kind that
is in water, such as gases, dissolved solids, colloidal
matter, inorganic and organic, and what forces or factors
influence occurrence and movement.
Through its planning and close relationship with
other State officials, the U. S. Geological Survey maintains
Intimate knowledge of water problems and other situations
for which water facts are required. This permits a concentra-
tion of scientific effort in reporting to that which is timely
and appropriate.
The effectiveness of the Survey has been strengthened
by the fact that its professional staff enjoy continuing and
long association with the hydrologlc environment and the
water problems of each area.
For example, the U. S. Geological Survey scientists
have long association with pollution problems. Geological
Survey Water Supply Paper No. 22, on the subject of sewage
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103
C. E. Knaoc
Irrigation, reports on the status of measures to conbat
•treaB pollution. It also Includes a description of this
problem in New Hampshire and Massachusetts. This report
carries the date of 1899.
It nay be appropriate to say, in conclusion, that
the U. S. Geological Survey, when opportunity arises, is
willing and eager to define and present those kinds of water
facts tAtich are most useful to the field of pollution con-
trol.
Thank you.
MR. STEIN: Thank you, Mr. Knox. Are there any
comments or questions?
(There was no response.)
MR. STEIN: Thank you very much, sir.
MR. KNOX: Thank you.
MR. STEIN: At this time, I believe Mr. Taylor may
have an announcement or two.
MR. TAYLOR: Mr. Chairman, there are a number of
Senators and Representatives of the State and General Court
of the State of Massachusetts who wish to be recorded in
-------
A. E. Kenefick
Representative Kenefick.
104
STATEMENT OF ARCHIE E. KENEFICK,
STATE REPRESENTATIVE, LOWELL,
MASSACHUSETTS
MR. KENEFICK: Mr. Chairman, Conferees, Ladies and
Gentlemen:
I am Representative Archie Kenefick of the 14th
District, Lowell, Massachusetts, and also a member of Public
Health in the State House.
I Just want to be very brief and say that I believe
very much in favor of the statement that the Honorable
Torbert MacDonald made here this morning through one of his
representatives.
All I wish to add to that would be that I want to
raise the quality of the water in the Merrimack Valley and
to all the coammities which it serves, but I want to know
and would like to know how we are going to raise the money
to raise this quality of the water?
The people in my district want to clean the Merri-
mack River out. They believe in the pollution being cleaned
out, but they arc saddled now with heavy taxes, and I Vnm
that they cannot pay the tax for this problem. That is all
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105
A. E. Ktnmfick
it mounts to. It is a money problem.
Thank you, Mr. Chairman, and members of the confer-
ence.
MR. STEIN: Thank you, Representative Kenefick.
MR. TAYLOR: Senator Rurak.
S1ATEMENT OF SENATOR JAMES P. RURAK,
MERRIMACK RIVER POLLUTION COMMISSION,
HAVERHILL, MASSACHUSETTS
MR. RURAK: Mr. Chairman and members of this very
distinguished conferee committee, members of my own Coonission
on Pollution in the Merrimack River, Ladies and Gentlemen:
At the outset, I do want to thank this conferee
committee for allowing me to say a few words.
I do want to make this crystal clear. I am not
speaking for other commissions. I am not speaking in oppo-
sition. I am speaking as a member of the conmission on
of the opinions expressed at various meetings that we have
held in these cities and towns during the past year.
I do want to point out that many of these questions
that have been asked — and, certainly, if I do make erron-
eous statements, I am sure that the commission is here and
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J. P. Rurak
I wish they would certainly correct me.
®H» 1 think w had one of our first
meeting, about a year ago. At that time I did get up at
this meeting, and I pointed out to this coonission that we
are going to have sane very, very serious problems with our
up-river communities, mainly because — not that they were
against pollution, but because of this prohibitive cost that
was going to be assessed to these cities and towns.
This I want to make crystal clear. I know that
the river is polluted. This we all know, but the question
always came, and I have said this once if I have said it a
hundred times, that it aoes have to be an interstate problem,
and that the Federal Government will have to come into this
project. We have already filed a bill with one of the mem-
bers, the very distinguished representative and my colleague
from Newbaryport, to ask for assistance, 20 per cent from
the Commonwealth of Massachusetts, in trying to aid these
cities and towns with this problem.
I want to commend and compliment Mr. Taylor, Joe
Knox, Mr. Rogers and Joe Lawler from Camp, Dresser & McKee.
Certainly, they were very, very fair with the questions that
*ere asked at these town halls, city halls and wherever these
meetings were held.
One of the questions that was asked was: How much
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107
J. P. Burak
has the river cleaned itself up to the present time? The
answer was: It has cleaned Itself up 70 per cent.
Another question cane up, that they are fishing
off the bridges a lot further up the area than in many, many
years. Could they give the answer of why these fish are
coming up this river up in this area? And, by their own
admission, by the Commission's own amission, they did state
that the water was cleaning itself up. Why? Because the
plants, these mills from Lawrence and Lowell had moved down
to the southern part of the country.
These are some of the questions that were asked.
Many others were asked, and I know that a poll was taken.
One of the senators here will possibly bring that up, but
a poll was taken in many of the cities and towns. I may
be wrong, but I think it was taken in 47 or 48 cities and
towns, and at that time the opposition was two to one or
three to one in many of these cities and towns.
Many, many questions were asked of how much this
ha8 raised the tax rate in our cities and towns. The cost
is going to be approximately $142,000,000. Already Newbury-
port has started this project with Federal help, and I think
they have matched plans through their very, very aggressive,
my colleague, representative, Representative Zabrlskie down
in Newburyport.
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J. P. Kurak
Certainly, I have asked him this question many
times. I have asked his Honor, the Mayor, and many people
in the area, that would they expect ay cities and towns that
I represent in the up-river communities to more or less take
this cost on their own. Their honest answer was "No." They
felt that the Federal Government should come in and help,
like it helped its own City of Newburyport.
I do want to point out that in the City of Haver-
hill, and I state again, the cost is approximately $36,000,000.
This is the cost. This is the over-all cost, and this isn't
the hidden cost, such as manufacturers possibly having to
probably move their sewerage systems and an extra cost to
home owners.
Correct me, Joe, if I am wrong, but I know I asked
you this question, Joe Lawler who is here, that this is an
extra burden on the cities and towns.
I do want to say that many of the selectmen, the
mayors, the town officials, have expressed opposition, not
because they don't want this river clean, but because of
this prohibitive cost. Again we come to that question.
Certainly, I want to say this: I am not a magician.
I hope I could look into a crystal ball for this answer which
I don't know. That is why I am a member of this Commission,
and I guess that is why this Coanlssion is here today. Where
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109
J. P. Rurak
are we going to get this money?
I have often stated that we should let our Congress^
sent, let our United States Senators know this p rob lea that
we are confronted with in this Merrlaack River Valley.
S°» again 1 say that unless the Federal Government •
this is ay own very humble opinion •• comes into the picture
with saae type of a formula, possibly such as on the inter*
state highways, 90/10, 75/25 or 50/50, regardless of what
type of a formula, this is the only way that these cities and
towns will be able to take up this project.
Thank you very, very much.
MR. STEIN: Thank you, Senator. Are there any
comments or questions?
(There was no response.)
MR. STEIN: If not, as previously announced, we
will recess for lunch until 1:30.
(Whereupon, a luncheon recess was taken.)
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110
AFTERNOON SESSION
MR. STEIN: May we convene?
Mr. Rogers?
MR. ROGERS: I just want to continue with the
Federal Government's presentation. I have about five minutes
more.
The Department of the Air Force has two sizeable
installations in thx6 Merrimack River Basin. One is Hanscom
Field at Bedford, Massachusetts, ana the other is Grenier
Field at Manchester, New Hampshire.
We have, representing Hanscom Field, Captain Myrl
E. Wilson, who is the Bioenviromnental Engineer. I am not
sure that Mr. Bilodeau from Grenier Field is here.
MR. PA1AZZI: He is here.
MR. BILODEAU: Yes.
MR. ROGERS: Mr. Bilodeau is Base Civil Engineer at
Grenier Field at Manchester, New Hasp shire.
I would just for the record like to read this letter
from the Department of the Air Force, Headquarters, United
States Air Force, Washington, D. C. The subject is "Confer-
ence on Water Pollution," and it is addressed to "Department
of Health, Education, and Welfare, Attention Alfred E. Peloquin,
Chief/ Water (Quality Section, Regional Office, Region I, 120
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Ill
H. H. Rogers
Boylston Street, Boston, Massachusetts." The letter reeds
as follows:
"1. Reference your letter 17 January 1964
pertaining to a conference on water pollution to
he held on 11 February 1964 in Boston, Massachu-
setts.
2. The USAF Medical Service has an active
role in maintaining routine surveillance over
waste disposal practices at Air Force installa-
tions. Bioenvironmental Engineers of the Medical
Service work closely with the USAF Civil Engineers
in order to provide advice and assistance on the
health aspects of water pollution control. In
addition, comprehensive surveys are being conducted
by the USAF in conjunction with the USPHS and local
health departments to evaluate the extent of water
pollution and to plan necessary abatement procedures.
"3. It is desired that Captain Myrl E. Wilson,
Bioenvironmental Engineer, 3245 USAF Dispensary,
L. G. Hanscom Field, Bedford, Massachusetts, attend
this conference as an Air Force representativej how*
ever, he has no presentation to be made."
There is one question I would like to ask Captain
Wilson. I believe at the moment all of the Nanscorn Field
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112
H. H. Rogers
waste gM« into the M.P.C. ays ten, except for a snail part?
CAPTAIN WILSON: That la correct, a vary anall part,
which originates in the motor pool and the hangar area, which
is conducted to the separator. This is not more than 7,000
gallons par day.
MR. ROGERS: All right, sir, fine. Thank you,
Captain Wilson.
With reference to Grenier Field, we have Mr. Bilo*
deau here. Mr. Bilodeau, if you would, would you tell us
about your plans to handle the waste problem?
MR. STEIN: Would you come vp here, Mr. Bilodeau,
that those in the back will be able to hear you?
MR. BILODEAU: Yes.
STATEMENT OF MAURICE E. BILODEAU,
BASE CIVIL ENGINEER, GRENIER FIELD,
MANCHESTER, NEW HAMPSHIRE
MR. BILODEAU: As far back as 1958, Grenier Field
has programed for a sewage treatment plant to take care of
a half million gallons of sewage disposal per day. This was
brought about by the passage of a law in the State of New
Hampshire for water pollution control.
As of now, the item is still in the military
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M. E. Bilodaiu
construction program, and no funds have been allocatod for
th* construct ion of this plant, dua to the fact that a cur-
tailment of funds throughout all Air Force installations has
cone due this yaar, and Grenier Field presently is under
consideration for closing.
However,even though this is in the process, the
item has remained in the program, and if we stay there I am
sure that the Government will probably take cognizance of
this fact and construct a sewage treatment plant.
This is all I have to say.
MR. STEIN: in other words, you have no plans for
constructing now, and no authorization to construct?
MR. BILODEAU: No authorization for the construction
presently.
MR. STEIN: Are you definitely phasing out?
MR. BILODEAU: This is what Secretary McNaaara
says. I hope not.
MR. STEIN: In Federal installation programs, this
is one of our most difficult ones, and this is indigenous to
the whole continental and overseas programs. There is a
statute which provides that the Federal installations are to
show the lead in waste treatment practices and facilities.
Tho problem we run into is when the Department of
Defense announces that it is phasing out, which is the current
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M. E. Bllodeau
bureaucratic phrase, an installation. That means closing it
down over a period of time, over the protests of those
do not want it to close.
The difficulty, as you can well imagine, is that
sometimes this phasing out takes a long period of time, and
sometimes, as it is taking a long period of time, they change
their minds and the installation remains open. This does
provide one of our most difficult problem areas, because if
you go to the Congress and ask them to appropriate money for
an expensive waste treatment installation which may
several years to plan and construct, the notion is that by
the time you get it planned and constructed, if we give you
the money, the base will be closed. So they ask, f,What is
the point in doing this?" And then everyone accedes to that
view, but in four or five years you come back and you find
the base is still in operation.
1 think the only way you can arrive at an answer
to that is for the people of the locality and the State and
the Federal Government, all who are interested in clean water,
follow these things very, very closely, because, despite
what you may think, same of these installations do close,
and I think the Judgment is correct that it would have been
probably a waste of money to put in the waste treatment
facilities.
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113
H. E. BilodMu
Againt to various pressures, same of then do
not close. I piess the kind of judgment you make as to which
are going to close and which are not going to close is a very
specialised one and subjective one.
Again, I ask you in the area to try to look at this
as objectively as possible. We recognise that anyone in any
area is always pulling for the military installation in that
area not to close, but, as I say, seme of them do close.
This is one of our most vexing problems. We really
need the assistance of all groups to determine what is an
equitable way to handle it.
Thank you.
MR. ROGERS: Do your conferees want to ask any
questions?
MR. STEIN: Are there any comments or questions?
(There was no response.)
MR. ROGERS: Thank you, Mr. Bilodeau.
We have six other Federal agencies here, but none
of these wish to make statements. I would like for the con-
ferees to know who is here, if they would like to ask them
any questions.
The United States Department of Agriculture, repre-
icntsd by Mr. Alvin C. Watson, River Basin Representative.
Mr. Watson is back here.
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116
H. H. Rogers
Housing and Rom Finance Agency, by Mr. Vincent
Liberto* who it over here.
Corps of Engineers, New England Division, is repre-
sented by Mr. Edward L. Hill and Mr. Joseph L. Ignasio. They
are over at the side.
First Naval District, Mr. Earle S. King, who is
back here. He is Sanitary Engineer of the District Public
Works Office.
First Coast Guard District, Commander Harry E.
Haff, Jr. I believe the Commander was here earlier, and he
has left.
Area Redevelopment Administration, Mr. Thomas
Markham. Is Mr. Markham here?
(There was no response.)
MR. SOGERS: None of those have statements.
This concludes the Federal Government*s presents*
tion.
MR. STEIN: Thank you. Are there any comments or
questions on the Federal Government's presentation at this
time?
(There was no response.)
MR. STEIN: If not, we will now turn to the New
England Interstate Water Pollution Control Commission, Mr.
Joseph C. Knox.
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J. c. Knots
117
STATEMENT GIP JOSEPH C. 1CNQX, CONFEREE
AW> EXECUTIVE SECRETARY, NEW ENGLAND
INTERSTATE WATER POLLUTION CONTROL
COMMISSION
MR. KNOK: Mr. Chairman, it is now my pleasure to
present a statement on behalf of the New England Interstate
Water Pollution Control Commission. For purposes of the
record, I would like to have it stated that from New Hampshire
we have Commissioners John Palaasi, William A. Healy and
Walter C. White. From Massachusetts we have here today James
F. Bowdren and William J. Ferreira.
The New England Interstate Water Pollution Control
Compact is the legal instrument for cooperation between the
States in interstate water pollution control in a region
which is virtually a network of rivers crossing and recrossing
State lines. Approved by an Act of Congress in 1947 and
subsequently ratified by the New England States and New York
State, it provides the necessary mechanism for resolving
interstate water pollution problems.
The Company is administered by the New England
Interstate Water Pollution Control Comisslon which is cob-
poaed of five members from each signatory State. An important
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J. C. Kan
part of tha Omission organisation is it# Technical Advisory
Board composed of the directors of the State water pollution
control agencies. The Board carries out the technical phases
of the program and prepares recoonendations for Comtlssion
consideration and action.
Recognising the necessity of a balanced use of the
area's waters to meet the various degrees of water quality
required for the proper maintenance of the social and econoalc
well-being of the region, the Compact sets up a procedure for
classifying interstate waters according to highest use. This
classification system is based on accepted water quality
standards, and reconciles the conflict of water uses by the
assignment of use classifications which will best serve all
interests concerned.
Under the terms of the Company, each signatory
State agrees to prepare classifications of its interstate
waters according to present condition and proposed highest
use and to submit them to the Conmission for approval. After
approval by the Conmission, the States involved are pledged
under the terms of the Compact to establish programs of
treatment of sewage and industrial wastes to bring about the
Improvements required to meet the approved classification.
The Commission has no authority to issue orders for pollution
abatement. Such powers are retained by the individual States
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IIS
J. c. Knox
and used whan needed to enforce clarification requirements.
To coordinate and facilitate the preparation of
proposed interstate water classifications by the States,
subcommittees of the Technical Advisory Board have been es-
tablished by the Commission for each of the interstate river
basins and tidal areas. Each subcommittee is composed of
the Board members from the States included in the basin or
area. Coordinated sampling programs and sanitary and indus-
trial waste surveys are arranged by eaph subconmittee to
procure the necessary data for classification preparation.
The proposed classifications are discussed at public and
group meetings before being submitted to the Com&ission for
approval.
The Commission is represented here today pursuant
to a notice under date of September 23, 1963 from Anthony J.
Celebrezu, Secretary of Health, Education, and Welfare,
calling a conference relative to pollution of the waters in
the Merrimack River Valley in Mew Hampshire and Massachusetts,
as the first step in enforcement procedures under Section 8
of the Federal Hater Pollution Control Act. The notice
states that the conference is called on the basis of a
written request by Governor Peabody of Massachusetts and also
on the basis of reports, surveys and studies, which give
Secretary Celebrezze reason to believe that pollution is
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120
J. C. Kitox
endangering the health or welfare of person, in a State other
than the one in which the discharge or discharges originate.
The conference is to cover the interstate waters of the
Merrimack River, the Nashua River and their tributaries
(Massachusetts - New Hampshire) and the intrastate portions
of these rivers within the Commonwealth of Massachusetts.
The primary interest of the Conmission in these
proceedings relates to the interstate aspects of the pollu-
tion control problem in the Merrimack River Valley. The
Merrimack River has six interstate tributaries: Beaver Brook,
Spicket River, Little River and Powow River flowing from New
Hampshire into Massachusetts; and the Nashua River and Salmon
Brook, which flow from Massachusetts into New Hampshire.
The following information is from the files of the Conmission:
Beaver Brook - B classification at State line ap-
proved in 1957. Pollution abatement program completed in
New Hampshire.
Spicket River - B classification at State line ap-
proved in 1959. New Hampshire pollution abatement program
to be canpleted in 1964.
Little River - Scheduled for B classification
approval in 1965. Classification Subcommittee established
in 1959. There are no municipal or industrial sources of
pollution in New Hampshire.
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121
J. S. Knox
^W" River - Scheduled for B clAisificitlon ap>
prove1 in 1965. Classification Subcommittee established la
1959. There ere no municipal or industrlel sources of pollu**
tion Id New Hampshire.
Selmon Brook - B classification approved in 1955.
Sources of pollution abated.
Nashua River - Scheduled for classification ap-
proval in 1965. Classification Subcommittee established in
1959. Preclassification studies conducted by Massachusetts
and New Hampshire pollution control agencies in cooperation
with the Massachusetts mill officials and the National Council
for Stream Improvement (of the Pulp, Paper and Paperboard
Industries).
In 1959 a subcommittee to coordinate classification
studies on the main stem of the Merrimack River was estab-
lished. New Hampshire and Massachusetts have informally
agreed on a C classification at the State line. Massachusetts
will request classification approval in 1964 and New Hamp-
shire in 1971. This variance in dates of classification is
due to the relative magnitudes and costs of the needed treat*
ment facilities, anticipated allotments for Federal construc-
tion grants and their commitment to other drainage basins.
It is anticipated, however, that coopletion of the abatement
programs in both States will occur at approximately the same
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J. C. Knox
Cine.
Tb* States of Nov Hampshire cod Massachusetts have
effective water pollution control lams and agencies, dedicated
to an orderly and comprehensive Interstate progrma, carried
out within the framework of the Compact. Pollution control
1® the Merrimack Valley is not an interstate problem neces-
sitating enforcement action on the part of the Secretary of
Health, Education, and Welfare. New Hampshire and Massachu-
setts are in complete agreement relative to water quality
standards and the program for their attainment on the Nashua
and Merrimack Rivers at the State lines. And yet the entire
report of the Department of Health, Education, and Welfare
is an atteaqpt to prove that pollution occurring in one State
is endangering the health and welfare of persons in another,
as the basis for enforcement action against the upstream
State. The real problem concerns thf waters of the fn
stem of the Merrimack River within the confines of the Cconon-
wealth of Massachusetts - an intrastate pollution situation
which has existed for over half a century and which we can
only conclude was Governor Peabody* s reason for requesting
this conference today. The Massachusetts problem has been
studied and restudied, corrective action postponed and re-
postponed, just because of "plain old economics." It casts
money to construct municipal aewags works — we are talking
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123
«J. C« Knoai
$40 Billion for the coonunitles on the uId stem of the
Merrimack River in New Heap eh Ire mod $140 million for those
in Massachusetts. To aid communities in financing the con-
struction of sewage projects, Congress has provided grants-
in-aid. The programs of the States have been accelerated in
most instances by these grant*, as intended, but the funds
appropriated for the purpose are limited, making it necessary
for the States to exercise considerable discretion in their
allocation. This has resulted in the establishment of
priorities for such grants in order that the funds may be
expended in those river basins where the greatest good can
be accomplished in reclaiming waters for their most bene-
ficial use. In other words, there is not sufficient grant
noney being appropriated by Congress, and the States must
schedule their pollution abatement programs in accordance
with the funds provided. Thus it can be fairly stated that
the Federal Government, through its construction grants, is
Betting the pace of the "clean up" program, for experience
conclusively demonstrates that communities will not proceed
without the benefit of financial assistance, and we cannot
reasonably expect them to.
We certainly trust that this conference will not
lead to further studies and investigations. As the records
show, we have passed that phase of the program in the Mow
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124
J. C. Kook
England aru ind are now in the actual construction stag*.
Too of tan have we seen remedial action deferred for further
study — a favorite delaying tactic employed where large
expenditures are involved or as a political expedient.
This statement of the New England Interstate Water
Pollution Control Comnission can be summarised as follows:
1. We do not have an interstate pollution problem
requiring Federal enforcement action on either the Nashua
River or the Merrimack River.
2. There is an intrastate pollution problem of
long standing in the Merrimack Valley in Massachusetts. It
has serious financial complications.
3. Additional Federal financial assistance is
necessary if the Merrimack River pollution abatement programs
in New Hampshire and Massachusetts are to be accelerated to
any extent. Legislation for State aid, similar to that pro-
vided by New Hampshire, would help in Massachusetts.
4. Studies and investigations of the pollution
problem throughout the Merrimack River Basin have been con*
ducted. Construction of treatment facilities is dependent
upon the availability of financial aid.
5. Money is the critical need — not enforcesMnt.
Thank you very much.
MR. STEIN: Thank you, Mr. Knox. Are there any
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125
J. C. Knox.
coaeoti or questions?
m. ROGERS: Y«g. I hoy* on* question hero, Mr.
too*. You Motioned that the 8tate program is geared to
financial assistance from the Federal Government.
Just pointing out that the present lav for Federal
financial assistance ends on July 1st, 1966, if this is not
continued, does that mean that the abatement program would
stop in these two states?
MR. KNQK: That is something we cannot help, but I
think we have some idea that both New Hampshire and Massachu-
setts will present their programs and the relative costs
involved.
ME. ROGERS: That's all.
MR. STEIN: Are there any further questions?
(There was no response.)
MR. STEIN: Mr. Knox, I will say that I have never
heard of one intereta te pollution problem from you that the
Federal Government should sit in on.
MR. KNGK: That is the way we feel about it.
MR. STEIN: I know you do.
Now, you have some very Interesting contents. You
•ay it is not an interstate problem necessitating enforcement
action on the part of the Secretary of Health, Education, and
Welfare.
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126
•J • C. Knox
Thia la the third conference we have had in New
England, the Androscoggin, the Connecticut and thia one, and
in no caae was there an interatate pollution problem.
MR. KNOK: I think in every case, Mr. Chairman, if
I may, that we have demonstrated to you conclusively that we
have very fine programs for pollution abatement in operation
throughout the entire New England area.
As I personally look upon the Federal Water Pollu-
tion Control Act, it means to me that the Federal Governaent
is only to be called upon for enforcement action in caae a
State is unable or unwilling to make a connwnity or an indus-
try comply in the construction of needed pollution abatement
facilities.
MR. STEIN: Mr. Knox, you have said that many times
to our Secretary, Assistant Secretary and to Congress, but
the Federal Act does not reflect that, and the Secretary or,
at least, the Assistant Secretary has explained to you many
times what our Act says.
We do have an obligation, when the Secretary be-
lieves there is interstate pollution, to start enforcement
action.
I am Just looking at the map. The Merrimack River
and the Nashua aeem to be relatively close to Maaaachuaatta.
Here you are talking about $40,000,000 for comnunitiea on the
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127
J. C. Knox
main staa of the Merrimack aiver in New Kanpahlre to claan
^ **"1 somehow, MglcaUyf chit doesn't got down to
Massachusetts and it is not an interstate problem.
It hw passingly strange that $40,000,000 would
be required to correct pollution just in New Hampshire. Our
raport Indicates and it certainly doesn't state that all the
pollution la Interstate cosing from New Hampshire. For
example, on the bacterial load. 32 per cent Is discharged
from .New Hampshire. and 68 per cent in Massachusetts. I
guess there is enough credit for both sides.
MR. KNOX: The only thing I can say, and I think
you should bear this in mind when you are referring to the
pollution caning from New Hampshire into Massachusetts, is
that the City of Lowell, Massachusetts, has seen fit to
install a water treatment plant and take its domestic source
water right from the Merrimack River.
Further, in that same section which you are talking
•bout, how badly water has deteriorated, and so forth, the
City of Lowell has maintained for many, many years a public
bathing place in that section of the river.
I am not arguing the point whether or not the
Merrimack River is polluted. We know the Merrimack River is
polluted. What I am trying to bring out is that we do have
programs and we are working on this problem here, and we are
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128
J. C. Knox.
going to see that the rivers are cleaned up.
MR. STEIN: Yes. There la Just one more consent
that I have to make, and this is one that kind of puzzles me.
In Mr. Knox's statement, it says:
"The real problem concerns the waters of the main
stem of the Merrimack River within the confines of the Couaon-
wealth of Massachusetts — an intrastate pollution situation
which has existed for over half a century and which we can
only conclude was Governor Peabody's reason for requesting
this conference today."
Probably most of you are acquainted with Governor
Peabody. He is a distinguished citizen, a Harvard man, an
excellent football player, and a graduate of the Harvard
School of Law. in his letter to the Secretary, he said:
"It is further requested that the conference
include the tributaries of these rivers with refer-
ence to pollution affecting both the interstate
reaches of these waters and the intrastate, within
the State of Massachusetts."
Now, I don't know, after reading that, how we can
arrive at the conclusion that Governor Peabody was Just talk-
ing about the Intrastate reaches.
MR. KNOX: I think it was Governor Peabody's inten-
tion, and I think he was concerned that he had a problem here
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129
•J • C. Knox
within the confines of the Cammmmmlth, and I am talking
about the section in Massachusetts — Lowell, Lawrence,
Haverhill and the reat of the municipalities all the way
down.
Aa you probably know, I have been involved in this
water pollution control business for a good many years. I
have been actively engaged in all the investigations from
1923 on in connection with the Merrimack River pollution
problem, and I have always considered that there was a real
problem in the Massachusetts section of the river.
Later on, you are going to hear testimony from New
Hampshire on what New Hampshire's program is, what the City
of Nashua la doing, and so forth, and the programs thac have
been going on with Massachusetts in connection with our re-
view.
That la all I am trying to bring out, that we have
real problems here, and so forth. I do not want at this time
to get into any discussion of Governor Peabody. I just made
that remark because I know the Governor. I know that he is
vitally concerned with the Massachusetts section of the
Merrimack River and he wants to see that cleaned up. And,
after forty years, I personally want to see that cleaned up.
I have been spending the last few months, or maybe
die laat year, shall we say, and I have met with this special
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130
J . C • Knox
Commission up in the Merrimack River Valley, oh, every two
or three weeks, and discussed this thing.
MR. 8 IK IN: Mr. Knox, I think I know the Governor
too, and I know the Governor coass from the cradle of precise
English — from Emerson, Thoreau, Lowell — and English means
what he says it means, and when he says "interstate as well
as intrastate," I think the Governor is a precisionist as a
lawyer in the use of English, and I think I can understand
him.
MR. KNOX: My only comment with regard to that is
that subsequent to the writing of that letter, Governor Pea-
body wrote a letter to Secretary Celebrezze in which he asked
or requested that this conference be confined to the intra-
state portions of the Merrimack River within the Comaonwealth
of Massachusetts.
MR. STEIN: I didn't read the letter that way. That
letter said he would have no objection if it were so confined,
but he didn't ask that it be so confined. If you don't see a
difference --
MR. KNOX: I'm not trying to get into any argiaent
with you on this. I mean, I don't think it is important
enough. I have stated my case here today. I hare been asked
to give a statement. I have given it.
Those are my thoughts. Those are the opinions of
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131
J. C. Kbok
*y CooBlaalaa, and I think I hm given « very excellent pre-
sentation of <*Mt 1* going on In Mtii pollution control In
the New England area.
(Applause.)
MR. STEIN: I would agree too that he has given a
very excellent presentation, Just so it won't be considered
a self•serving statement.
Hay we go on to the next and call on New Hampshire?
Mr. Palazzi.
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J. Palazzi
132
STATEMENT OF JOHN PAIAZZI, CONFEREE,
AND CHAIRMAN, NEW HAMPSHIRE WATER
POLLUTION COMMISSION
MR. PALAZZI: Mr. Chairman, Conferees, Ladies and
Gentlemen:
My name is John Paiazzi. I am Chairman of the New
Hampshire Water Pollution Commission and I am taking this
opportunity to present a brief statement outlining the Coo-
mission's position with regard to pollution control in the
Merrimack-Nashua River Basins.
Although we do not concede that pollution arising
in New Hampshire endangers health or welfare in Massachusetts,
I can say that we fully agree that the Merrimack and many of
its tributaries are polluted. This, of course, has become
well recognized and understood by the public as a result of
the many studies and public pronouncements which have been
made concerning the condition of the stream over the years.
Perhaps we have been remiss to sane extent, however, because
not so much notice has been given to the fact that New Hamp-
shire communities have been doing something toward iaqproving
these waters in recent years.
A short time ago, for instance, the City of Nashua
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133
J. Palaesi
finished a central treatment plant to relieve pollution of
the river, and is now busily engaged in a program of inter-
ceptor sewers to serve various areas within the cosnainity.
It is also in the process of constructing a lagoon disposal
system to iaprove the Nashua River. Up to this time the
city has invested approximately $2,500,000 and has given
evidence of being willing to continue these efforts to abate
pollution. Earlier, in 1957, the Town of Derry spent
$1|300,000 for a system of Interceptor sewers and lagoon
facilities so as to eliminate pollution of Beaver Brook, an
interstate tributary to the Merrimack, which flows across
the state line at Dracut, Massachusetts. Right at this
moment the Town of Salem is engaged in the first of three
projects ultimately costing about $3,500,000 in order to
clean up the Spicket River, also an interstate tributary,
which leaves New Hampshire above Methuen, Massachusetts.
Others which have constructed disposal plants include the
Town of Goffstown along the Piscataquog River, a tributary
to the Merrimack at Manchester, and Hillsborough County
which is now operating a treatment works to serve the county
buildings and hospital situated in Grasmere along the Pis-
cataquog River. Several of the remaining municipalities up
and down the Merrimack are proceeding with engineering in-
vestigations of their pollution control requirements. Among
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134
J* Palassi
these can be mentioned the cities of Manchester, Concord,
Franklin, and the towns of Alienstown, Hooksett, Merrimack
and Pembroke. The Town of Hudson has authorized a study and
Milford is very likely to proceed in 1964. The only other
community within the New Hampshire portion of the watershed
included in the Federal report (dated February 1964) is the
Town of Wilton, and we do not anticipate any difficulty in
persuading its officials to proceed with a planning project
at an appropriate date. Laconia and Meredith have spent
Billions of dollars to clean up their waters which flow into
the Merrimack.
From the foregoing, 1 think it is fair to say that
a substantial amount of progress ie taking place, especially
in the lower sections of the basin, which is naturally of
greater significance to the State of Massachusetts in so far
as water quality is concerned.
Turning to the subject of stream classifications in
the Merrimack Valley and the construction schedule required
to meet the control program, I will mention for the record
that the CooBisslon intends to proceed with classification
of all remaining unclassified tributaries by 1969, and will
submit classification recommendations to the Legislature for
the main atreaa in 1971.
Basically, there are two reasons why this timing
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J. Palaul
arrangement vaa adopted by the Conlssion. First, you will
recall that we are committed to a classification program for
the Androscoggin River tributaries in 1965 and in the main
stream in 1967. Thus, a considerable amount of sta££ acti-
vities will be directed to this area for the next few years.
Secondly, and probably the more important factor, is the
availability of grant funds. For the next few years most
of our Federal and State financial assistance will have to
be channelled to communities in the seacoast area, such as
Portsmouth, Dover, Rochester, Somersworth, Exeter, et cetera,
in order to complete the program jointly undertaken in 1961
by the States of Maine and New Hampshire through the New
England Interstate Water Pollution Control Conniesion to
improve the waters of the Piscataqua - Great Bay Region.
Immediately thereafter, financial assistance will have to be
extended to New Hampshire municipalities in the Androscoggin
River Basin. With these obligations facing the State, it is
quite apparent that little or no grant money can be diverted
to the Merrimack River comuunities any time earlier than
1971. Accordingly, it is logical to schedule the stream for
classification on or about that date.
With regard to the construction schedule which
might be feasible in the New Hampshire section of the Merri-
mack River and its tributaries, we cannot predict with any
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J• Palassi
degree of precision which sections of the stream will be la-
proved in the initial stages and those which will follow
later. This will depend largely on the cost of the various
projects required as compared to grant funds available and
the financial ability of particular municipalities to proceed
at a specified time. In any event, present infozmation indi-
cates that the overall cost for pollution control in this
watershed will approach the sum of $40,000,000. On this
basis, since communities have been conditioned to receiving
their full share of Federal and State assistance -- and, by
the way, in New Hampshire, the communities are now getting
30 per cent as assistance — we believe it reasonable to
project a minimum period of twelve years as being needed in
order to conplete the classification compliance program.
As to the mechanics for arriving at this objective,
I would point out that once classification has been enacted
by the Legislature, it then becomes mandatory for Cost-
mission to issue orders to the municipalities and industries
affected requiring appropriate measures on cheir part to
comply. We have at our disposal the matter of tine, and
for several years it has been Coonission policy to issue all
orders on the basis of a two-year compliance period. If at
the end of the two years adequate progress is being made,
the Commission for good cause shown has been willing to extend
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J. PalasEl
additional time. it is in this very manner that we would pro-
pose to pursue a compliance program for the Merrimack and its
tributaries.
Admittedly, the twelve-year construction period
mentioned earlier, together with the 1971 classification date,
means several years will elapse before the desired end results
will be obtained. However, there can be no other choice un-
less the Federal Government somehow expands its grant program
so as to speed up the overall abatement effort. In New
Hampshire, we are geared to do whatever the Federal Govern-
ment does by way of financial assistance, and State funds
will have to be increased proportionately in accordance with
whatever the Congress might decide to do in this area.
Personally, Mr. Chairman, I would like nothing
better than to be able to press a button and see the pollu-
tion situation cleaned up immediately, but this we know is
an impossibility. Our cities, towns, and industries, are
all faced with heavy financial obligations, and we must use
all reasonable means at our disposal to aid them in solving
their pollution problems. As stated before, the key to
solving the pollution problem is money, and we might as well
face the fact that the speed of the abatement program can
be no greater than the present rate unless additional funds
are appropriated.
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J. PtUsai
I would like Co conclude by saying that the Hm
Hampshire Commission Is working closely with counterpart
officials in the Comsonwealth of Massachusetts and the New
England Interstate Water Pollution Control Consulssion In
developing coordinated plans for an adequate pollution con-
trol program in this watershed.
Further, I want to assure you of our sincere In-
tention of taking all steps possible to reach the desired
objective of cleaner waters in the Merrimack - Nashua River
Basins. There is every indication that State and Interstate
agencies responsible are capable of solving the pollution
problem affecting the Merrimack and Nashua Rivers. In our
opinion, these agencies are capable of carrying out the
control plan without any need for the Federal Goverranent
attempting to exercise any jurisdiction in this natter beyond
continued financial and technical assistance.
MR. STEIN: Thank you, Mr. Palazzi, for a very
comprehensive, concise and clear statement of New Hampshire's
position.
Do we have any consents or questions?
MR. ROGERS: I have one. Mr. Palazsi, on this time
schedule, you are talking about 1971 on classification, and
then twelve years from then for construction. This means
completion of construction about 1983?
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J. Palaxsi
MR. BMAZZI: That1# right. It would be twelve
years.
MR. ROGERS: From the classification?
MR. PA1AZZI: Yes. With our programs in the
Androscoggin and the Piscataqua, we see no other alternative.
MR. STEIN: I Just have a couple of inforaation
questions.
You say you have a 30 per cent grant. What would
happen if the Federal Government increased its grant? Could
you increase your grant and put money in from the State to
match?
MR. PALAZZI: If the Federal Government increases
their total volume -- you mean to each community?
MR. STEIN: No.
MR. PALAZZI: We could not increase up to 40 per
cent.
MR. STEIN: No, I am not suggesting that. Supposing
the total amount available were put in and more communities
could get grants, would New Hampshire keep pace and match
all of them?
MR. PALAZZI: I am sure they eould. I ma sure they
would. We have discussed this with Governor King of New
Hampshire, and he assures us he will do everything in his
power to meet these.
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J. Palaszi
MR. STEIN: Do you have any areas eligible in Mew
Hampshire for the accelerated works program?
MR. HEALY: Have wi any — —
MR. STEIN: Have you any areas?
MR. HEALY: We have three counties in New Hampshire
eligible for Federal Government assistance.
MR. STEIN: Supposing they get a 50 per cent Federal
grant or more, do they get a State grant in addition?
MR. HEALY: Yes.
MR. STEIN: How much is the State grant?
MR. HEALY: 30 per cent.
MR. STEIN: You don't have any 75 per cent coamuni*
ties in New Hampshire?
MR. HEALY: No.
MR. STEIN: I didn't think so. Thank you.
MR. CARNEY: Mr. Chairman, pardon me, please.
I must leave for an important conference in Lowell,
and I would like to say a word.
MR. STEIN: Are you from Massachusetts?
MR. CARNEY: I am a City Councilor from Lowell. I
must leave for an important meeting at four o'clock, and this
is the time to it.
MR. STEIN: All right. Just one moment, sir. Have
you completed?
-------
J. F. CarDay
MR. HEALY: No, ve are not.
MR. TAYLOR: If he Just wants to say he is in favour
of something --
MR. CARNEY: I will only speak a moment. I won*t
read eight or nine pages.
MR. STEIN: Mr. Taylor has Indicated that if it is
a short recitation, all right.
MR. CARNEY: A couple of minutes.
MR. STEIN: All right.
STATEMENT OF JOHN F. CARNEY, CITY
COUNCILOR, LOWELL, MASSACHUSETTS
MR. CARNEY: I will speak from where I am. I am
John F. Carney, City Councilor, City of Lowell.
Gentlemen, I have been very much Impressed with
all the data and statistics, and no one would be any happier
than I if he could clean up the Merrimack River, but I want
to state Lowell's position.
I am going out on an important council meeting.
We are fighting a $94 tax rate. It is liable to go up to
$100.
Now, at the meeting in Lowell, Mr. Taylor said that
our shave of this would be $30,000,000. The only way Lowell
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J. F. Carney
can tackle a proposition of this kind is similar to the urban
renewal now going on in Lowell, a $7,000,000 project. The
Federal Government supplies 75 per cent, the State one-eighth,
and the City of Lowell one-eighth. This is the only way we
can tackle $30,000,000 propositions.
Now, as one of the gentlemen stated, we have a
municipal park house, and as a kid I swan there across the
river every day. I am 56 years old. I don't know whether
the bacteria killed me, or I killed the bacteria, but I'm
pretty healthy today.
Now, no one would be any happier than I, as I say,
if you can clean up the Merrimack. We are now drinking water
out of it.
The sane Mr. Taylor recommended that it was a
source of water supply. Now he is telling me how dirty it
is. 1 am still quite unconvinced that our own well water
wasn't the best system, but, nevertheless, gentlemen, as I
said, I have got to go to an important city council meeting.
I was here from 9:30. 1 didn't want to go without having
a chance to represent myself.
Our City Solicitor, a very capable representative,
Cornelius Flnnegan, will speak later.
Thank you for your kind attention. Thank you, Mr.
Chairman, for your courtesy.
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J. F. CarDcy
MR. STEIN: Thank you, sir, for your statement.
As far as I know, Mr. Taylor hasn't said anything about the
river yet.
MR. CARNEY: Listen, I'm for it if the Federal
Government can come up with 75 per cent of the money. Other-
wise, Lowell's end of $30,000,000 is — well, it's one of
those dreams like a fantasy.
MR. STEIN: May we have the spelling of your naae
for the record, sir?
MR. CARNEY: John F. C-a-r-n-e-y, City Councilor,
Lowell, Massachusetts. Also an ex-football player.
MR. STEIN: Mr. Palazzi?
MR. PALAZZI: Yes, sir.
MR. STEIN: Do you have any more statements from
New Hampshire?
MR. PALAZZI: Mr. White, would you like to add any-
thing for New Hampshire?
MR. WHITE: No.
MR. STEIN: Would you fully identify Mr. White for
the record, please?
MR. PALAZZI: Mr. Walter White is one of our Cfloais*
8loner8 from New Hampshire.
MR. STEIN: Mr. Healy?
MR. HEALY: I have no fonaal statement to make,
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M. J. Vagge
Mr. Chairman, but we do have Mayor Vagge, Mayor of the City
of Nashua, present, and he wishes to make a stateawnt
have agreed to It. He also Is accompanied by Mr. Joel
Hill, City Engineer. I don't know whether Mr. Hill Intends
to sake a statement, but we would like to have Mayor Vagge
speak at this tine.
STATEMENT OF HON. MARIO J. VAGGE,
MAYOR, CITY OF NASHUA, MEW HAMPSHIRE
MAYOR VAGGE: My name Is Mario J. Vagge, Mayor of
Nashua, New Hampshire.
Mr. Chairman, Conferees:
First, may I say that this Is Boy Scout week, and
we have a man that takes over as Mayor for the day and also
as Engineer for the day. I would like to have them stand
and take a bow.
(Applause.)
Bach year in our city, we dp that, and these fellows
take over. Of course, because of the fact that we couldn*t
be in Nashua today, I thought they would come down here and
get a pretty good experience. They will have to make a com-
plete report tonight to the young businessmen, so they've
got a chore on their hands.
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M. J. Vagge
#I have been listening to all this pollution sltua-
tlon her*, and I will say this to you: I think the Federal
Government should listen when we say we need assistance.
Nashua is a coosunlty of 40,000 population, and 1 doubt if
there is another coon&unity in the whole of New England that
is growing as fast as Nashua. We are building on the average
of 400 new hones a year. We also have new industry that is
coming into Nashua.
We realize that it taxes the Nashua River, and
also the Merrimack River and Salmon Brook. We were asked
some time ago to clean out Salmon Brook, and we finished
that. We have spent about $3,000,000 so far. Before we get
through, we are going to have to spend another $5,000,000.
We have done more than we should have done. In
one area, in the Nashua Northwest Area, there were about
700 homes built which were dumping into the Nashua River.
We have piped all of that and gone into a large lagoon, about
a 14-acre lagoon.
Also, realising the pollution of water, we are
blessed in Nashua with a great water system, great watershed,
aome of the finest drinking water in the country. We don't
need drinking water. We have an abundance of it. But,
realizing that down below the people are drinking the Merri-
mack River, and realising that if we didn't do something
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M. J• Vaggo
•bout it, it would make conditions worse, and also realising
we had a high water table at one section of our city, that
if it want into septic tanks it would pollute our water sys~
tea, we spent a Billion dollars Just to iMfcf sure that the
water would be clean and kept clean*
Now, this very dunping gives us 30 per cent, and
the State gives us 30. I want to say this: The State has
cooperated 100 per cent with the City of Nashua, and they
are ready and willing to go further if we have more Federal
money.
We have done about one third of what is to be done
in the City of Nashua. We are way ahead of our schedule.
Our preliminary plan is completed, and It was completed about
years ago. Camp, Dresser & McKee have been doing our
engineering for us, and they have done a tremendous Job*
We have borrowed money to do this work. We have borrowed
money, and actually our taxpayers are paying it.
But l*t me say this to you: If you want any city
official t you oust realise that pollution is the easiest thing
in the world to sell to your people when they realise you
are doing sonething for them to keep the country clean.
Now, 1 have had no difficulty with my aldermen.
I have no difficulty with the people of Nashua, but we do
want to go to the Federal Government and say, "Give us more
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M. J. Vagge
money." i would do this job tomorrow. I would complete the
Job If va had more Federal assistance.
Nashua is ready and willing to spend its share to
keep the Nashua River and the Merrimack River clean. We have
cleaned out Salaon Brook, and that is one of the greatest
recreational areas of the City of Nashua. We are going to
have there a quarter of a mile of beach right near the center
of town, and the only way you can do that is de-pollute, but
the Federal Government has to come forward with more money,
and if you can't do it, no matter what the State does, even
if the State says, "You are going to be fined if you don't
do it, we are going to be without a system.
I feel this way. The Federal Government spends
millions of dollars on highways. We can get from one place
to another. I want our rivers clean, our water clean, and
it has got to be clean.
We built a treatment plant anticipating an influx
in population. We built it so it will take care of at least
« 75,000 population community with the addition of new
machinery and a few settling tanks. We didn't have to build
one that large, but realizing that this is going to be sooner
or later, it was the cheapest thing for us to do.
As soon as the Federal Government realises that
this is an iiqportant thing, the most important part of our
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M. J. Vagge
community or of life, good clun healthy «it«r, m vlll be
a good cImd healthy country, and you fallows know that, and
the Federal Goverraaent should know it, and the State of Massa-
chusetts at least should help these cosnunities, but that is
their problem.
problem in New Hampshire •- I want more money
from the Federal Government, and if we don*t get it, ladies
and gentlemen, we are just going to be in very bad shape.
Now, we know all these things, and that is why I
am down here today, because I knew that this was a very im-
portant meeting. We have other meetings to go to too. I
have been here since 9:30, and so have the rest of these boys,
but it is important, and I hope you Federal men will realise
w #r® talking about. I hope you Federal men realise
we need assistance. I hope you bring this message back to
the powers that be, that we need more money, because if we
don11 get it, we Just can't continue on.
Thank you very much.
MR. STEIN: Thank you, Mayor. Are there any com™-
ments or questions?
LaCAVA: I would like to ask one question.
Mr. Mayor, wasn't this project that your city had done moatly
on a voluntary basis?
MAYOR VAGGE: Yes, it waa. The only time we arrived
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149
M. J. VAggi
at soBMthing wis In the Silnoc Brook area, whathcr it ms
classified, but you gave ue plenty of tiiae to do it. But I
thought, at a Mayor, I owed It to ay community to get this
job done, and I know that the engineering and the cost of
the work we had done two years ago» if we had to do it today,
would cost at least $200,000 more, so I think it is a great
thing. And I will say that if it is four and a half Billion
right now, ten years from now it would cost you eight million
dollars.
MR. LaCAVA: It's good business.
MAYOR VAGGE: I have gone over to the Nashua River.
That is the worst. If you ladles and gentlemen came through
Nashua in the dry spell, I'm going to tell you you will never
come through Nashua again.
Right by the Main Street Bridge, there are hundreds
and hundreds of dead fish up on the banks, and the river is
so black I don't know that you can drown in it. I'm not
fooling. I don't know that you can sink in it.
We have taken it and de-polluted part of the river,
which maybe we shouldn't have done, but we did it to get a
head start on it. But the Nashua River that comes into
Nashua itself is an awful thing. I know people call ms on
hot nights and want to know what we are going to do about
it. They think that something should be done overnight. But
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ISO
M. J. Vaggo
the Government should do some thing about helping clean it
out.
With the Nashua RiverB you go up to any health
office you want, and it is amasing that we haven't had some
epidemic in the City of Nashua. It is amazing. We have a
terrific Health Department, and that*s all they do — any
time we find anything happening, they immediately go to the
source. You will find these kids jumping into the Nashua
Elver in the woods, and it so happens, with skin disease
and all that, we attribute that to the Nashua River, and
something should be done about it.
MR. STEIN: Mr. Rogers?
MH. ROGERS: Where do you say that pollution cones
from, Mayor?
MAYOR VAGGE: Somewhere in Massachusetts. I think
it is in Fltchburg, or up through there.
MR. ROGERS: In your opinion, this is a health
hazard?
MAYOR VAGGE: Absolutely.
MR. ROGERS: Thank you.
MR. STEIN: I would like to make a consent here
off the record.
(Discussion off the record.)
MR. 8TKIN: On the record*
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151
M. J. Vagge
MR. HSALY: The Scute of Now Hampshire has lndlc«t«d
chore is a need for more money, and we have node that as an
official statement.
MAYOR VAGGE: That's right.
MR. HEALY: Feeling that that was much more oeces~
sary than extended powers for enforcement on the Federal
level.
MAYOR VAGGE: The State of New Hampshire, as I say,
and also the Mayors' association, the Conference of Mayors,
they speak for me, rather than my going to Washington and
speak on the thing, but we need more help anyway, regardless
of how you figure it out.
MR. STEIH: By the way, I understand that the
Senate Committee on Public works, Senator Muskie, that handles
this basic legislation, will be holding hearings on water
pollution matters as well as air pollution, but specifically
on water pollution matters, somewhere in New England.
MR. TAYLOR: Portland, Maine.
MR. STEIN: Portland is where I expect it would be.
The hearings will be held sometime this spring, and if these
are the problems in New England, while you may not want to
come to Washington, I think this is the proper forua to go
to.
MAYOR VAGGE: It la going to help, aa you say, and
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W. H. Taylor
If I h*vo CO ge to Washington, I win b« v.ry happy to gs
there.
MR. STEIN: By che way, Mayor, thank you for a very
good statement.
Mr. Palazzi?
MR. PALAZZI: That completes the New Hampshire
story.
MR. STEIN: Thank you, sir.
At this point, we would like to call on Mr. Vorthen
Taylor of Massachusetts. Mr. Taylor.
STATEMENT OF WORTHEN H. TAYLOR, CONFEREE
AND DIRECTOR AND CHIEF ENGINEER, DIVISION
OF SANITARY ENGINEERING, MASSACHUSETTS
DEPARTMENT OF PUBLIC HEALTH
MR. TAYLOR: Mr. Chairman, Members of the Confer*
ence:
Under date of September 23, 1963, Mr. Anthony J.
Celebrezse, Secretary, Health, Education, and Welfare, called
a conference on the matter of water pollution on the Merri-
mack River and its tributaries in New Hampshire and Massa-
chusetts to be held under the provisions of the Federal Water
Pollution Control Act (33 USC 466 et. eeq.), otherwise known
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153
W. H. Taylor
as Public Law 660 of the 84th Congress, as aaandtd. Notice
of tha confaranea refers to tha Merrimack River and all of
its tributaries in the States of New Hampshire and Massachu-
setts. However, very properly, only those portions of the
Merrimack River and its tributaries in New Hampshire as af-
fect the water quality have been considered in the U. S.
Public Health Service report relative to this matter. In
Massachusetts, all of the waters of the Merrimack River Valley
are under consideration. The report of the U. S. Public
Health Service was prepared very largely from data supplied
by the State of New Hampshire and the Commonwealth of Massa-
chusetts. In a very general sense, the report is factual
but the Department of Public Health, as the water pollution
control agency of the Commonwealth of Massachusetts, does
not fully agree with its conclusions.
It is my understanding that this conference must
give consideration in three areas*
a. Occurrences of pollution of Interstate and
navigable waters subject to abatement under the provisions
of Public Law 660.
b. Adequacy of measures being taken towards the
abatement of pollution.
c. Nature of delays, if any, being encountered in
•bating the pollution.
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134
W. H. Taylor
Msrrimack KIvav was dtvtlopsd tt a vtry early
date for industrial purposes. Industries were constructed
In the bed of the stream in order to take advantage of direct
water power, looms, washers and other machinery were actuated
by belts or cog wheels transmitting power directly from the
stream. Water was taken from the stream for industrial pur-
poses and wastes were discharged directly back to the stream
as a ready means of disposal. Since no treatment was afforded
the wastes, there was no reason to provide separation of
sewage from industrial wastes or of grossly polluted wastes
from relatively clean rinse waters. All wastes, despite
their source and degree of pollution were discharged into
numeroua cannon drains discharging directly to the river.
The Massachusetts Legislature recognized the Merrimack River
as an industrial stream and exempted it from pollution abate-
ment programs. It was not until 1945 that the Consonwealth
adopted a comprehensive water pollution control law giving
to the Department of Public Health a directive to promulgate
rules and regulations to prevent the pollution and contamina-
tion of the waters of the Commonwealth, including the Merri-
mack. This authority continues to prevail and is the only
authority currently vested In the Department to control or
abate pollution in this stream.
A« stated in the report of the U. S. Public Health
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133
W. H. Taylor
Service, sowaga and industrial wastes continue to be dis-
charged to the Merrimack River and ita tributaries. However,
swage treatment facilities have be«n provided by municipali-
ties, industries, institutions and individuals to prevent the
pollution of certain of the tributaries of the Merrimack
River in Massachusetts, but no conmunity has provided sewage
treatment facilities to prevent the pollution of the
stem of the river. Presently, the City of Newburyport is
constructing such works and operation is scheduled for June
or July of this year. Many industries have provided works
to abate pollution of the tributary streams, but in only
one instance has an industry provided facilities for the
treatment of its sewage and industrial wastes discharged
to the main stem.
The Department of Public Health has adopted a
policy of encouraging industries to discharge both sewage
and industrial wastes to municipal sewerage systems. Thus,
in many instances, the responsibility for the abatement of
pollution rests with the municipality rather than the in-
dustry. Industries have been encouraged to reduce pollution
loads by good housekeeping, recirculation of process water
when applicable, substitution of process chemicals for low
BOD in instances where they may replace process chemicals
of high BOD, and the use of chemicals or processes to increase
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156
W. H. Taylor
the utilisation of certain process chemicals. Whenever these
measures haw failed to produce a satisfactory efflusnt, the
Department has encouraged the construction of waste treatment
facilities. It should also be pointed out that the so-ealled
wet process industries which formerly provided the backbone
of the ficonmy of the area have been replaced to a large ear-
tent by machine tool, electronic and other industries having
very limited volunes of liquid wastes. Since a study con-
ducted by the Department in 1946, the organic industrial
waste load to the Merrimack River has been reduced approxi-
mately 70 per cent as a result of this change in the industrial
economy.
The pollution of the Merrimack River at the present
time is both from industrial wastes and domestic sewage.
From all of this, we must conclude that the Merrimack River
is a highly polluted stream and that a program of pollution
abatement is most desirable. Furthermore, it may be con-
cluded that the measures which have been taken to abate
pollution of these waters have not been adequate to provide
a safe clean and esthetically acceptable water. However,
the Department of Public Health is strongly of the opinion
that pollution arising in Massachusetts is not endangering
the health and welfare of the residents of New Hampshire,
nor pollution arising in New Hampshire endangering the
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157
W. H. Taylor
health or welfare of the residents of Massachusetts.
Neither the Merrimack nor the Nashua Rivers has
been classified. Recent studies of these streams have pro-
vided data on present water quality and workable programs
to abate pollution and attain a water quality suitable for
future uses. These reports are the "Report of the Department
of Public Health Relative to the Preparation of Plans and
Maps for the Disposal of Sewage in the Merrimack River
Valley" dated December 4, 1963, including the report of its
Consulting Engineers, titled "Commonwealth of Massachusetts,
Department of Public Health, Report on Pollution Control of
the Merrimack River, December 1963" by Camp, Dresser and
McKee, and the "Final Report, Nashua River Survey" by The
National Council for Stream Improvement (of the Pulp, Paper
and Paperboard Industries), Inc., dated January 15. 1964,
copies of which have been made available to all Conferees.
The sewerage systems of the cities of Haverhill,
Lawrence, and Lowell are on the combined plan, and it does
not appear to be practicable to provide for the separation
of domestic sewage from storm water in all instances. Thus
it will be necessary to provide for the treatment of domes-
tic sewage and the combined overflows in separate systems
in each of these communities. The overall plan of pollution
abatement along the main stem of the river system is to
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W. H. Taylor
provide primary treatment with chlorlnatlon or its equivalent
for the cities and towns in the harbor area, including the
city of Newburyport, town of Salisbury, town of Amesbury, and
the town of Merrimac. It is proposed also to provide primary
treatment with chlorination for the city of Haverhill and
for the town of Groveland (if and when a public sewerage
system is provided for that community). The effluents of
these plants will discharge into waters affected by the tides.
Above Haverhill it is proposed to provide pollution abatement
facilities to serve jointly the city of Lawrence and the
towns of Andover, Methuen and North Andover. This plant
would be of the extended aeration type with chlorination of
the effluent. In the Lowell area, little financial benefit
would be derived from the construction of regional facilities.
It is not practical to decide at this time as to which if
any communities would provide Joint facilities as against
individual facilities. However, secondary treatment with
chlorination will be required for the city of Lowell and the
towns of Dracut, Billerica, and Chelmsford. Secondary fa-
cilities will also be required for the towns of Tewksbury,
Tyngsborough, and Westford whenever public sewerage systems
are provided. For the cities of Haverhill, Lawrence, and
Lowell, it ia proposed to provide for the chlorination of
the effluents from the combined sewers at a later date*
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159
W. H. Taylor
The first phase of the sbatOMnt ptogrra would not Include
treatment of combined sever overflows during storms.
Along the main 8ten of the Merrimack River, in-
dustries will be required to discharge their sewage and
industrial wastes to the municipal sewerage systems or pro**
vide treatment of the wastes. Wherever possible, industries
will be encouraged to utilize the municipal system wherever
this may be accomplished without injury to the sewers or
treatment facilities.
The Nashua River receives lairge volumes of both
domestic sewage and industrial wastes. Sewage treatment
plants have been provided for the cities of Fitchburg and
Leominster and the towns of Clinton and Ayer. These sewage
treatment facilities are operating efficiently with the
exception of that of the city of Leominster which is grossly
overloaded. Construction is under way to provide additional
facilities which will be of adequate capacity for that city.
Domestic sewage from a portion of the town of Lancaster is
discharged to the river. Engineering studies have been
completed recently, and sewage treatment facilities will be
required to serve that community. Engineering studies have
also been co^leted for the town of Ashburnham. It will be
necessary also to require a study for the town of Westminster.
Engineering studies are under way relative to pollution from
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W. H. Taylor
the town of Sterling. There ere several sewage treatment
facilities serving schools and other public facilities in
the area, all of which appear generally to be adequate. It
should be noted that the military installation, Fort Devens,
is provided with a sewerage system, sewage from which is
discharged to a sewage treatment plant and the effluent to
the ground. In the overall program it will be necessary to
provide for the removal of settleable solids from all indus-
tries and to provide chlorination of the effluents of all
municipal and institutional sewage treatment facilities.
There are currently under way studies relative to
low flow augmentation for the Nashua River. These studies
are being conducted by the Public Health Service for the
Corps of Engineers. These studies to date show conclusively
that low flow augmentation would be of great assistance in
increasing the dissolved oxygen content of the waters of
the river in the reach from Fltchburg to Clinton over and
above that which we may anticipate from the operation of the
facilities mentioned above.
arriving at a final conclusion as to th#
necessary works, it will be necessary to have available more
***** relative to this low flow augmentation program.
Within the Su-As-Co River Basin, which includes
the Sudbury, Assabet, and Concord River-Valleys, all tributary
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W. H. Taylor
to the Merrimack River, sewage treatment plants haw bees
provided for every municipality served by a public sewerage
system as well as schools and institutions in the valley.
At the present time the town of Shrewsbury has recently com-
pleted construction of a sewage treatment plant and plana
are in preparation for extensions of the public sewerage
system. Also it should be noted that the town of Billerica
has a small sewage treatment plant serving the North Biller-
ica District. Hcwevex; the town currently has in preparation
plans and specifications for a sewage treatment plant to
serve unsewered areas within the municipality itself. These
works will be of a secondary nature and will discharge to
the Concord River a short distance above its confluence with
the Merrimack River. Sewage treatment plants already have
been provided in the Su-As-Co River Valley for the towns
of Westhoroughf Marlborough, Hudson, Maynard, and Concord.
These plants were originally constructed in the 1890's and
early 1900's but have been rehabilitated during the past
few years. Sewage treatment plants of a secondary nature
were provided originally for the towns of Framingham and
Natlck; however, the effluents discharged to a small brook
tributary to the Sudbury River where the dilution was not
adequate to receive even well-treated effluents, thus making
it necessary to construct a trunk sewer to convey the sewage
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W. H. Taylor
of these comaities to the Metropolitan area where it I0
treated at the Nut Island Sewage Treatment Plant. Plans are
also in preparation for the tow of Ashland to provide severs
and to connect to the Metropolitan sewerage system through
the town of Fraraingham. Industrial waste treatment facilities
have been provided in the Su-As-Co River Basin, most of which
are adequate at the present time. It will be necessary to
provide industrial connections to the public sewerage system
within the town of Billerica when that system has been placed
in operation. Before making a final decision relative to
the ultimate disposal of the sewage and industrial waste
from the town of Billerica it will be necessary to make fur-
ther studies relative to low flow augmentation which may
result from the present construction of reservoirs under
the Small Watershed Act. Certain reservoirs are already in
construction, but delay is anticipated as there are not suf-
flcicnt funds at present to complete the program.
The Comoonwealth of Massachusetts has authorised
many studies relative to the pollution of the main stem «f
the Merrimack River. The only major delays which have been
encountered in the pollution abatement program on the Merri-
mack River have been on the main stem of the stream. The
lowell and Newburyport are in areas designated as
Area Rehabilitation Administration areas. However, all
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W. H. Taylor
canunitles in the Merrimack River Valley, with the excaption
of the towns of Merrimac and Westford, are eligible for
Accelerated Public Works grants.
Under the provisions of General Laws, Chapter III,
Section lb, the Department of Public Health, as the water
pollution control agency, cannot force municipalities to
proceed with pollution abatement programs unless they have
financial ability to provide such works. A determination
of this nature is made by the Director of the Division of
Accounts of che Department of Corporations and Taxation upon
request of the Department. Such requests only precede de-
cision to refer such cases to the Attorney General and
determinations are not made on an informal basis. Discuasions
have shown that certain of the cities and towns in the River
Valley are in financial distress, and it does not appear
probable that a pollution abatement program as recommended
by the Department of Public Health and its consulting en-
gineers, Camp, Dresser and McKee, can be undertaken in their
entirety at this time without substantial financial assis-
tance. The grants program under provisions of P. L. 660
does not provide sufficient funds for distribution within
the Commonwealth of Massachusetts to substantially assist in
the overall Merrimack River Pollution Abatement ProgrM.
Funds available to the Commonwealth with the present
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V. H. Taylor
$100,000,000 Federal appropriation amount to approximately
2.1 million dollars per year. It does not appear reasonable
to anticipate that all of these funds could be allocated to
the Merrimack River Valley program. One night reasonably
anticipate slightly over one million dollars per year from
this source could go into the Merrimack River program. The
Merrimack River program is now estimated to cost in the
first instance, that is the dry weather flow program, ninety-
four million dollars; and thus to obtain any substantial
assistance from the P. L. 660 program it will be necessary
to provide greater Federal appropriations. Whereas many
conmunities are receiving a full thirty per cent for con-
struction purposes, cities and towns on the Merrimack River
on an overall basis would not receive much, if anything,
more than one per cent wider the P. L. 660 grants prograa.
Furthermore, the restrictions on the distribution of such
funds are such that there could be no equal or equitable
distribution of funds between the communities in the river
valley.
The Consonwealth of Massachusetts does not provide
• grants-in-aid program to assist in the construction
eewage treatment facilities; however, this matter is
under study at the present time. There is before the Legis-
lature House Docuaent No. 435 which would provide grants up
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W. H. Teylor
to twenty per c«nt of construction coats. Funds are avail-
able fraa Housing and Home Finance Agency for public works
planning, and several communities have already taken advan-
tage of such, and others have or are about to make applica-
tion for such interest free loans. It is most difficult to
anticipate the amount of assistance that can be provided to
the coMBunities in the Merrimack River Valley with so many
unknown factors at this time.
The Department is of the opinion that the prograo
of pollution abatement in the harbor area, including Newbury-
port, Salisbury, and Amesbury, should proceed imnediately and
that chlorinatioo facilities should be included. It is
further of the opinion that pollution abatement programs in
the cities of Haverhill, Lawrence, and Lowell should proceed
immediately but at a scale commensurate with their reason-
able ability to finance such, and to this end studies are
currently under way to determine what works could provide a
substantial degree of abatement within their ability to
finance.
The Department therefore concludes that there are
currently unknown factors which make it impossible to arrive
at a complete and reasonably probably schedule of compliance
to a pollution abatement program at this time, and reccanends
that this conference be recessed. During the recess period,
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V#. H. Taylor
the OcpartMot of Public Health will prepare and present a
pollution aba tenant program and schedule of compliance. It
will also cooperate with the appropriate local, state, and
Federal agencies to provide the necessary financial and
technical data essential to the abatenent program. It will
expedite the program even ahead of the total program in
every instance where sufficient data are available to assure
an adequate and workable program.
MR. STEIN: Thank you, Mr, Taylor. Are there any
comments or questions?
MR. KNOX: No.
MR. STEIN: Mr. Rogers?
MR. ROGERS: 1 just want to clarify one point.
Doe8 Salisbury have primary treatment?
MR. TAYLOR: The town of Salisbury has a public
sewerage system that serves the beach area. This is owned
by a private corporation. There are primary treatment works
with chloric at ion to serve the beach area, although these
works are not adequate for the purposes of the town. The
rest of the town is not served by a public sewerage.
If you are talking about a proposal, there are two
proposals before the town at the present time. One is to
provide secondary treatment by way of lagoons, and the other
by way of primary treatment and chlorination. Which one will
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W. H. Taylor
be finally accepted, I do not know.
MR. ROGERS: On page 4, you mentioned the National
Council for Stream Improvement reports had been given to all
of the Conferees. It is my understanding --
MR. TAYLOR: I said it would be made available, I
believe the words were, and my instructions are that since
I have given my dissertation, you may have a copy.
MR. ROGERS: I just want to make it clear. The
Public Health Service has not received their copy.
MR. TAYLOR: But you may have it now.
MR. ROGERS: .All right. On Page 6, it is mentioned
that before you can reach a final conclusion on necessary
works regarding the Nashua River, you will need to have more
available data relative to this low flow augmentation prog-
ram.
I would like to point out that the Federal law
requires that adequate treatment be provided, and I don't
see that there is any question about any more data making
any difference in this particular instance. You are going
to have to have adequate treatment anyway before you can
provide for low flow augmentation as a non-reimbursable
item.
MR. TAYLOR: As a non-reimbursable item. You are
correct there.
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V. H. Taylor
MR. ROGERS: Yes.
MR. TAYLOR: But this could be Acconpliflhcd oo a
reimbursable basis as well as by a non-reimbursable basis.
MR. ROGERS: Yes. This is true, if it could be
provided.
MR. TAYLOR: That is correct.
MR. ROGERS: I have another point too. On the low
flow that is mentioned in connection with the Su-As-Co River
Basin, I would Just like to clarify for the record, this is
primarily a state financed project; it is a small watershed
project?
MR. TAYLOR: No. This is both Federal -- well, it
is a three-way participation, local communities, State and
Federal, and the deficiency in appropriation at the present
time is that on the part of the State, I believe.
However, the second low flow augmentation reservoir
that would be provided is a Corps of Engineers project, which
has currently been considered but has not been authorised by
Congress.
MR. ROGERS: For the record, I would like to point
out that under the Small Watershed Act, and I believe Mr.
Watson could clarify this, I don't believe you can provide
low flow augmentation as a non-reimbursable item.
I notice you have given quite a program on the
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W. H. Taylor
Nashua River co—wnltiea. Did I ml.. sonething a. to «bat
the program Is for the iodtietrles on the Nashua River for
pollution abatement?
MR. TAYLOR: You didn't miss Anything. I1® sure
of that.
MR. ROGERS: Could you clarify this?
MR. TAYLOR: We have discussed this matter with
all of the industries on the Nashua River, and they have all
provided a time schedule and a program of abatement.
I am not at present able to tell you that we are
satisfied with each and everyone of these, and we intend to
take then up individually with the industries before making
any public pronouncements as to their programs, and th®
adequacy of such.
In general, we are asking that the industries pro-
vide for the removal of settleable solids at this time, and,
in general, this is the agreement, the one they have agreed
upon. I am not sure I can always agree with them as to their
time schedule, but this is in the works at the present time.
I might 8ay for the record that the Industries on
the Nashua River have been most cooperative with the Depart-
ment in making surveys and preparing data for us as we have
asked for it, and I am sure will go forward with an adequate
abatement program.
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y. H. Taylor
MR. ROGERS: One final question. You mentioned
this one per cent as being available for the Merrimack con-
muni tie® in the way of Federal grants. Ib this a earning you
were going to do the whole program in one year?
MR. TAYLOR: This means yes •• I mean if we do it
in one program. Actually, we have about $1,000,000 to go
into this thing with $94,000,000. This is one reason why it
is quite probable that it will have to be scheduled over a
larger number of years than we would like, and also to show
you that these cities and towns will not get anywhere near
the normal assistance which might be anticipated.
MR. ROGERS: But if it were spread out over one
year, they will get more than one per cent?
MR. TAYLOR: Yes.
MR. STEIN: Are there any further questions or
coaments?
(There was no response.)
MR. STEIN: I Just have one question, and this is
for clarification.
In Mr. Pahren's statement, I was impressed by the
dismal litany of so-called attests to clean up the Merrimack
in 1908, and the report in 1909. Then again in 1913, the
State Board of Health wanted to make a report, and again it
was ordered to investigate the Merrimack River in 1923, with
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W. H. Taylor
the report being delivered in 1924. In 1928, the Department
of Health was again directed to investigate pollution and
nede its report in 1929. Then the Act of 1935 created the
Merrimack Valley Sewerage District, which didn't get any
money, and this was reestablished in 1938, and so forth.
Yet, in the statement that you have, you say: "The Massa-
chusetts Legislature recognised the Merrimack River as an
industrial stream and exempted it from pollution abatement
programs."
How does that fit?
MR. TAYLOR: There was no comprehensive water
pollution control law in Massachusetts until 1945. Prior
to that, the only legislation on the books that referred to
the Merrimack River stated specifically that it was exempted
from the Water Pollution Control Act.
MR. STEIN: Then what were all these activities
or these investigations through the years? This is an infor-
mation question. I don't understand it.
MR. TAYLOR: I think that I might be able to shed
* little light on this.
There was a fellow in Massachusetts way back in
1850 or so by the name of Lemuel Charter who wrote a sanitary
report on the conditions of Massachusetts, and, among other
things, he established or attempted to establish the
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W. H. Taylor
Massachusetts Department of Public Health. It was then the
State Board of Health. He proposed that the Legislature give
to the Board only authority to recoonend, and that the en-
forcement of all of his recommendations, other than the
persuasive ability of the Department, was to rest with the
Legislature itself.
MR. ROGERS: One further question, Mr. Chairman?
MR. STEIN: All right, Mr. Rogers.
MR. ROGERS: Just one point here. You mentioned
the organic industrial waste load reduction since 1946 as
being 70 per cent. How about the bacterial pollution? Has
there been any reduction since 1946 on bacterial pollution?
MR. TAYLOR: No. There has been a slight increase.
MR. STEIN: Are there any further comments or
questions?
(There was no response.)
MR. STEIN: If not, thank you, Mr. Taylor.
MR. TAYLOR: Mr. Chairman, I have received two
communications which I would like to put into the record
before calling on others from Massachusetts.
MR. STEIN: Yes.
MR. TAYLOR: The first was sent to me and it reads:
'*Uhlle recognising the magnitude of the problem
and the great expense involved, I believe every avenue
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W. H. Taylor
should ba studied for possible solution of this
problem of abating pollution in the Merrimack
River.
"Please record my interest in this matter,
and I would be most grateful for any information
you might forward to me, and any suggestions as
to haw I might be helpful."
This is signed by Million H. Bates, who is our
Congressman from -- I don't know what district it is, but
it includes all of Essex County.
MR. STEIN: Yes.
MR. TAYLOR: The second is addressed "To Whom it
May Concern," from the Office of the City Manager, City of
Haverhill, and it reads:
"The City of Haverhill wishes at this time to
be recorded in opposition to any plan that will
place the financial burden of an accelerated Merri-
mack River clean-up program on the taxpayers of the
cities and towns along the shores of the Merrimack
River.
"We are in a period of financial crisis, and
to saddle the home owners of our community with
this multi-million dollar project now would result
in staggering increases in our respective tax rates.
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W. H. Taylor
"Yours truly, James P. Ginty, Acting City Manager."
MR. STEIN: i have been taking instructions up here
from Mr. Palassi on New England town type of democracy, and
it is suggested that we ask for a show of hands for those
who want to take a ten-minute break and those who don't, to
see if we are going to push through. It may be debatable,
although Mr. Taylor probably can give us the information
as to whether we are going to be able to finish today or
not.
MR. TAYl&R: I would suggest that we finish today.
MR. STEIN: We will try to.
MR. TAYLOR: I would suggest that we do.
MR. STEIN: But may we have a show of hands? Will
those who want to take a break raise their hands?
Now, those who want to try to push on through
without a break?
Mr. Taylor, may we please continue?
MR. TAYLOR: I would like to introduce at this
time Senator William X. Wall, who is also Chairman of our
Joint Committee on Public Health of the Massachusetts State
Legislature. Senator Wall is from Lawrence.
Senator Wall.
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W. X. Wall
175
STATEMENT OF WILLIAM X. WALL, STATE
SENATOR, 5th ESSEX DISTRICT, MASSA-
CHUSETTS
SENATOR WALL: Chairman Stein, Members of this
Conference:
My name is William X. Wall, State Senator, 5th
Essex District, comprising the City of Lawrence and the Town
of Methuen, through which the Merrimack River flows. I am
Chairman of the Committee on Public Health and I am Chairman
of the Committee on Water Supply and Water Resources.
I appear here this afternoon to register my pro-
test against this unequalized expenditure of money that the
citizens of Greater Lawrence will have to pay if this sewage
project comes into being.
At the outset, I would like to bring to your atten-
tion the story of Lawrence's Operation Bootstrap. It is a
story of a fighting people by its energetic leaders of a
courageous city. It is the story of the hard grinding work,
of disappointments and setbacks of debates, arguments and
disagreements, of doubts and anxieties, then of more work
by volunteer, dedicated unpaid citizens and officials —
and, finally, success. It is a matter of historical fact
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W. X. Wall
that Laurence was a one-Indus try town. Lawrence mlllworkers
had the reputation of free spenders when they had money.
Lawrence has had its share of economic hardship. Lawrence
has made Important strides in revitalizing its economics.
Therefore, Mr. Chairman, Lawrence should not be overburdened
with projects initiated without the consent of its citizens
who are the ones who must pay the bills.
These evangelists for purification of the Merri-
mack River should realize the prohibitive cost entailed.
This truly is a matter for the Federal Government. It is
altogether too costly for the State. This expensive, ex-
travagant monstrosity has nothing on the legendary Jesse
James. This project is too costly for Greater Lawrence.
Today, Lawrence is enjoying a new economic face-
lifting. Having lost all her textile industries several
years ago, she has no diversified and is second to metro-
politan Boston.
About 50 year8 ago, the Massachusetts Legislature
appropriated one million dollars for the improvement of the
Merrimack River on the condition that the Federal Government
grant some money for the improving of this river. Although
detailed blueprints and extensive engineering investigations
were made, the project failed to materialise with regard to
the Merrimack River. Instead, the Connecticut River was
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177
W. X. Wall
developed ~ with the result that the cities and towns
bordering on the Connecticut River are now enjoying the
resulting benefits of the improvements of that river.
What better opportunity could there be for the
Federal Government to do something for the welfare of its
citizens? It is so concerned with the plight of the people
in countries outside of the United States — it is only fair
to submit that a little concern should be shown for those in
need of assistance here in our own country.
If dredging operations were carried on simultan-
eously at different sections of the Merrimack River, employ-
ment for thousands of people would be lamedlately available.
Making the Merrimack River navigable would, beyond a doubt,
help Lawrence develop its present industries and obtain new
ones. Quicker and cheaper transportation would be made
available — a factor which is often decisive when consider-
ing the operating expenses of a new Industry.
Massachusetts, as you all know, was originally
developed from the sea. It was never developed by railroads,
but from the water. Prior to the last flood in 1936, oil
and coal barges came up to Haverhill. With the neglect of
the navigable rivers, the leadership of Massachusetts
diminished both in the industrial field and in the shipping
industry.
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178
W. X. Wall
Here, now, la an excellent opportunity to help
Massachusetts ragaln its former enviable position as leader
in the manufacturing vorld as well as restore sane of 'the
lost shipping business to her.
Everyone is interested in bringing a stop to the
spiral of inflation dizzily speeding upwards. I wish to
offer just one example of how competition made available by
the dredging of the river would stop the spiral in this one
instance. We are all acquainted with the recent transporta-
tion problem to the commuters by the railroads and busses.
If a boat line were established between Lawrence and Boston,
is it too remote a result to expect that this could solve
the transportation problem?
I urge your body to consider most seriously a
favorable report in reference to the dredging of the Merri-
mack River, and thus once again restore this stream to its
former greatness). By so doing, the economic welfare of
these cities bordering this river, particularly Lawrence,
would b© tremendously improved.
Now, 1 don't like to be a guest of a host and
then knock the host down, but because of a situation here,
1 must proceed and beg the Indulgence of the Chairman and
the Conferees when I make this next quotation.
I would like to call your attention, and 1 have the
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179
W. X. Wall
exhibit right hare, to one of our largest newspapers in New
England, the Lawrence-Eagle Tribune, in which there appeared
under a Washington UP1 dateline on September 27, 1963,
statement made by Secretary Anthony Celebrezze of the Depart-
ment of Health, Education, and Welfare, in which he stated
that the Merrimack River was filthy. I show you this exhibit
for your perusal. In the same newspaper, on November 13,
1963, the same Commissioner Anthony Celebrezze disputed the
statement charged to him on the pollution of the Merrimack
River. This was a terrible statement, if it were true, as
it would discourage new industries settling in areas where
the Merrimack River flows.
In closing, I wish to present Exhibit No. 3 con-
cerning legislation which I filed calling upon the United
States Congress to enact legislation extending financial aid
to the Commonwealth of Massachusetts for purification of the
waters of the Merrimack River. The Massachusetts State
Senate adopted this resolution and it is now before the
United States Congress for their consideration.
Mr. Chairman, neither Lawrence nor Methuen has this
kind of money to be expended for a project such as this one
that is the obligation of the United States Federal Govern-
ment.
In conclusion, I might make this observation that
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W. X. Wall
I think is very important. Several years ago, legislation
was filed in the Massachusetts General Court vith reference
to the construction of sewage treatment works at Lowell,
Lawrence, Haverhill and Newburyport harbor.
Dissemination which was to explain information about
the construction of sewage treatment works was to be fur-
nished by a board to the inhabitants of Merrimack Valley.
This dissemination of information was considered Important
because of Chapter 658 of 1947 referred to the voters at the
State election on November 2, 1948 the question of whether
or not a sanitary district should be created and an appro-
priation of one million dollars made immediately. The ques-
tion appeared on the ballot in the cities and towns of
Amesbury, Andover, Billerica, Chelmsford, Dracut, Groveland,
Haverhill, Lawrence, Lowell, Merrimac, Methuen, Newbury,
Newburyport, North Andover, Salisbury, Tewksbury, Tyngs-
borough and Vest Newbury, and read as follows:
"Shall an act passed by the general court in
,the year 1947, entitled 'An Act establishing the
Merrimack River Valley Sewerage District for the
purpose of constructing, maintaining and operating
sewerage works in the Merrimack River Valley,' be
accepted?"
In order that the inhabitants of the Merrimack
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181
VI. X. Wall
Valley might be informed respecting the sewage treatment
works program, the Board furnished information to all th&
newspapers in the valley and directed correspondence to
service clubs (including chambers of conmerce, boards of
trade, Rotarians, Kiwanis, Lions, and exchange clubs), fra-
ternal organizations, parent-teachers associations, sports-
men's clubs, women's clubs and American Legion Posts, advising
of the availability of representatives of the Board to explain
the need for sewage treatment works In the valley and to
answer any questions which might be propounded. The consensus
of opinion ran strong against such expenditures by the various
towns and cities, and the argument was that if such a project
was constructed, it should be financed with Federal funds,
since much of the pollution was contended to have accrued in
New Hampshire. When the citizens had voted on the referenduo,
a majority of the voters were not desirous of activating the
construction program of this kind, at its own expense.
I would J us t like to give you this tabulation,
and then give up my time to the next worthy gentleman, if
I may.
MR. STEIN: Surely.
SENATOR WALL: The tabulation of votes on the
referendum was as follows:
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182
vSf. X. Wall
Citv or town
YES
m
Amesbury
1,001
3,515
726
Andover
1,179
4,261
1,016
Billerica
968
2,538
728
Chelmsford
488
3,420
444
Dracut
534
2,357
645
Groveland
302
743
150
Haverhill
3,627
15,385
3,043
Lawrence
6,881
25,060
8,369
Lowell
5,087
37,166
5,845
Merrimac
422
731
215
Methuen
2,183
7,195
2,218
Newbury
415
305
213
Newburyport
3,170
1,848
2,092
North Andover
587
3,458
557
Salisbury
688
318
436
Tevksbury
416
1,220
276
Tyngsborough
189
603
167
West Newbury
340
257
146
Mr. Chairman and Member* of your Honorable Com
mlttee, let me sum this thing all up this way:
The people that 1 represent are dispossessed e£
the financial ability to digest this crash program. 1 don't
feel we are financially able to extend ourselves. This would
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W. X. Wall
be biting off more than we can chew.
This group of Federated States have importuned
themselves upon the United States Congress in favoring this
pollution legislation which might be good for them, but
prohibitively financially impossible for us.
I am not against cleaning up the Merrimack River,
as my good friend, Worthen Taylor, will testify to it. 1
have fought for this thing fifteen years ago. But I am
against saddling the taxpayers with a Frankenstein debt
running into millions of dollars, and I sincerely hope that
Uncle Sam comes up and gives us the money to do it.
MR. STEIN: Thank you, Senator Wall. Are there
any comments or questions?
(There was no response.)
MR. STEIN: Senator Vail, just one moment, please.
At least, to my mind, I didn't hear any dates for
a crash program yet from either State or the Federal Govern-
ment, unless you consider that 1983 proposal from New Hamp-
shire as a crash program.
SENATOR WALL: Is that a question or --
MR. STEIN: Massachusetts, as I read the Massa-
chusetts statement, says that it is impossible to arrive at
a completely reasonable probable schedule of compliance, and
they asked for a recess. Maybe you have a comment on that.
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W. X. Wall
SENATOR WALL: 61 vs us tow money from Washington.
MR. STEIN: All right. Would you wait Just a moment?
1 have just two more points to bring up.
Supposing the Federal Government does dredge the
Merrimack, how do we get the boats over the Haverhill Falls
or the Lowell Dam?
SENATOR WALL: We'll take you for the firBt ride.
That can be done. Mayor Zabrlskie will tell you how that
is done.
MR. STEIN: The next point 1 want to make is this:
Some of the people here know how difficult it is to get to
talk to Secretary Celebrezse. I don't think people did talk
to him. The only issuance I know he made on the Merrimack
River was one of these routine press releases, which has
been submitted to the States.
Because this has been conmented on, I would ask
that this press release be included in the record with that
short newspaper article you referred to.
(The press release and newspaper article are
as follows:)
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18S
W. X. Wall
U.S. DEPARTMENT OF
HEALTH, EDUCATION, AND WELFARE
Public Health Service
Washington 25, D.C.
FOR RELEASE IN A.M. PAPERS
Tuesday, September 24, 1963
Secretary of Health, Education, and Welfare Anthony
J. Celebrezze today announced the convening of an enforcement
conference on pollution in the Merrimack and Nashua Rivers.
This action is being taken under provisions of
the Federal Water Pollution Control Act which permit the
Secretary of Health, Education, and Welfare to call a con-
ference to correct pollution if on the basis of reports or
studies he has reason to believe that pollution occurring
in one State endangers the health and welfare of people in
another. The conference had also been requested by Governor
Peabody to improve the Merrimack River for industrial, recrea-
tional and public water supply uses. It will be held in
Boston, Massachusetts, on February 11, 1964.
The Merrimack's pollution has caused the State of
Massachusetts to withhold sanctions for boating and water-
skiing activities. The shellfish flats at the mouth of the
Marrlaack River have been closed since 1926 and claas taken
from moderately polluted water are treated in clean water to
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W. X. Wa*.l
make them fit for human consumption.
Lawrence, Massachusetts, obtains its water supply
from the Marrimack but State authorities have advised the
city to make bacterial analysis five days a week on the raw
water and treated water because of possible contamination in
the water.
High bacterial concentrations have been reported
in the Merrimack at the Massachusetts-New Hampshire State
line. Elsewhere, industrial waste discharges cause objection
able colors in the river water.
The purpose of the conference, which is open to
the public, is to review the pollution situations in the
river with the Massachusetts and New Hampshire State agencies
and, if appropriate, recommend appropriate action with time-
tables to improve the quality of the waterways.
The conferees will be representatives of the water
pollution control agencies for Massachusetts and New Hamp-
shire and Herbert H. Rogers of Boston representing the De-
partment of Health, Education, and Velfare. Murray Stein,
of the Washington office of the DHEW, will preside at the
conference.
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187
W. X. Wall
LAURENCE TRIBUNE
9*26- 63
Cleanup Ordered
MERRIMACK RIVER FILTHY,
SAYS SECRETARY CELEBREZZE
WASHINGTON, (UPI) — The Federal Government con-
siders three big New England rivers filthy and wants then
cleaned as soon as possible.
That is the reason Secretary Anthony Celebrezse
of the Department of Health, Education, ana Welfare ordered
enforcement procedures to start on the Connecticut River in
Massachusetts and Connecticut, and the Merrimack River and
Nashua River in Massachusetts and New Hampshire.
He ordered into effect the 1961 Water Pollution
Control Act which puts the Federal Government in the role
of policeman to watch that the rivers are cleaned.
MR. STEIN: And now I would like to read the
letter that Secretary Celebrezse sent to you on August 30th,
1963. He said:
"Dear Mr. Wall:
"This is to acknowledge raceipt of your lettar
of October 18th enclosing the naws item from the
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188
W. X. Wall
Lawrence Tribune of September 26th.
"First off, may I say that I fully appreciate
your concern over this news story. In the interest
of accuracy, however, 1 am enclosing a copy of the
news release which was issued by our Department in
connection with calling of the enforcement confer-
ence on pollution problems in the Merrimack and
Nashua Rivers.
"You will note from a review of this release
that while it makes reference to a number of the
pollution problems which led to the calling of the
conference it does not contain any statement by me
as to the condition of the River nor does it char-
acterize the pollution situation in the terms
attributed to me in the clipping from the newspaper.
I assure you that our Department has not made a
final judgment on the pollution situation in the
Merrimack and Nashua Rivers. Reports and surveys
available to us do indicate a number of pollution
problems in the area which impair the water's use.
The purpose of the conference which we have
scheduled is to review these problems in depth,
to consider what is being done to abate them and
to determine what additional steps might be taken.
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W. X. Wall
"Because of your deep interest in the problems
of the City of Lawrence, I an certain that the con-
ferees would welcome your participation in their
scheduled meeting and would velcome any and all
proposals you might have as to how the pollution
problems of the Merrimack itiver could be better and
more quickly met to the benefit of all concernec
and with a minimum of detriment to the communities
along its banks.
Sincerely,
Is/ Anthony J. Celebrezse,
Secretary, Department of
Health, Education, and Welfare.*1
SENATOR WALL: Here is the statement right here.
"Merrimack River filthy, says Secretary Celebrezze." There
it is right there.
MR. STEIN: Thank you. I think the record is clear
on that.
SENATOR WALL: Yes, it is clear. Now, what else
do you want?
MR. STEIN: Are there any further comments or
questions?
(There was no response.)
MR. STEIN: Thank you, Senator.
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W. X. Wall
(The incorporation of the following document in the
record was requested by Senator Wall.)
RESOLUTIONS MEMORIALIZING THE CONGRESS OF THE
UNITED STATES TO ENACT LEGISLATION EXTENDING
FINANCIAL AID TO THE COMMONWEALTH OF MASSA-
CHUSETTS FOR PURIFICATION OF THE WATERS OF
THE MERRIMACK RIVER.
February 5, 1964
Whereas. The pollution of the waters of the
Merrimack river continues to be a danger to the health and
welfare of all the inhabitants of the Merrimack River Valley;
and
Whereas. The joint effort and financial assistance
of the Federal and State governments are required in order
to accomplish the monumental task of purifying the Merrimack
river; now, therefore be it
Resolved. That the General Court of Massachusetts
respectfully urges the Congress of the United States to enact
legislation extending financial aid to the Commonwealth of
Massachusetts for the purification of the waters of the
Merrimack river; and be it further
Resolved. That copies of these resolutions be sent
forthwith by the Secretary of the Commonwealth to the Presi-
dent of the United States, to the presiding officer of each
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191
A. H. Zabriskie
branch of Congress, and to each member thereof from this
Coomonwea1th.
Senate, adopted, January 30, 1964
THOMAS A. CHADWICK, Clerk
House of Representatives, adopted in concurrence, February 4,
1964
William C. Maiers, Clerk.
MR. STEIN: Mr. Taylor, will you proceed, please?
MR. TAYLOR: Representative Albert A. Zabriskie,
former Mayor of Newburyport.
STATEMENT OF ALBERT H. ZABRISKIE,
REPRESENTATIVE, 1ST ESSEX DISTRICT,
NEWBURYPORT, MASSACHUSETTS
MR. ZABRISKIE: Mr. Chairman, Members of the Com-
mittee:
I am Representative Albert H. Zabriskie, 1st Essex
District, Representative to the General Court of Massachu-
setts.
I would suggest to the patient listeners here that
I do not intend to read, or I would be here for a year. I
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192
A. H. Zabriskie
wish to take this opportunity to thank the Conference Com-
mittee for extending to me the right to be heard. The
cooperation of the Commonwealth of Massachusetts and the
Federal Government of the United States has not been good,
but excellent! I appear as former Mayor of the City of
Newburyport (1960-63), and as Representative to the General
Court of Massachusetts, 1st Essex District.
I am here seeking justice.
1 fully realize that this committee is meeting at
the request of his Excellency findicott Peabody, Governor of
Massachusetts, and Mr. Anthony Celebrezze, Secretary of the
Department of Health, Education, and Welfare.
Although 1 vas one of the mayors who, with Mr.
Celebrezze, was on President Kennedy's Association throughout
these United States, 1 have never met the man, nor have I
any letters from the gentleman.
The Massachusetts Legislature in the year 1962
passed two resolves: Chapter 85, which set up a special com-
mission to investigate and study the creation of a Merrimack
River valley abatement district, and Chapter 95, an investi-
gation and study by the Department of Public Health, relative
to the preparation of plans and maps for the disposal of
sewage in the Merrimack River valley. (Massachusetts)
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193
A. H. Zabriskie
I. Chapter 8£
The General Court of Massachusetts was represented
by Senator James P. rturak, and Representatives Albert H.
Zabriskie, John C. Breanahan, and John F. Dolan, having been
appointed by President of the Senate and the Speaker of the
House of Representatives.
I have here, gentlemen, on the copy, the members
who were appointed, members from the Massachusetts Department
of Public Health, Department of Natural Resources, Water
Resources Commission, anci the various representatives from
the cities and towns up and down the Merrimack River. 1
will read them:
Department of Public Health - Worthen II. Taylor, Division
of Sanitary Engineering.
Department of Natural Resources - Charles H. W. Foster,
Commissioner, 15 Ashburton
Place, Boston.
Robert L. Yasi (Alternate)
15 Ashburton Place, Boston,
Water Resources Commission - Clarence I. Sterling, Jr.,
Director, 73 Tremont Street.
Boston.
Malcolm £. Graf, Director,
73 Tremont Street, Boston.
Harold J. Toole (Alternate)
20 Somerset Street, BostonT
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194
A. H. Zabriskie
Merrimack River Valley Sewerage Board -
Sherwood J. Tarlow,
Chairman.
Thomas A. Ercoline,
Chairman, 145 Murray
Street, Medford.
Amesbury
Andover
Billerica
Chelmsford
Dracut
Groveland
Haverhill
Lawrence
Lowell
Merrimac
Methuen
Newburyport
North Andover
Salisbury
Tewksbury
Tyngsborough
Vestford
Richard S. Rand, 14 Merrimac Street.
- Joseph A. McCarthy, 26 High Street.
- Armand E. Provost, Jr., 143 Middlesex
Street, North Chelmsford.
Edward L. Ryler, Jr., 155 Boston Road.
Robert. C. 14cAnespie, 5 Middle Street.
Robert Richards, 16 Elm Park.
Fred C. Basile, Superintendent of Parks,
Room 20, City Hall.
Joseph E. fwomey, 60 Coolidge Street.
George McDonough, Engineering Depart-
ment, City Hall.
George Stevens, Birchmeadow Road.
Frank B. Law, Agent, Health Department.
- Joseph McLoughlin, Agent, Board of
Health.
Joseph D. Sullivan,
Robert M. Wood, Board of Public Works.
John F. M. Lambert, 105 High Street.
John F. McCormack, Main Street.
Phillip Bagley, Farwell Road.
Lucien J. Menard, 15 Hawthorne Avenue,
Nabnasset.
West Newbury
Hugh Cawley, Middle Street.
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A. H. Zabriskie
II. Chapter 95
The Massachusetts Department of Public Health,
representing the Commonwealth of Massachusetts engaged Camp,
Dresser and McKee, consulting engineers, 13 Tremont Street,
Boston 8, Massachusetts, at a fee of $80,UOQ.
This report on Pollution Control for the Merrimack
River is daced December, 1963 and was signed by Thomas R.
Camp.
That is this lovely looking document right here
thac looks so impressive, and, gentlemen, I trust your Com-
mittee will make this report, one of many numerous ones, as
you know, Mr. Chairman, that were so ably brought to the
attention of Mr. Taylor, who has lived with this for probably
a lifetime -- I trust that this will be made as a part of
the record of this meeting.
MR. STEIN: Do you want to enter that as an exhibit?
We haven*t gotten it yet.
MR. ZABRISKIE: Mr. Chairman, I will say this:
I have the Mayor of Newburyport present here with me, and
it was my intention after the meeting, because these reports
are rare or scarce, to turn it over to the Mayor of Newbury-
port, the present Mayor, George H. Lawler, Jr., and he in
turn can consult with his City Solicitor, if the Mayor has
no objection.
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A. H. Zabriskie
MR. TAYLOR: You keep it, and I will give them one.
MR. ZABRISKIE: Wonderful. All right, Mr. Chairman?
MR. STEIN: Thank you.
MR. ZABRISKIE: Yes, sir. So that will be part of
the record, Mr. Chairman?
MR. STEIN: Yes. It will be entered as an exhibit,
not printed in the record.
MR. ZABRISKIE: That's all right, fine.
(The exhibit above referred to will be found in
the files of the Department.)
MR. ZABRISKIE: Existing Pollution.
Now, I'm not an attorney, I'm not an expert, but
I sure have heard from several today that the Merrimack River
is an open sewer or a cesspool.
The Lawrence Experiment Station was one of the
early leaders in the United States in the development of
methods for treating sewage. Yet half a century after this
pioneering work was started at this location, the neighboring
coamunities along the Merrimack River in the study area do
not treat their sewage before discharging it into the Merri-
mack River. Millions of gallons of highly polluted industrial
wastes pour daily into the Merrimack. Domestic sewage from
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A. H. Zabriskie
the industries and from the sewers serving the municipalities
in the area were also discharged without treatment into the
stream.
Bacterial pollution, and this terminology comes
from the experts and not from me, is largely the result of
the addition of domestic sewage to the stream. Sewage not
only contains cocbbou bacteria, but also bacteria from disease
carriers and contagious disease hospitals.
Senate Document No. 550 of Acts of 1947 is the
report of the Joint Board established to investigate, study,
and to prepare plans and maps for the disposal of sewage in
the Merrimack River Valley. This Joint Boar
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A. H. Zabrlskle
In June, 1963, the sewage disposal project commenced.
The contracting firm of Richard White and Sons, West Newton,
Massachusetts, and the engineering firm of Whitman and Howard,
Inc., are being retained by the City of Newburyport. The
project at the present time Is 65% complete and the actual
completion date Is July 1964.
The citizens of Newburyport expect and demand that
the Massachusetts Department of Public Health and the Federal
Department of Health, Education, and Welfare carry out to
the letter of the law the Federal Water Pollution Control
Act, Public Law 660, 34th Congress, and Its more recent
amendment, Public Law 87-88 of 1961.
Gentlemen, we have In the New England states some
of the greatest leaders In the history of the Congress of
the United States. We have a Senator from Maine by the name
of Muskle.
1 understand a meeting Is going to be held In the
State of Maine, and I am going to make every effort to attend
that meeting.
We have In the Connecticut River an outstanding
Senator by the name of Rlblcoff, who has a problem In his
state. And I have no quarrel with the State of New Hampshire,
gentlemen, If any of their members are present here. 1 have
visited the State of New Hampshire at my own expense, and I
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A. H. Zabriakie
have scan sons actual projects that are In the works ox la
operation concerning sewage disposal.
It Is amazing to ae that In a State such as Massa-
chusetts, which prides itself -- I do -• on having the
greatest halls of education, schools of education in the
world, leaders in health, and yet, two years ago^ in the
year 1962, 1 travelled to the nation's capitol in Washington,
D. C., visiting our Federal agencies, and thank God we have
them, and I found out for the first time a term that I had
never heard before in iny life, and the term is "hepatitis."
Just recently in one o£ the Boston papers 1 saw a number
that I didn't bother clipping out, because sometimes it isn't
accurate to quote from newspapers, in excess of 2500 cases
of hepatitis.
Gentlemen, 1 kid ywu not. In the State of Connec-
ticut, within the past two weeks there was an outbreak of
hepatitis.
So, today as I sat here, and some of the gentlemen
have been shaking their heads and a few have been doing a
little politicking, and, of course, putting the old bite on,
Mr. Chairman — I know that you are familiar with these tac-
tics. Being in politics for fifteen years and enjoying it,
I an aware of it.
So, let mm say thist I have heard abeut water
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A. H. Zabriskie
kiing, I have heard about boating, I have heard about
swimming, I have heard about fish. They are all fine, all
in their proportionate respective positions and places. The
thing I want to bring out here today is water. It doesn't
take any genious to figure this out. All you have to do is
read the papers occasionally - £ have right here, the pro-
gressive btate or Washington, the Pacific Northwest's largest
c?.ty is in the midst of a $123,000,000 sewerage disposal
program — and that isn't peanuts, realise that -- which has
been described by John ijalv -•* he's the fellow who is on
television -- as the best water pollution control program
of any metropolitan area in the United States, and I think
they shoulo be proud. This 230-man construction job is de-
signed to meet the metropolitan projected requirements for
the next fifty years.
Now, this isn't yours truly sounding off. This is
from the Construction Craftsman, January 1964, so it is quite
current.
Of course, I realise that money is essential and
necessary. I come from a family of eight children. I never
got anything for nothing in my life that I didn't have to
work for.
Newburyport in Massachusetts has a population of
14,000 people. My people io Newburyport town are for a
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A. H. Zabriskie
pollution plan, but we are doing it. We have the same prob-
lems. Schools -- nobody wants to build schools, especially
elderly people. They want to build elderly housing projects.
We have done that wiLh the Federal help, which I am grateful
for. We have built a million dollar addition to the high
school, but we have che same water, sewerage, welfare --
name it, we've goc iL, the same problems.
And when it comes to estimated custs, who knows'
Not even the experts. They can pstimatp, but they are only
estimates. In my city, the cosc of my project or the city's
project, racher, was $1,400,000. It came m for a little
less than $1,200,000, and, Mr. Chairman, the generosity of
the Federal Government to my municipality was 50 per cent of
the total cost of the project.
fhis year in the Massachusetts Legislature, 1 filed
with other members of both parties, Senators and Representa-
tives, a bill that the Commonwealth would participate up to
20 per cent of the cost of a project, and 1 publicly coomend
the State of New Hampshire for increasing their amount from
20 per cent to 30 per cent in the last session of their
legislature. I think that is correct. Isn't that true?
MR. HEALY: Yes.
MR. ZABKISK1E: So we are making progress. 1 have
no quarrel with them at all.
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A. H. Zabriskie
Of course, Mr. Chairman, being well versed in this
type of procedure and dealing with people wich pressures and
what not, policies enters into this — there is no question
about it — and being a community of 14,000 souls at the
mouth of the Merrimack River, and living in a country where
the individuals recognize, any individuals, any Americans --
I would say this: That the referi ndisn that was stated by
the gentleman who preceded me, Senator Wall, happened in
the year 1947, and that's history, and I trust, ladies and
gentlemen, that history does not repeat itself.
X went to Washington, and 1 found out two things.
One was hepatitis. The second thing was that i became
familiar with the Water Pollution Act of the Federal Govern-
ment. of 1961. So it was well worth the trip.
Gentlemen, I don't want to take too much of your
time. 1 have a short report here about plans in Newburyport,
and I have here a letter, and many clippings from the papers,
ano many experts sounding off.
Mr. Chairman, if I can beg your indulgence for just
a minute. A motion to recess the hearing, what does that
mean? We are not trying to be smart. What does that mean?
MR. STEIN: That means we would recess this and
hold another session, as I understand, and determine after
a further study whether an appropriate time has been scheduled.
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A. H. Zabriskie
MR. TAYLOR: It would be to come forth with a
definite time schedule for the compliance of each community
and industry.
MR. ZABRISKIE: Let me put it this way then: How
much of a time factor is involved?
MR. STEIN: You understand, Mr. Zabriskie, that
this was just a proposal and not a conclusion of the con-
ference yet. This is Mr. Taylor's proposal, and if he wants
to speak on it, he can.
MR. ZABRISKIE: Well, Mr. Chairman, I would like
to get the answer now, if it is possible. I think it is a
reasonable question.
MR. TAYLOR: Well, what the Massachusetts Depart-
ment of Public Health would like to recommend is that it
be given time to further study the possibilities of enact-
ment of your bill for State aid, which the Governor has
authorised me to say he was interested in. He didn't promise
me that he would work for it, but he said he was very much
interested in it, and the possibilities of further monies
under the Accelerated Works Program, and also same technical
details relative to the ability of certain communities in
the Merrimack River Valley to pay, and as soon as these
figures ware available, this information were available, the
Department would try to come up with a schedule of compliance
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20\
A. H. Zabriskie
which it would submit to the United States Public Health
Service, which in turn does have the authority to reconvene
a conference of this kind in order to consider whether the
schedule was adequate or not.
The Department, however, does not intend that it
would do nothing except cone forth with a program of scheduled
abatement during the period that is given; that the Depart-
ment would go ahead with the program during this period just
as energetically as it would otherwise, but it cannot at this
moment say that certain cicxes, towns and industries must
have completed works by such ana such a date, without further
knowledge of the financial situation, particularly with the
Accelerated Public Works, and so on.
MR. ZABR1SK1E: Thank you. Mr. Chairman, may 1 ask
this question, and then 1 will conclude?
MR. STEIN: The floor is yours.
MR. ZABRISK1E: That is, that within the confines
of Massachusetts, that 10 per cent of the total area of
Massachusetts has a pollution problem, of which 7 per cent
is in the Merrimack River Valley?
MR. TAYLOR: This is true, population-wise.
MR. 2ABRISK1E: That's true. Well, I want that as
a matter of fact, Mr. Chairman, and 1 would like to have that
spread upon the record.
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A. h. Zabriskie
I would also like to have the remark that was made
previously, that the pollution in the Merrimack River has
been reduced 70 per cent -- that is true to a point, but it
isn't true, if you can follow me on that one.
So, Mr. Chairman, I thank you very kindly for your
indulgence. 1 never thought £ would ever see the day that a
Polish gentleman by the name of /labriskxe would ever appear
in Faneuil Hall.
Thank you.
MR. STEIN: Thank you. Tjy the way, I do think
with reference to your la6t statements here, that has been
put into perspective somehow by Mr. Knox's statement. He
indicated that the programs, as I recall it, for New Hamp-
shire would have amounted to $40,000,000, and for Massachu-
setts, how much?
MR. KNOX: 140.
MR. STEIN: 140, so assuming a 70 per cent reduc-
tion, if we did, if the Interstate agency and the States
come up with a $140,000,000 program, I would assume there
is still a little work that has to be done.
MR. ZABRISKIE: Yes. I would say this, Mr. Chair-
man, another remark.
You mentioned Mr. Knox. Mr. Knox has been working,
very ably working in his department for years, and when we
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A. H. Zabriskie
broke ground in Newburyport -- the regular typical thing,
cutting ribbons and digging holes and vhat not -- it was a
dream that he was trying to realise, or finally realized
after forty years of being in the business.
Our most important product is progress. We proceed,
but very slowly, Mr. Chairman.
MR. STEIN: Do you have any comment, Mr. Rogers?
MR. ROGERS: I just wondered on this 70 per cent
reduction, was there some confusion here? The 70 per cent
reduction we speak of wa6 the reduction in organic loading.
The bacterial pollution has actually increased since 1946.
MR. ZABRISKIE: One thing, too. I noticed here
this chart is quite graphic, "Estimated Bacterial Load."
Of course, we don't have too many of those studies in the
Merrimack River, but on the next page it states that the
four largest individual bacteria loadings into the Merrimack
River came fron Lowell with 22.7 per cent, Lawrence with
17.7 per cant, Manchester with 15.6 per cent, and Haverhill
with 11.1. 1 don't say this.
But that is filth. I don't care how you figure it.
This is a publication by the Division of Water Supply and
Pollution Control, Public Health Service. So there it is,
gentlemen. Cut it any way you want to.
Thank you very kindly.
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A. H. Zabriskia
MR. STEIN: Pardon me. I Just have one more ques-
tion. You are the lower end of the river.
MR. ZABRISK.IE: I'm on the wrong end of the stick,
yes, sir.
MR. STEIN: You have a treatment facility that is
going in. When that is completed, if the other communities
upstream don't put in treatment facilities in the near future,
how are you going to abate pollution around iVewburyport?
MR. ZABRISKIE: Well, I would place my trust, Mr.
Chairman, in the Federal Government, that since 1961, with
the Water Pollution Control Act and with the assistance of
the Massachusetts Department ot Public Health, that that
could be resolved.
I don't have all the answers, Mr. Chairman. If I
brought in a book from the Legislative Research Council of
Massachusetts -- when I made the request, t didn't realise
it was such a project. It would take them three months to
compile a stack of books probably three feet hig£).
I only have a few here. These are only the taore
recent studies, as of probably the last year, but I would
say we have a very able Mayor and a very able City Solicitor.
MR. STEIN: Thank you.
MR. ZABRISKIE: Thank you, Mr. Chairman. I have
handed in two documents I would wish considered as part of
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207
A. H. Zabriskie
ay statement.
MR. STEIN: All right.
(The following documents were presented by Mr.
Zabriskie for incorporation in the record.)
OFFICE OF THE MAYOR
CITY HALL
CITY OF NEWBURY PORT
MASSACHUSETTS
July 29, 1963
Chairman and Members of Board of Selectmen
Town Hall
Merrimac, Massachusetts:
Gentlemen:
I wish at this time to advise you that the City of
Newburyport has commenced the construction'of sewer treatment
facilities, including necessary pumping stations, force mains,
interceptor sewers and sewage treatment plant. The cost of
these facilities is approximately $1,100,000. The actual
construction of this project was commenced during June of
this year by the contracting firm of Richard White and Sons,
West Newton, Massachusetts. The firm of Whitman and Howard,
Inc. is serving as consulting engineers for this project.
In undertaking this sewer project the City of Newburyport has
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A. H. Zabriskie
taken positive action to alleviate the serious pollution con-
dition now present in the Merrimack River and to effect a
cleanup of its section of the River.
As members of governing bodies of communities bor-
dering the Merrimack we are all aware of the severe health
problems which presently exists due to the presence of raw
sewerage in the River. We in Newburyport feel that our
treatment project will not only prevent the spread of disease
but will greatly enhance the economic and recreational value
of the Merrimack Kiver.
In undertaking this project the City of Newburyport
has sought to comply with the rules and regulations of the
Massachusetts Department of Public Health and the provisions
of the Federal Water Pollution Control Act which make it
mandatory for each community to eliminate its pollution con-
dition.
1 know you are as interested as 1 in bringing about
the total elimination of pollution in the Merrimack River.
I would be most happy to inform you of the City of Newbury-
port's experiences to date in the planning and construction
of our Sewer Project.
If I can be of any assistance please do not hesi-
tate to contact me.
Sincerely,
Albert H. Zabriskie, Mayor.
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A. H. Zabriskie
THE COMMONWEALTH OF MASSACHUSETTS
Report of The Department of Public Health For An
Investigation And Study By The Department of Public
Health Relative To The Preparation Of Plans And
Maps For The Disposal Of Sewage In The Merrimack
River Valley.
December 4, 1963
To the Honorable Senate and House of Representatives.
The Department of Public Health, in accordance with
the provisions of Chapter 95 of the Resolves of 1962, herewith
respectfully submits its report, together with that of its
Consulting Engineers, Camp, Dresser and Mc&ee, tor an inves-
tigation and study relative to the disposal of sewage and
other liquid wastes in the valley of the Merrimack River.
Chapter 95 of the Resolves of 1962, provides as follows:
Chap. 95. RESOLVE PROVIDING FOR AN INVESTIGATION AND
STUDY BY THE DEPARTMENT OF PUBLIC HEALTH
RELATIVE TO THE PREPARATION OF PLANS AND MAPS
FOR THE DISPOSAL OF SEWAGE IN TIE MERRIMACK
RIVER VALLEY.
Resolved, That the Department of Public Health is
hereby authorised and directed to consider and report a plan
for the disposal of sewage and other liquid wastes in the
valley of the Merrimack River in the cities and towns of
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A. H. Zabriakie
Amesbury, Andover, Billerica, Chelmsford, Dracut, Groveland,
Haverhill, Lawrence, Lowell, Merrimac, Methuen, Newburyport,
North Andover, Salisbury, Tewksbury, Tyngsborough, Weatford
and West Newbury. In the course of its investigation and
study, said Department shall consider the contents of Senate
Document No. 550 of 1947, ''Report of the Joint Board estab-
lished to investigate and study, and to prepare Plans and
Maps for, the Disposal of Sewage in the Merrimack River
Valley." Said Department may expend for such purposes, such
sums as may be appropriated therefor co employ such engineer-
ing consultants and other assistants as may be necessary to
carry out the objectives of this resolve. Said Department
shall report from time to time its findings and recommenda-
tions, if any, together with drafts of legislation necessary
to carry such recoranendations into effect, by filing the
same with the clerk of the House of Representatives on or
before December fourth, nineteen hundred and sixty-three.
Approved May 22, 1962.
The sum of $80,000 was provided under item 2002-27,
Chapter 791 of the Acts of 1962, to retain consulting en-
gineering services.
The Joint Board, consisting of the Department of
Public Health and the Merrimack River Valley Sewerage Board,
created by Chapter 446 of the Acta ef 1935, prepared a report
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A. H. Zabriskie
consisting of plans and maps for the disposal of sewage in
the Merrimack River Valley under the provisions of Chapter
62, Resolves of 1945. That report is contained in Senate
Document No. 550 of 1947. The Joint Board retained Camp,
Dresser and McRee, Consulting Engineersv to prepare the
engineering aspects of that report. At that time, no city
or town on the main stem of the Merrimack River in Massachu-
setts was served by a sewage treatment plant. The economy of
the area was largely based on textiles, cotton and wool.
Industrial wastes with few exceptions were discharged without
treatment to the Merrimack or its tributaries.
Senate 550 of 1947 reported on the wastes dis-
charged to the Merrimack River in Massachusetts, the quality
of the waters of the stream and methods available to abate
the pollution. It recommended the creation of a Merrimack
River "alley Sewerage District for the purpose of constructing,
maintaining, and operating sewerage works in the Merrimack
River Valley. It proposed the construction of regional
sewage treatment facilities to serve the Lowell metropolitan
region, the Lawrence metropolitan region, the Haverhill
^metropolitan region, the town of Amesbury, the town of
Salisbury, and the city of Newburyport at an estimated cost
of $27,581,100.
Legislation to create the Merrimack River Valley
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A. H. Zabriskie
Sewerage District was enacted as Chapter 653 of the Acts of
1947. Section 18 provided that the Act would be submitted
at the biennial state election in the year 1948 to the
registered voters of the cities of Lowell, Lawrence, Haver-
hill and Newburyport, and the town6 of Amesbvury, Andover,
Billerica, Chelmsford, Dracut, Groveland, Merrimac, Methuen,
Newbury, North Andover, Salisbury, Tewksbury, Tyngsborough
and West Newbury on the ballot to be used in said cities and
towns, inthe form of the question, "Shall an act passed by
the general court in the year 1947, entitled 'An Act Estab-
lishing the Merrimack River Valley Sewerage District for
the purpose of constructing, maintaining and operating
sewerage works in the Merrimack River Valley' be accepted?"
The vote of the voters of the area was strongly in the nega-
tive, and thus the act became null and void.
The textile industries began to leave New England
and the economy of the Valley became largely one of electron-
ics, atomic development, missiles, and rockets. In this
manner industries having little or no liquid industrial wastes
replaced the wet textile industries. Domestic sewage from
municipalities and industry continued to discharge to the
Merrimack River. Only the village of North Billerica in the
town of Billerica, the village of Ballardvale in the town of
Andover, and Billerica Gardens in Billerica were served by
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A. H. Zabrlskle
sewage treatment plants by the time o£ the passage of Chapter
95 of the Resolves of 1962.
Nuisance conditions in the river were observed dur-
ing periods of low flow. The bacterial contamination was
sufficient to prevent its use for many recreational purposes.
The harvesting of shellfish was prohibited. The fresh water
resources of the Valley were inadequate, and it had been
found necessary to take the waters of the river for water
supply purposes for the city of Lawrence and the town of
Methuen. Already the city of Lowell was constructing fil-
tration works to make safe and potable these waters for its
principal source of public supply. The town of Billerica
was taking the waters of the Concord River, a tributary of
the Merrimack, as its source of water supply. Additional
sources of water supply are presently needed for other cities
and town8 in the Valley and the most generally available
source is the Merrimack River.
The Department of Public Health recognized the need
to abate the pollution of the river and thus actively sup-
ported two proposals introduced by Representative Albert H.
Zabriskie, Mayor of the city of Newburyport. House 2803
provides for the creation of a Merrimack River Valley Pollu-
tion Abatement District with authority to construct, maintain,
and operate pollution abatement facilities in the Merrimack
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A. H. Zabriskia
River Valley. The proposal was amended and now is Chapter
85, Acts of 1962, to provide a special study commission.
House 2572 was enacted to become Chapter 95 of the Resolves
of 1962, authorising the present study.
The Department of Public Health carefully considered
the excellent consultants in the Commonwealth to prepare the
consulting engineering report authorized by Chapter 95 of
the Acts of 1962. Believing that Camp, Dresser and McKee
were in a position, by reason of its earlier report, to carry
out the present study most efficiently and expeditiously,
that firm was retained. The engineering report is appended
and made a part of this report of the Department.
The contract between the Department and the Con-
sulting Engineers provided that the Consultants should pre-
pare a report including but not limited to the following
items:
1. Review and check of all pertinent data collected
for the 1947 report.
2. Collection and analysis of additional data from
local, state and Federal agencies, including engineering re-
ports, maps, local sewer plans and profiles, available sewer
gagings, river discharge data, tidal information, analyses
of river water, shellfish data, analyses of sewage and indus-
trial wastes, data from previous industrial wastes surveys,
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A. H. Zabriskie
water coosumption and population data, etc.
3. Study of municipal sewerage systems, including
existing sewer plans, location of outlets, sizes and eleva-
tions, measurement of tributary areas, location of industrial
plants and outlets.
4. Gaging and sanq>ling typical main outlet sewers,
municipal ana industrial. Recording gages will be installed
in key manholes to assist in estimating infiltration, average
dry weather flow and variations in dry weather flow, and
storm water flow.
5. Industrial waste surveys, including measurement
and sampling of wastes where desirable.
6. Study of population, water consumption and in-
dustrial wastes data, and estimates of present and future
sanitary, industrial, infiltration and storm water flows from
all pertinent areas.
7. Stream pollution studies and degree of treat-
ment required. Effect on river of various methods of treat-
ment of sanitary sewage and industrial wastes, including
effect of overflows of sewage during periods of rainfall.
Recommendations for classification of river.
8. Necessary field surveys and subsurface investi-
gations.
9. Preliminary designs of intercepting sewers,
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A. H. Zabriskie
overflows and regulators, sewage pumping stations, sewage
treatment plants and all necessary appurtenant works to pro-
vide adequate sewage and industrial waste disposal for all
of the comunities listed hereinbefore. Various alternate
plane will be studied to achieve the most economical overall
plan.
10. Estimates of cost of construction and operation,,
together with recommendations for assessing costs and financ-
ing the proposed works, taking into account Federal grants
which may be available.
11. Preparation of report containing findings and
recommendations. The report will contain suitable maps,
plans, graphs and tables.
The Department has cooperated in the present study,
opening its files of analytical data relative to the indus-
trial wastes and river water quality. It has conducted
special smpling programs along the entire length of the
study area and has collected data relative to the quality of
storm waters discharging to the river.
Since the present study was inaugurated there have
been several important events. The city of Newburyport had
prepared plans for the construction of a sewage treatment
plant to serve the entire sewered area of the city under a
non-interest bearing loan from the Housing and Home Finance
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A. ti. Zabriskie
Agency. These plans had been approved by the Department. New-
buryport accepted a Federal Grant in an amount of 50 per
cent of the cost of construction of such works under the
Accelerated Public Works program and started construction of
treatment facilities, pumping stations, and force mains in
June of this year. The works will provide primary settling,
sludge digestion, ana chlorination. The works are scheduled
for completion early in the summer of 1964.
The town of Billerica has retained consulting
engineers to prepare plans for the construction of pollution
abatement facilities. The preliminary report has been ap-
proved and construction plans are clearing completion. The
following municipalities have retained consulting engineers
to prepare reports ami plans relative to pollution abatement;
however, in certain instances there have been delays in
financing.
Westford
Methuen
Chelmsford
Andover
Lowell
North Andover
Dracut
Haverhill
Billerica
Amesbury
Tewksbury
Salisbury
Lawrence
The Faderal Water Pollution Control Law is embodied
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A. H. Zabriskie
in Public Law 660 of the 84ch Congress. Section 1 states that
the primary reponsibility for water pollution control rests
in the states. There are three major provisions:
1) Program grants to state and interstate agencies
for the administration of water pollution control programs.
2) Grants-in-aid to states, cities, towns and
other governmental agencies co assist in the construction of
pollution abatement facilities.
3) Federal enforcement of pollution abatement
programs under certain circumstances on interstate and intra-
state streams.
Of particular interest are the grants-in-aid
program and the Federal enforcement provisions of the act.
The appropriations for grants-in-aid is $100,000,000 for the
fiscal year 1964. Of this amount $2,123,850 has been allo-
cated for Massachusetts projects. There is authorization for
similar appropriations only for the fiscal years ending
June 30, 1965, 1966, and 1967. Grants-in-aid are limited to
30 per cent of the construction cost, or $600,000, whichever
is the lesser, for each project. However, the ceiling is
30 per cent of $2,400,000 per regional project for projects
serving several cities and towns. The estimated cost of the
initial phase of the proposed pollution abatement projects
to serve the Merrimack River communities is $94,575,000.
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A. H. Zabriskie
Thus, it appears that Federal grants-in-aid under P.L. 660
offer relatively small incentive.
More recently there has been further assistance in
certain instances. Under the provisions of the Accelerated
Public Works program the Federal Government has provided
funds, up to 50 per cent of construction cost in Massachu-
setts, to assist cities and towns in areas of surplus labor
in the construction of public works, including pollution
abatement facilities. Funds for such purposes have been
appropriated on two occasions, beginning in 1962. The city
of Newburyport received advantage of these funds to construct
its treatment plant and the town of Andover to enlarge its
sewerage system. Whether or not there will be further
appropriations for this purpose is not known, but certainly
there is no assurance of such funds in the future.
The enforcement provisions of P.L. 660 are con-
tained in Section 8 of that act. The Secretary of Health,
Education, and Welfare is directed to hold a conference of
the state and interstate water pollution control agencies
and the Public Health Service upon the request of a governor
or the water pollution control agency of any state, or upon
his own volition if he has reason to believe that pollution
of an interstate stream within one state affects the health
and welfare of persons within another state. Following such
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A. H. Zabriskie
* conference the Secretary may naka recommendations to the
Btate and interstate agencies relative to the abatement of
pollution. If progress toward abatement is not believed to
be adequate, the Secretary may hold a hearing and issue
orders. Failure on the part of any pollutor to comply may
be referred to a Federal Court to consider the entire matter
and cause compliance if necessary.
A conference, the first step in the enforcement
program, has been called by the Secretary of Health, Educa-
tion, and Welfare on request of His Excellency, Governor
Endicott Peabody, relative to the pollution of the interstate
and intrastate waters of the Merrimack and Nashua rivers in
Massachusetts and New Hampshire. This conference will be
held in Boston, Massachusetts, on February 11, 1964.
The report of the Consulting Engineers, retained
by the Department of Public Health, and contained in this
report show definitely that the Merrimack River in Massachu-
setts is grossly polluted as a result of the discharge of
sewage and industrial wastes from many sources within the
Commonwealth.
Three of the larger cities in the Valley in Massa-
chusetts, Lowell, Lawrence, and Haverhill, are served by
combined sewers. Such sewers carry sewage and industrial
wastes under normal dry weather conditions. During periods
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A. H. Zabriskie
of heavy runoff they also carry drainage from streets, roofs,
cellars, and many other sources. The flow in such severs is
increased many fold. To carry such eonbined flows to a
sewage treatment plant would be impractical; separation of
either sewage or storm water would be excessively costly in
most instances. Thus it is most desirable to intercept the
dry weather flows and convex them to a treatment plant and
permit the flows of commingled iewage and storm drainage in
excess of interceptor capacity to discharge through overflow
structures to the river. Such cambined sewage is heavily
polluted and some means of treatment must be provided. The
cost of providing works for the chlorination of storm water
overflows in the greater Lowell, Lawrence and Haverhill dis-
tricts is estimated at $46,000,000. The Department recos*-
mends that this portion of the pollution abatement program
be deferred at the present time.
The sewerage systems of other sewered communities
in the Valley are constructed on the separate plan. Only
sewage and industrial wastes flow in such sewers, storm
drainage being carried off by a system of drains discharging
apart from the sewerage system to the river. In such in-
stance no provisions need be made for the treatment of storm
drainage.
The present study indicates that there would be
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A. H. Zabriskio
little economic benefit to be derived from the creation of a
•ingle authority to construct, maintain, and operate all of
the works necessary to abate the pollution of the Merrimack
River in Massachusetts. Since the city of Newburyport is so
far advanced in its abatement program and because no equitable
basis of cost distribution has been advanced, the Department
does not reconaend the creation of any single authority to
carry out a pollution abatement program.
The present studies indicate that sewage treatment
facilities should be constructed as follows:
Newburyport
Salisbury
Ambesbury
Merrimac
Haverhill District
Haverhill
Groveland
Lawrence District
Lawrence
Andover
Methuen
North Andover
Lowell District
Primary treatment with chlorination
Lagoons or Primary treatment with
chlorination
Primary treatment with chlorination
Primary treatment with chlorination
Primary treatment with chlorination
To District Plant
To District Plant when it provides
sewers
Extended Aeration and chlorination
Extended Aeration and chlorlnatloa
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A. H. Zabriskle
Lowell
Blllerica
(See discussion below)
Chelmsford
Dracut
Tyngsborough To Lovell District when sewers are provided
Tewksbury
A portion tributary to Merrimack River when
sewers are provided to Lowell District
Westford
Originally to Lagoons but later possibly to
Lowell District
The town of Billerica is located on the Concord
River, a tributary entering the Merrimack River at Lowell.
The river is formed at Concord by the confluence of the
Assabet and Sudbury rivers. The flow of the river is such
that there is insufficient dilution for the effluent of even
the most modern and efficient facilities to treat the antici-
pated sewage and industrial wastes of the comnunities. Under
such conditions it will be necessary to provide low flow
augmentation for increased dilution of the effluent or carry
the effluent to the Merrimack River. An alternate solution
would be to convey raw sewage to the site of the proposed
Lowell District facilities for treatment. However, the town
of Billerica is so in need of a sewerage system at the pre-
sent time that it appears desirable to proceed immediately
with a plan to build treatment facilities on the Concord
River without awaiting construction of works to provide low
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A. H. Zabriskle
flow aupaentatlon to the Concord River. To provide sufficient
low flow au&aantation will require the construction of at
least two reservoirs. One is presently authorized under
P.L. 560, the so-called small watershed act administered by
the Federal Soils Conservation Service and the Division of
Water Resources of the Comnonwealth. Although authorized
and funded it appears that an additional State appropriation
may be necessary before this particular reservoir of the
Su-As-Co project is constructed. The second reservoir would
be constructed by the U. S. Army, Corps of Engineers. No
authorization or appropriation is presently available. For
these reasons the Department recommends that consideration
be given by the town of Billerica to discharging its wastes
to the proposed Lowell District treatment facilities.
The entire matter of administration of the pollu-
tion abatement program is the subject of a study by a Special
Coomission under the provisions of Chapter 85 of the Resolves
of 1962. Pin iisi nrlnHnnn and the draft of legislation to
carry the same into effect will be presented in that report.
The Departmsnt of Public Health acknowledges with
appreciation the services of its Consulting Engineers, Camp,
Dresser and McKee, not only in the preparation of its reports
but also for the generous assistance to the Department and
the Special Commission created under the provisions of
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A. H. Zabriskie
Chapter 85, Resolves of 1962. Especial appreciation is sade
to its Merrimack River Project Engineer, Mr. Ernest Leffel.
Respectfully submitted,
DEPARTMENT OF PUBLIC HEALTH.
Alfred L. Frechette,
Commissioner of Public Health.
Gordon M. Fair, B.S., Dr.lng.
Paul J. Jakmauh, M.D.
Samuel Kovner
Ralph Sirianni
Charles F. Wilinsky, M.D.
Public Health Council.
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C. T. FloDegan, Jr.
MR. STEIN: For the next few moments, I would like
to turn the chairman ship over to Mr. Rogers. Evidently, they
have an acute crisis in Washington. They have £our inches
of snow, among other things.
MR. ROGERS: Mr. Taylor, do you want to continue
with the other people?
MR. TAYLOR: Representative Cornelius Finnegan
of Lowell. Mr. Finnegan is also the City Solicitor.
STATEMENT OF CORNELIUS T. FINNEGAN, JR.
CITY SOLICITOR AND STATE REPRESENTATIVE,
LOWELL, MASSACHUSETTS
MR. FINNEGAN: I am Cornelius Finnegan, Jr.,
appearing in my capacity as City Solicitor only, and not
stating my opinion as a representative of the General Court.
I am appearing in behalf of the Lowell City Council,
which took the position that they are opposed to any expendi-
ture of funds for cleaning up the Merrimack River.
I would like to point out that the City of Lowell
has a population of 93,000 people. It has recently bean
declared one of the four larges areas with largest unemploy-
ment in the United States. Ve have a $94 tax rate.
In listening to the preseatacion today, I was
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C. r. Finnegan, Jr.
extremely impressed, but I thought, as all the people talked,
that it Is practically impossible for the City of Lowell to
expend any large amount of money to abate the pollution
nuisance.
1 know that the Federal Government could probably
come in and order the City of Lowell to abate the nuisance
or to clean up the pollution, and with the shrinking popula-
tion of Lowell and the large unemployment problem, it would
be interesting to see how the City of Lowell would be com-
pelled to abate the terrible pollution nuisance which exists
in the Merrimack River.
One thing 1 will say as a State Representative:
It is perfectly obvious to me, looking at the map and watch-
ing the flow of pollution bacteria from Massachusetts in the
Nashua River into Nashua, in the State of New Honpshire, and
then down into Lowell, and knowing that the State of New
Hampshire has taken action and knowing that the State of
Massachusetts has taken no action, it is unfortunate that
there are so few of the State Representatives present at this
meeting and so few State Representatives who receive the
information which has been presented. And with the many
problems which are presented to the State Representatives,
¦any of them will not even know that this meeting was in
progress, nor will it come to their attention.
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C. T. Finnegan, Jr.
It creates • big problem as to how this nuisance
will be abated. I know that present here are many represen-
tatives of industry, who are very naturally opposed to any
expenditure on the part of industry.
So, the final disposition of this problem, it seems
to me, will be left up to the Federal Government. We are
now in the process or urban renewal. We are tearing down
parts of Lowell, trying to build it up. We have lost many
of our industries. We are attempting to come back. But in
my lifetime, with the exception of the war years, Lowell
has been a depressed area. The only natural asset we have
is the Merrimack River and the Concord River full of pollu-
tion.
I can remember as a boy swimming in the Concord
River, and I don't imagine that it is cleaned up any more
since the time I swam in it, until my mother found out and
stopped me, and from observing it as I walk by, it hasn't
been cleaned up to a great degree, even though many of the
industries along its banks are no longer operating.
So, I would say to the conference here that for
the City of Lowell, a great problem is presented to find
finances to do our share, because it is obvious, with
93,000 people, and the raw sewage going into the Merrimack
River heading down towards Lawrence and Haverhill and
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229
C. T. Finnegan, Jr.
Newburyport, that we present a tremendous problem to the
pollution of the Merrimack River.
But nay position is that I have been delegated by
the City Manager of the City of Lowell by a vote of the City
Council to oppose any action and to protest any action which
would require the expenditure of money by the City of Lowell.
MR. STEIN: Thank you, sir. Are there any ques-
tions or comments?
(There was no response.)
MR. STEIN: Mr. Taylor?
MR. TAYLOR: Mrs. Bernard H. Flood of the Board
of Directors of the League of Women Voters Club.
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B. H. Flood
230
STATEMENT OF MBS. BERNARD H. FLOOD,
MEMBER OF BOARD OF DIRECTORS, LEAGUE
OF WOMEN VOTERS OF MASSACHUSETTS
MRS. FLOOD: I am Mrs. Bernard Flood. I on a
member of the Board of Directors of the League of Women Voters
of Massachusetts, and my responsibility on that board is as
to the vater resources.
The League of Women Voters is pleased to have this
opportunity to meet with others who share our concern about
the pollution of the Nashua-Merrimack Rivers.
League members in communities in this region have
been most specific in outlining the facts of pollution. One
city league reports:
"Most of the city uses town sewers, but the
sewerage is not emptied far enough out into the
river to be completely carried out to sea. There
are no swimming signs posted along the river with
the police department given the responsibility of
enforcing the ban. Boating continues to increase
on this part of the river."
Another league whose town is a member of the Merri-
mack Valley District Pollution Abatement Commission reports
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B. H. Flood
that:
"There are seventeen sites in the district
where raw sewage is being dumped into the river."
In reply to the question, "What specific sites are
there where raw sewage is being dumped into the river?";
another league replied "Every street."
At the same time in answering the query as to where
the water came from for domestic use; leagues pointed out
that two communities used the Merrimack River. Furthermore,
other comunities are looking toward to using the river for
drinking water in the foreseeable future. A study made by
the Central Merrimack Valley Planning District lists the
river as one of the better methods of providing adequate
amounts of clean water for future use. The simple fact is
noted that the cleaner the water is, the less expensive it
is to treat for domestic consunption. A significant state-
ment by another league; that "of course, a good deal of
swimming is done in the river, although it is warned against
by the health authorities" points up the seriousness of the
situation.
The fact of the pollution of the Merrimack River
cannot be overstated. Officials and citizens of all the
communities in the region have shown an increasing awareness
and concern about the situation. Many public meetings have
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B. H. Flood
been held since this conference was called. Local officials
have been moat articulate in expressing their views on the
matter. A league member from Lowell writes:
"I attended a meeting, at which the pollution
of the river was discussed. There seems to be
unanimous agreement that the Merrimack River is
badly polluted, but city officials and industry do
not want to take on any expense that will send
Lowell'8 already high tax rate any higher. This
being especially so after being told that there was
actually no menace to health."
The enclosed newspaper account of the meeting is
vivid in emphasising the point that officials were publicly
decrying the high cost and were unwilling to back plans for
pollution abatement. Yet we have the words of Mr. Worthen
Taylor who spoke at this same meeting. He said:
"People are demanding clean water. There are
Increasing problems of public health, especially as
river water becomes a source of domestic water; and
as more people contact the river water, through
recreation and consumption, the potential for
disease carrying bacteria increase."
There also seems to be an Increase in the incidence
of infectious hepatitis which some authorities attribute to
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B. H. Flood
reused river water. Furthermore, the Impetus to sewage treat*
nent plant building in the Merrimack valley came early in this
century, vhsn typhoid had been rampant and was traced to
polluted water. The League of Women Voters does not wish to
raise the spectre of disease. We have confidence that our
public officials are protecting vis. But we do think that
under the circumstances, disease is an ever present danger.
Communities where officials had the foresight to
build sewage treatment plants many years ago, are now plagued
by the fact that the combined systems then in vogue, are
obsolete and very expensive to rehabilitate. The report of
Camp, Dresser and McKee points out that there are a nunber
of ways to meet the problem. They selected a method which
they feel has the most potential for success but there is
still a $94 million price tag. Cost, apathy and reluctance
to cooperate may keep the Merrimack Region from accepting
and carrying out this recommendation.
Another league reports:
"It seems that the solution to the problem will
cone only after massive public education. It is
cannon knowledge that the river is polluted but it
is taken for granted as a natural occurrence and is
Inevitable, like death and taxes."
The fact remains, however, that a great number of
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B. H. Flood
people ere concerned. Responsible citizens are suggesting
that the Federal Government assume a larger share o£ the cost.
This seems especially relevant since much of the area has
been described as depressed. Assistance from the state in
the form of grants is also being proposed and supported by
public officials and citizens as well. The League of Women
Voters of Massachusetts recently testified in favor of House
435 which would provide state assistance of twenty per cent
in addition to the Federal grant for sewage plant construc-
tion as well as other means of controlling pollution.
In closing 1 would like to quote from a letter
sent to His Excellency Endicott Peabody informing him of the
interest that the League of Women Voters has in pollution
abatement. I quote:
"To help local communities with these problems
(sewage financing, etc.), the League of Women Voters
continues to support the so-called 'incentive' prog-
ram embodied in the Federal Pollution Control Act of
1956. We realize that this gives the Federal Govern-
ment the right to require certain standards on the
part of the states and conmunities participating
and these have proven to be valuable requirements.
For the sane reason, we have welcomed the pollution
control conferences on the Connecticut and Merrimack.
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B. H. Flood
'V« believe that local, state end national
officials, can and mist work together to provide
clean water for our citizens. We recognize that
the Federal programs have been most successful in
providing the impetus to sewage plant construction.
Statistics are readily available to bear this out
and our own state officials have repeatedly as-
serted this to be the case. But the all too evident
fact emerges that we have not even been able to
maintain any semblance of progress against pollu-
tion. There is not enough being done with the
limited funds available and we believe, therefore,
the states must assume some of the financial burden.
"It appears that the time has come for our
state to take a more active role in pollution abate-
ment. We now have, as you know, of course, a state
law against the pollution of water by municipalities
or industries, which has been difficult to enforce
because of the economic and political implications
of such enforcement actions. The state officials
involved need the backing of the executive if they
are to fulfill their duties. They also need to have
the assistance of financial programs for coasamities
and industries for whoa compliance would be a real
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B. H. Flood
financial hardship. Stronger state laws, stronger
state enforcement, larger staffs, and state aid to
municipalities for pollution control are necessary
ingredients for a successful clean water campaign.
"In 1956, a Water Resources Comnissiun was es-
tablished by statute, and it became a functioning
agency in 1959. Its purpose was the coordination
of all matters relating to water. It has never been
adequately financed and staffed, although excellent
work has been done on the projects on which it has
been able to work. This agency should be strengthened
so that it can carry forward the really necessary
task of water law coulfication, regional and river
basin planning, collection of basic data, research
and dissemination of information.
"We would like to suggest that you pursue the
progras for clean water most vigorously. Ve would
like to assure you of our league interest in this
and willingness to support legislation which will
make this effective."
The League respectfully urges that every effort be
made by all concerned to provide clean water for the Nashua-
Merrimack River area.
MR. STEIN: Thank you very much. You know, there
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B. H. Flood
is one recurring them* that runt through all the itatamti,
and that is Chat it is going to coat money, and where is the
noney going to cone from.
The point is this: It is Just a horrible £act that
sewage treatment works, like highways, schools, hospitals,
or anything else, cost money. This figure of $140,000,000
for Massachusetts was mentioned. If it is not taken care of
and we follow the trend in the next decade or two without
doing anything, it is going to cost ouch more on the day
of reckoning. This is what happens.
It seams to me that we should put this into some
kind of perspective. When you talk about 140 and 40, which
is about $180,000,000 for a cleaning up of the entire Merri-
mack-* Nashua system in New Hampshire and Massachusetts, Just
compare that with the amount of money it takes to build some
super-highway or highway around the city for a few miles.
This is not meant to be deprecatory of the highway
program. That is needed. However, look at these comparative
costs sow times. It is true that these things do cost money
and the money is going to have to come from somewhere. No
one can wave a magic wand and say it can be done, but in our
society where public works are needed, and really needed, the
noney has come forth.
MRS. FLOOD: I would like to say to that, the
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B. H. Flood
League recognises the fact that this Is an expensive project,
although not as expensive as sone other projects.
We also feel that our State is one of the wealthier
states, and we are pleased to know that in our own State law,
it is possible for the Public Health Service to look into
the financial status of communities, to see whether they can
in fact bear the responsibility, and it has been, I think,
usual that the communities can bear the expense.
1 think there is a good deal of what they call
poor thinking in this.
MR. STEIN: Off the record.
(Discussion off the record.)
MR. STEIN: Back on the record.
Thank you, Mrs. Flood.
MR. TAYLOR: Mrs. William H. Drury of Su-As-Co
River Valley, who will be speaking for the League of Woaen
Voters in that area.
Mrs. Drury.
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239
W. H. Drury
STATEMENT OF MRS. WILLIAM H. DRURY,
REPRESENTIKG THE SU-AS-CO RIVER BASIN
GROUP, LEAGUE OF WOMEN VOTERS OF
MASSACHUSETTS
MRS. DRURY: 1 won't read my entire statement, in
ehe interest8 of time. I will just stake a brief summary
of it.
MR. STEIN: Do you have copies?
MRS. DRURY: I have copies.
MR. STEIN: Ihat will appear in the record as if
read, without objection.
MRS. DRURY: I represent the Su-As-Co River Basin
Group of the League of Women Voters of Massachusetts. Our
membership consists of 1300 women in 14 Leagues in the
Sudbury-Assabet-Concord Basin, tributary to the Merrimack.
We are grateful to Mr. Worthen Taylor of the Massachusetts
Department of Health for the opportunity to present our
opinions at this important conference.
The Sudbury~Assabet-Concord (Su-As-Co) River Basin
is in a period of transition. Tremendous changes are taking
place due to population, highway, and industrial growth,
bringing new problems for the growing communities, sumy of
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240
W. H. Drury
which have not kept pace with Che development. Figures fro»
Greater Boston Economic Study Coaoittee illustrate the
extent of the population increases in the region: coopera-
tive figures and projections for 1950*1970 indicate the
United States as a whole will gain 35.2 per cent; New England
20.9 per cent; Massachusetts 17.5 per cent; Greater Boston
19.5 per cent; hut our watershed 72 per cent.
The urbanization of the Su-As-Co River Basin has
brought increased use and abuse of the rivers. Already
heavily used for waste disposal, they will undoubtedly be
used for this purpose to an even greater degree in the
future. Waste-carrying is a beneficial water use when it
does not interfere with other legitimate water uses. But to
achieve maximum benefit from these valuable rivers, they oust
be clean enough to allow recreation, irrigation, and water
supply uses as well as waste-carrying.
The three rivers are particularly suited for many
forms of outdoor recreation. Three million people live
within easy reach of them. With greater access and more
facilities, additional recreational opportunities could be
provided, but the water must be reasonably clean.
The need for additional sources of water supply
for many of the towns along the rivers is becoming more ur-
gent, and cleaner rivers could provide at least a limited
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W. H. Drury
future source. If additional storage works were available,
this source could be very promising. At the present time
only one town, Billerica, takes water directly from the
Concord River. Water is still diverted from the upper water-
shed of the Sudbury Kiver for M.D.C. water supply purposes.
Although Massachusetts has not legally adopted the
classifications set up by the Mew England Interstate Water
Pollution Control Commission, tentative classifications have
been established for our rivers. The Sudbury is B to C, the
Assabet l throughout, and the Concord C ana then D below
Billerica. We urge that full consideration be given to rais-
ing all these rivers to B eventually. Augmentation of the
low flow of the rivers could help alleviate the pollution
problem. The flood control dams along the Assabet (being
constructed under the Watershed Protection and Floor Preven-
tion Act) will not only serve their primary purpose but can
also help in Improving the low flow in the Assabet if addi-
tional funds are made available.
Maximum treatment of wastes at the source is also
needed. Of the 36 communities partly or wholly in the
Su-As-Co River Basin, thirteen have municipal sewage systems.
Of these, seven dispose of effluent in our rivers — Billerica
and Concord on the Concord Kiver (and Lowell to a certain
degree); Hudson, Maynard, Marlborough, Shrewsbury, and
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242
W. H. Drury
Westhorough on the Assabet River. Two institutions, the
Concord Reformatory and the Billerica House of Correction,
also discharge effluent into the Concord River. Maynard,
Marlborough and Westhorough are planning for expanded aysteas
in the near future, and Hudson and Concord have recently in-
stalled new treatment works. Five other towns which need
new systems are Grafton, Hopkinton, Littleton, Chelmsford
ano Southborough. Two towns, Hudson and Shrewsbury, and
the Billerica House of Correction have received grants for
treatment facilities under the Federal Pollution Control Act
of 1961.
At least sixteen industries also dispose of liquid
wastes in the river basin. Two woolen manufacturing plants
and a rendering plant in Billerica and a vinegar plant in
Littleton dump untreated wastes into the rivers. Of the
remaining twelve, one plant in Ashland creates a local prob-
lem on the Sudbury River, and several others cause pollution
intermittently, but in general treatment is considered satis-
factory. Several new industrial treatment plants have been
built in the past few years. Massachusetts exempts indus-
trial waste treatment plants from taxation.
In addition to lack of treatment or Inadequate
treatment from some of these sources of domestic or indus-
trial waste, municipal dumps, pesticides, detergents,
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243
W. H. Drury
Inadequate private waste disposal facilities, and even storage
of salt for roads all contribute to the total basin pollution.
While there has been some inproveaent both by
industries and towns, because population growth has resulted
in increased use of the river, improvements have kept things
from getting worse but have not been drastic enough to make
any marked changes for the better. A notable exception to
this is the definite improvement in the Sudbury River when
Framingham and Natick diverted their sewage to the M.D.C.
system, with the resulting low flow in the river augmented
by clean reservoir water.
For any major improvements, more help will be
needed from the State and Federal Governments. The towns
are not presently equipped financially or administratively
to undertake either immediate action or long-range compre-
hensive planning that will anticipate needs and problems in
advance. The money available from the Federal (Government
is helpful but not enough for the struggling communities.
The state agencies responsible for dealing with water pollu-
tion operate with a small staff and budget and must be given
greater support to do their job. Massachusetts does not
provide financial incentives to the eoonunities for improve-
ment or now construction of croacaaat facilities, although
there is again legislation to achieve this purpose before
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244
W. H. Drury
Che current legislature. We feel that direction and incentive*
must cone from the State and Federal Governments, but at the
8mat tine the towns must do ouch store to assume their burden
of responsibility in solving the pollution problem.
A concerted regional attack on the problem could
put the communities in 3 much better position to aesume this
burden anci to achieve b&sin'Vids improvements• Towns should
seriously consider the advantages of cooperating on sewage
systems, water supplies, and town dumps. All levels of
gpvernment must also cooperate to insure efficiency and
broad planning. An example of a regional cooperative effort
is the creation of a U. S. Fish and Wildlife Refuge on the
Sudbury and Concord Hivers. rhis refuge will not only pre-
serve the wetlands for wildlife, but will protect these areas
of the river from further encroachment. At the sane time
the refuge will need to be protected from pollution from
outside, rhe Assabet Kiood Control dams are another example
of cooperation at all levels of government.
itie development of the area around Route 1.495,
now under consideration, presents another opportunity to do
gome advance planning in anticipation of needs that will
certainly arise when the area becomes more highly developed.
Five towns in this area now do not have even a municipal
water simply system. 1'owna will need realistic advice about
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243
W. H. Drury
water requirements of potential industrial and housing de-
velopers, and many mistakes can be avoided if the planning
is done in tine. This is a specific area where leadership
from State and Federal agencies is needed, and the towns oust
be willing to listen.
In this testimony we have spoken about the sources
of pollution in the Su-As-Co River Basin, and pressures on
che region which makes progress difficult. This small water-
shed of the much larger Merrimack Basin may not figure prom-
inently in Merrimack pollution, but we feel strongly that
both the Merrimack and its tributaries must be clean enough
to allow their maximum use. The concluding paragraph of our
recently published study of the Su-As-Co Basin says: "Some
of the basic needs for effective pollution control in our
basin bear repeating. Wider public understanding of the im-
portance of clean water to meet growing demands; more planning
to bring the problem into sharper focus; more public willing-
ness to use tax money for its solution and more assistance to
the communities to stimulate immediate action; more research
on the treatment of wastes and water contaminants; and more
enforcement of existing sanitary provisions to prevent pollu-
tion and punish violators."
This conference is a fine start toward vigorous
and constructive action.
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246
D. M. Crocker
MR. STEIN: Thank you very much. Are there any
questions or comments?
(There was no response.)
MR. STEIN: If not, thank you very audi.
MR. TAYLOR: Mr. Donald Crocker.
STATEMENT OF DONALD M. CROCKER, CHAIRMAN,
NASHUA RIVER COMMITTEE OF THE NATIONAL
COUNCIL FOR STREAM IMPROVEMENT
MR. CROCKER: Mr. Chairman, Members of the Confer-
ence, Ladles and Gentlemen:
I am Donald M. Crocker, Vice President, Manager
of Manufacturing of the Paper Division, Weyerhaeuser Company,
(formerly, Crocker, Burbank & Co. Assn.). I am speaking
here today as chairman of the Nashua River Committee of the
National Council for Stream Improvement which represents
seven paper companies owning mills located on the Nashua
River and its tributary, the Squannacook.
On behalf of these companies, I wish to thank the
r
Conferees for the invitation to appear at this Conference,
which is concerning itself with the Merrimack River and its
tributaries. Our paper mills are substantial users of the
water of the Nashua River for manufacturing and waste
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D. M. Crocker
assimilation purposes. For this reason, we have long con-
cerned ourselves with the quality of the water of the Nashua.
In our opinion, the State of Massachusetts has developed a
sound program for maintaining and improving the quality of
the river and assistance by the Federal Government is not
needed at this time.
1 would like to describe briefly the physical
characteristics of the Nashua River, the importance of paper
manufacturing to the economy of the Nashua River Valley, and
the extensive water quality protection programs which the
paper mills have undertaken in cooperation with the State of
Massachusetts.
THE NASHUA RIVER
The Nashua River rises in North Central Massachu-
setts, and drains an area of 530 square miles. It passes
through five communities in Massachusetts, flowing 47 miles
from its origin to the New Hampshire border. From there, it
flows 13 more miles to Nashua, New Hampshire where it empties
into the Merrimack River. From its headwaters to the con-
fluence with the Squannacook, a distance of 35 miles, only
9 miles of the land area on the river between Fitchburg and
Lancaster are developed. The remaining 26 miles are mainly
swaop lands, and the river is largely inaccessible in this
area.
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246
D. M. Crocker
The Nashua River la a relatively small stream and
its water ts used and reused by our alllSi other industries
and municipalities for manufacturing and waste assimilation
purposes. Reservoirs constructed on the headwaters and dams
located on the stream itself provide regulation of the
stream's flow. Without these improvements, neither the paper
mills nor other industries could operate on the river. More-
over, the dams and reservoirs are an aid in controlling
potential floods in the valley.
Historically the Nashua River has been the scene
of papermaking activities dating back to 1796. Since that
time, paper mills have played an important role in the
economy of the area. In 1963, the seven paper companies
operated 16 mills on the river. These mills employed 3,203
people and had a combined payroll of $21,971,000. Moreover,
the mills paid $1,329,000 in state and local taxes.
These mills require prodigious quantities of water
to operate. Despite man-made improvements and careful use
of the river's water, the stream flow occasionally drops to
less than 50 cfs. Adequate dilution of effluents going into
the river is difficult to achieve at this level. These
known factors have caused our mills to spend a great deal
of effort and money in attempting to further regulate water
flow and to maintain and improve watar quality.
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249
D. M. Crocker
WATER DUALITY PROTECTION EFFORTS
As far back as 15 years ago, the paper mills coop-
erated with the State bepartmeni: of Public Health and National
Council for Stream Improvement in conducting surveys of the
Nashua River. Temperature, uissolvect oxygen levels (IX;) ,
biochemical oxygen uemaiui (HuD), hydrogen ion concentration
(pH) anu suspended soliuc were carefully measured. In the
years following the 1943 survey, the mill& have undertaken
the following corrective actions:
1. Several mills have suspended tie-inking opera-
tions.
2. Saveall equipment has been installed.
3. hue of additives having a lower BOD potential
has begun.
4. Fiber losses have been reduced by use of re-
tention aids which hold more fiber in the products.
5. Several mills have been able to install
external treatment facilities.
6. Tighter controls on the use of fresh water
consumed have been instituted, thus reducing total effluents.
7. More internal waters have been used in the
white water re-cycle for better charging and consistency
regulation.
These and other water quality protective devices
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250
D. M. Crocker
and expenditures on the Nashua have cost the seven companies
in excess o£ $1,300,000.
Surveys conducted in 1962 and 1963 by the mills and
The National Cornell for Stream Improvement in conjunction
with the Massachusetts Public Health department reveal that
the actions taken and the expenditures made by the mills have
achieved -
1. A 23A reduction in suspendeo solids, and
2. A 35£ reduction in the BOL load of the Nashua
River.
These accomplishments have been made during a time
when total mill production has actually increased.
In considering the water quality of the Nashua, it
must be admitted that paper mill wastes are by their very
nature unsightly, due to the presence of inert pigments. At
certain water flow levels and during certain times of the
year, the paper mill effluents discharged into the Nashua
depress the dissolved oxygen level and impose sizeable bio-
chemical oxygen demand loads on the river. The dilution
effect of the river is further curtailed by the diversion of
water from the South Branch for public use outside the water-
shed, and this diversion removes from the Nashua River system
all of the water from a drainage area of 117 square miles
except a rather Insignificant 12 million gallons per week
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251
D. M. Crocker
which is allowed to enter the river from the South Branch.
It is important to bear in mind, however; that paper mill
effluents do not contain pathogenic bacteria, toxic sub-
stances , or other materials harmful to human health* Paper
wastes cannot cause typhoid fever, hepatitis, or other di-
sease s caused by raw sewage. Paper mill wastes are frequently
expressed in terms of population equivalents. While this is
a convenient means of expression it applies only to bio-
chemical oxygen demand, and can be misleading because it tends
to equate paper mill wastes with municipal sewage -- municipal
wastes can cause public health problems; paper mill wastes do
not.
Thus, while the Nashua River is an interstate stream,
it cannot be said that the use of the river by Massachusetts
paper mills endangers the health of persons living in either
Massachusetts or New Hampshire. Fishing in Pepperell Pond
located 4 miles from the New Hampshire border, indicates that
upstream wastes are stabilized before reaching this point.
Our surveys do indicate an oxygen sag just before the Mew
Hampshire State line, caused by a partial impoundment created
by a broken dam in New Hampshire. Although the DO level
improves after the river flows a short distance into New
Hampshire, a program is underway cm correct this condition
and to provide a higher level of dissolved oxygen at the
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D. M. Crocker
State line. However, the Nashua River has little effect on
the Merrimack because even at the most critical flow, the
dilution ratio of the Nashua to the Merrimack river water is
1 to 10.
CONCLUSION
The Nashua River paper mills recognize the importance
of water quality. We have made substantial progress in the
last few years, and we intend to continue to maintain and
improve the quality of the river. We will continue to coop-
erate fully with the Massachusetts Public Health Department
to develop and imp lenient a program to achieve these ends.
It is obvious any such program which might cost the mills
several millions of dollars must be accomplished over a rea-
sonable length of time so that our communities and mills may
remain competitive.
Thank you for your attention.
MR. PALAZZI: Did I understand you to say that New
Hampshire is responsible for the pollution of the Nashua
River?
MR. CROCKER: I didn't say that. There is a broken
dam over the border that we are working on, that would help
bring it up higher than it is now.
MR. PALAZZI: Excuse me. I thought you said it was
the source.
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253
D. M. Crocker
MR. CROCKER: No, sir.
MR. ROGERS: Mr. Crocker, 1 Chink the paper covpaniep
actually have done a commendable Job in their studies, but
there are two or three points 1 would like to clari£y.
You mention on Page 3 this 23 per cent reduction
in suspended solids anu 35 per cent reduction in BOD load.
During this period of time, did you not shut down one of
your*oe-inking plants?
MR. CROCKER: Two de-inking plants. As 1 said at
the cop, several mills had suspended de-inking operations.
1 can*C tell you exactly because 1 don't know fully, but in
our mills we did, some others did, but whether some others
were suspended I don't know, but we aid shut then down.
MR. ROGERS: Did you shut them down because of
economic or paper quality reasons?
MR. CROCKER: Economic and pollution reasons.
This is one of the biggest steps we could make to reduce the
load on the river.
MR. ROGERS: Thank you. I don't know — 1 don't
have the exact figures here, but 1 think some of the campari*
sons show that there is a fairly big decrease in BOD, but as
to suspended solids, if you discount this shutdown of the
de-inking plants, actually there is some Increase involved
because of increase of production.
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234
i). M. Crocker
MR. CROCKER: No. I can My part of the reason
for shutting down the de-inking plant was the hardest thing
we were going to have to do in the long run, and some of the
mills picked those to do first.
MK. ROGERS: All right.
MK. STEIN: Any other questions or comments?
(There was no response.)
MR. STEIN: Thank you very much, sir.
Mr. Taylor, do you have anyone else?
MR. TAYLOR: Mr. Walter B. French of Jackson
Properties.
STATEMENT OF V/ALTER B. FRENCH, GENERAL
MANAGER, JACKSON PROPERTIES, INC.,
LOWELL, MASSACHUSETTS
MR. FRENCH: My name is Walter B. French. I am
Manager of the Jackson Properties in Lowell, comprising a
million square feet of industrial floor space, with employ-
ment of between four and 5,000 people.
I had quite a paper prepared, but in view of the
hour and the lateness, I am Just gping to go through the
key points, and, with your indulgence, I will try to keep it
down to four or five minutes*
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255
W. B. French
MR. STEIN: It will appear In the record as if
read.
MR. FRENCH: In a Summary outlined at the bottom
of Page 1, in a report on Merrimack River Pollution in
Massachusetts, dated December 3, 1963, prepared by Camp,
Dresser & McKee, it is stated that "the Merrimack River is
polluted from the New Hampshire State line to the Atlantic
Ocear..
This statement is true today just as it would have
been in the years 1850 through 1927, because the industrial
river bank enterprises induced by the presence o£ waterpower
and available cheap labor in the areas, and the necessary
available capital from nearby Boston and New York, naturally
drained their waste liquids and semi-solid waste discharges
into the river and the many miles of constructed waterway
canals. The growing industrial population at their homes
and boarding houses all contributed sewer and domestic wastes
into the nearest stream, ditch, or canal.
The Merrimack River Valley, upstream and downstream,
as well as the Connecticut River, attracted industry because
of the availability of water flowage for power, and with
which to scour, wash and bleach textile raw materials and
finished yarns and goods. It was necessary after using
water for such industrial purposes to be able to dispose of
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W. B. French
the used water by gravity, and all went back into the rivers.
In fact, most permitted water users from the pro*
prietors of the Locks and Canals and the Essex Co., were
bound by the articles of agreement to discharge all used waterb
dirty or not, into the same canal system for re-use at a lower
leve1.
Hills were built in small sections because of the
ever present danger of fire; enlarged and extended as the
industries grew and prospered. Toilet facilities, crude
though they were in the earlier days, were constantly added
at places in the mills and millyards, always nearest to the
places xn the mills where the largest concentrations of labor
were located. Thus in a longer mill which, by steps, became
up to several hundred feet long, were constructed several
toilet towers never less than one hundred feet or more apart.
Thus in any New England and certainly in Merrimack
Valley Mills the industrial sewage and wastes were discharged
into the nearest canal, penstock, or tail-race, and in many
mill 8 In Lowell and throughout the Valley in both the State
of Massachusetts and New Hampshire, not ££ one tWQ Bltffft
huL sometimes la ISSMSL ttft *£ Afi & ISSSSL BlllTlrt
At over thirty and ££ ia fifty locations. Blfii then
underground and only visible when flir1tt XftXS. "drawn down"
for repair purposes.
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257
W. B. French
There was then no incentive or good reason Cor
piping these industrial wastes and human sewage into cannon
pipe lines, because all such pipeline would invariably be
conveyed a few hundred feet away into the same canals or
the Merrimack River or Concord River to flow away into the
sea. The townships had no sewers large enough in those days
to carry these wastes away, AND INDEED at this much later
day the same is still true.
The City and Town sewer systems gradually built
deep under well paved streets were not constructed large enough
to take care of industrial scouring, dyeing, washing and the
himan sewerage from industrial plants employing from 500 and
up to 3,000 employees at the peak points and since the time
of industrial activities in the cities along the Merrimack
and Concord Rivers.
Thus there is not a single mill on the entire
Merrimack, Nashua or Concord Rivers which does not have a
multiple pipeline sewage discharge problem into existing
canals, penstocks, tail-races or the rivers themselves.
Very few of the existing city and town sewers
would even be ONE QUARTER the size necessary, if all of the
mill discharge and sewerage could be gathered together into
coumon snaps and pumped into too-small city-sewers nearest
to the industrial plants.
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238
W. B. French
No estimate have been prepared to evaluate the
piping costs that every producing and labor employing plant
would have to install in order to discharge the hundreds of
thousands of gallons which that and other plants would direct
into city sewers.
In most instances the cities would be obliged to
enlarge the existing sewers and build larger and biggpr
sewers aeep under well paved streets all at great cost to
the municipalities and towns. None of these absolutely
necessary costs have been included in this report and esti-
mate .
All such mill sewage and industrial waste piping
costs would have to be installed at premium overtime labor
rates, on Sundays and Holidays, because a greater portion of
the work could only be performed when the canal systems are
drawn down.
Normally the canals are drawn only once or twice
on emergency only from November 15th through March 15th be-
cause water in low exposed pipes would freeze and that ice
would be drown into expensive and high speed centrifugal
pumps the first operating day following the draw.
Overtime labor in the drawn canals is very unpopular
and many mechanics and pipers refuse the work which sust be
done in hip rubber boots.
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259
W. B. French
Only the naive or completely uninformed could pos-
sibly visualize the multitude of complications which will
have to be solved and vorked out if existing mill toilets
sometimes numbering 200 to 400 and as many more mill sinks
all have to be piped together and pumped over the hump "so-
to-speak" into a nearby city sewer much too small to receive
their flowage.
In plants employing 1,000 to 4,000 employees (com-
bined tenant labor use) these newer and outlined requirements
will sound a death knell to all such plants, because the
income from industrial rental concerns, of which there are
over one hundred over the entire length of the rivers* just
barely pays for the higher heating costs, the city, town,
county and state taxes, the maintenance of higher priced
acres of roofs of which less than 5% are newer than 15 years
old, and the constantly expanding requirements of city,
town and state labor and safety elevator requirements, to
mention but a few.
Many of such industrial tenant renting firms now
are on the fringe of becoming no longer able to pay the
rapidly advancing overall costs. Many of the leases are for
3 to 5 years duration and no Increase in rental Is possible
for many months.
There has been no mention of how these hard pressed
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W. B. French
industries already being lured into greener pastures amd into
nearby tax-free single-storied mill locations elsewhere,
merely to obtain the augmented yearly payrolls, will ever
find money enough to make possible these constantly expanding
demands upon such meagerly industrial capitalized systems.
The State and Federal Government nor the Cities and
Towns cannot expend public funds to improve existing facili-
ties located in privately owned industrial properties.
In fact the State and Federal Government thus far
have not even indicated any intention of contributing more
than a 12 to 15% of the cost involved, which is hardly enough
to pay for the engineering surveys and blueprints necessary
to engage in the work.
In larger pLints involving industrial floor areas
of 300,000 to 1,000,000 square feet, the possible Initial
cost of complying with these plans and requirements would
run from $100,000 to $500,000 to be entirely borne by a hard-
pressed owner or management, in many cases remotely owned
under distant plant directorahip. How long do you think
disinterested remote ownership will continue to pour money
into multi-stored buildings with sometimes 10 to 15 out-
dated and soon-to-be condemned elevators under the new state
code, and with roofing replacement problems that in some
cases will involve expenditures of a quarter of a million
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W. B. French
dollars in a single plant over the next ten years.
All such plants have bean living off-their-fat, but
there coses a tine, and soon, when all elevators within the
state and all roofs over 15 to 20 years old will have to be
rebuilt and replaced.
The mills of the Merrimack and Concord Rivers are
on wav out!!! And with then will go the jobs of
18,000 working people in the mills and 15,000 people who
serve surrounding community needs of a greater Lowell
Community.
The results of this Pollution Study and Survey,
and its attendant costs, together with the time limit on
replacement of all elevators older than a few years at a
cost of from $20,000 to $30,000 per elevator COULD WELL BE
THE STRAWS THAI WILL BREAK THE CAMEL'S BACK.
If the State Boards of Health in the two States
are absolutely truthful, they would be obliged to declare
that the Merrimack and Concord Rivers at this time are less
polluted and actually cleaner by comparison than for many
years of the past.
Large groups of polluting industries, wool scourers,
tanners and bleacheries have cloaed their doors and, in many
casas, torn down their buildings, and on Page 2 of Chapter 1
of the introduction of the raport, it is opanly stated that
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W. B. French
many of the polluting industries present even as late as 1946
have left the area and as a result the organic pollution by
industries has DECREASED BY 70*.
Fish are beginning once more to be caught from
these rivers from the sea to the New Hampshire line, and from
there northward to their sources.
The plans as outlined in the Report by Camp,
Dresser & McKae are far from a full solution of the pollution
problem if there is such a problem.
The plans that are contemplated will involve
local neighborhood nuisances wherever local
treatment plants are located. In Lowell at
the Tewksbury Town Line along the southern
shore of the Merrimack River at the foot of
Burnham Street, there will be large acreage
devoted to the treatment of hianan sewage, and
industrial waste products with all the attend-
ant odors and obnoxious aftermath, and right
in the middle of a large housing development.
Storm water discharge from all city streets during
heavy thunderstorm and river freshets could well cause the
entire system as planned, to back up and overflow.
In fact the report lts«lf on Page 2, 3rd Paragraph,
says:
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263
W. B. French
"During and following rainstorms combined
sewers will carry mixed sewage and storm water
to the river - EVEN AFTER CONSTRUCTION OF THE
NEW WORKS PROPOSED HEREIN, OVERFLOWS OF MIXED
SEWAGE AND STORM WATER TO THE RIVER WILL RESULT
FROM RAINFALLS.
And the report says:
"We estimate that about 30% of the annual load
of bacteria and suspended solids and 10% of
the BOD may discharge to the rivers in the
overflows due to just rainfall.
What a mockery this will be. After all the money
is spent, STILL RAW SEWAGE FLOWING INTO THE RIVERS after
every heavy rainfall.
The ultimate goal hoped to be accomplished by all
this tremendous expenditure largely out of local taxpayers
under existing maximum allowances by State and Federal funds,
is to recommend that the dissolved oxygen content in the
river water from the New Hampshire line to the ocean be
maintained above 4 ppm (parts per million) and the engineers
state that a dissolved oxygen content of 5.2 ppm is likely
to prevail in the Merrimack River at its entrance into
Massachusetts at the State Line of New Hampshire.
In other words, it means that with all these
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W. B. French
required improvements in Massachusetts, it will be the aaxi-
tmgn goal to be obtained to not have greater than 1.2 ppm
increased dissolved oxygen in the river than what is expected
to prevail at the New Hampshire State Line after the river
has flowed from Nashua to the State Line of Massachusetts.
These tremendous fir6t costs running into nearly
$160,000,000, however, will not be the final costs to be
paid by the taxpayer.
ALL METERED IvATER USERS Ifc THE WATERSHED OF THE
CONCORD AND iMLR&UrfACtf k LVERS will be assessed in one manner
or another for a service charge for use of this system if
installed. These charges would also be assessed even to
users of privately owned septic tanks (see The report of
the Engineers says on Page 5).
It is recommended that construction costs
for the proposed sewage works be assessed
against the general property tax, and that
operation costs be paid by those having
connections to the sewers, on the basis of
their water consumption. Using this method
of assessment, we estimate that the cost per
year for an average family served by a sever
would range from about $28 in Westford to
about $68 in Methuan; and for an average
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W. B. French
family not served by a sever, £rom about $12
in Westford to about $46 in Salisbury. The
estimate for Lowell is not expressed but will
exceed $65.
Take five in a family. That's a pretty big lump,
isn't it? I think it would pay for quite a few kiddy-cars,
coats and shoes*
THE HEAL PREDICTED COST OF THESE IMPROVEMENTS ARE
OUTLINED ON A SUMMARY TABLE 48 LOCATED BETWEEN PAGES 214 and
215.
NOW HEAR THIS:
In 1970 after all this work has been approved and
completed:
The Average annual cost per person served by
a sewer will be in LOWELL $14.90.
The annual cost per person not served by a
sewer (a private owner with a septic tank)
will be $9.15.
The increase in the Lows11 Tax Rate for 1970
will be $10.49 just due to construction cost
alone.
The City of Lowell's share cannot be less than
25 million dollars and LOWELL'S share of the ANNUAL COST OF
OPERATION will be over $500,000.
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W. B. French
It is a strange twist of fate that the location
of Lowell upon the Merrimack River, which caused its indus-
trial growth, is now the factor under the dreams of the
birch bark canoe association, recreation or bust societies,
and the Isaak Walton's, who never would fish or bathe in
the Merrimack Hiver anyway - which will SOUND THE DEATH KNELL
OF THL INDUSTRIAL DEVELOPMENT ALONG THE BANKS OF THE MERRI-
MACK AND CONCORD RIVERS.
The wiser and earlier members of the General Court
of Massachusetts recognized and acknowledged that the Merri-
mack and LOWER CONCORL RIVERS were workhorse rivers.
They knew that to encourage industry to locate and
stay within our state, that these rivers must continue to
serve industry and the cities along their shores.
Let us hope that the present members of the General
Court will continue to regard the needs of industry and the
large weekly payrolls, as the paramount needs of the whole
people.
Let the members of the General Court deeply appre-
ciate that the entire voting population of the Merrimack
Valley rejected a similar and less costly proposal in a
REFERENDUM in 1946 by a vote of 3 to 1 against.
Thank you very much.
MR. STEIN: Thank you, sir. Are there any questions?
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W. B. French
I do feel constrained, if you don't: mind, Co Men-
tion this. I know the State of Massachusetts contracted with
Camp, Dresser & McKee and it did cost $80,000. To check the
one paragraph whicn I question, I think ve should flag it
for people who read the report, because there were capitalisa-
tions in your statement which 1 did not read in the report,
and there was a condensation of that paragraph.
You are perfectly free to do that for the record,
but I think at this point we should flag that for Camp,
Dresser & McKee.
MR. FRENCH: Ve want nothing to appear in the re-
port that isn't in Camp, Dresser & McKee's report. That is
the bible of this paper.
MR. SOGERS: I have a couple of points here.
MR. STEIN: Yes, sir.
MR. ROGERS: Possibly to clarify the record. The
second phase of Camp, Dresser & McKee's recommendation is to
take care of thase overflow problems.
MR. FRENCH: At a different and higher cost. It
is not included in any estimate at present.
MR. ROGERS: It is Included in the $140,000,000
estimate.
MR. FRENCH: I'm sorry; 1 think you ar« right.
MR. ROGERS: The $90,000,000 estimate covers the
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W. B. French
first phase, and the additional covers the second phase in-
cluding the overflow; isn't that right?
MR. FRENCH: But no estimate for the increased cost
to industries and municipalities; isn't that correct?
God help us.
MR. STEIN: Thank you.
MR. TAYLOR: Mayor Lawler of the City of Newbury-
port.
STATEMENT OF GEORGE H. LAWLER, JR.
MAYOR, CITY OF NEWBURYPORT, MASSA-
CHUSETTS
MAYOR LAWLER: I am George H. Lawler, Jr., Mayor
of the City of Nevburyport.
1 am very pleased to be here today to attend this
conference with members of the Federal Government. I «b
perhaps one of many in the room here who are glad to see them
here in Massachusetts today.
I have listened to the testimony here since 9:00
o'clock this morning. I have as yet to hear anybody deny
the fact that the Merrimack River is not polluted or that
sonething shouldn't be done about it.
In the City of Nevburyport, in the year 1963, we
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G. H. Lawler
broke ground on the 29th of June on the construction of a
sewage treatment plant. The cost to the City of Newbvryport
was a $550,000 bond issue. We originally asked for 888, and
the bids cane in low. We received $550,000 from the Federal
Government, of a total cost of one million one hundred and
some odd thousand dollars.
The ten members of the eleven-member City Council
voted for this bond issue. We had the backing of many local
couminities and people in the city who realized the cost and
wanted this done.
Local industries cooperated 100 per cent. We even
had a local industry in town that it was going to cost some
money to do same work to change this around, that donated
the land to the City of Newburyport to build one of their
pump stations.
1 would like to have these facts on the record,
because 1 don't believe the opposition in many of these com"
munities is what it is always claimed to be. I think when
the cases are broken down, when the facts are known, the
attitudes of a lot of people will change.
Admittedly, the cost of this project on the Merri-
mack River is a lot of money. But, gentlemen, right now,
one fact that everybody is overlooking is the fact that we
do not, even at this point, have a program for doing this
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G. H. Lawler
in the Merrimack Valley.
We are talking of a coat of.$94,000,000. Over how
long a period of time, over what, nobody can say. The State
of New Hampshire has a program. They have made tremendous
strides in cleaning theirs up.
I dispute some of the figures that were given here
today when the report says that 70 per cent of the industrial
waste in the Merrimack River has been taken care of over the
years. That's true. They don't tell you how much domestic
waste has been added in the record. When they tell you only
one percent of the monies allotted to the State were due
to the project, they are claiming that $94,000,000 in one
year or one program.
That isn't the answer, gentlemen. Under the Federal
law, if the money is available, each community is allowed
30 per cent if they want to do it alone. That is the true
factual figure. The City of Newburyport, under an Accelerated
Public Works program, had 50 per cent money available. We
would have had 30. We picked up an extra 20 per cent by
being in an A.R.A. area and going after a public works grant.
1 think the approach to this thing is for everybody
to agree that the Merrimack River is a problem, that it is
polluted. A program should be set up and established. Legis*
lation should be enacted for more Federal money, a higher
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G. H. Lawler
rate of grants. The State should participate, We should
face our responsibilities and proceed with them.
1 think a program is needed. 1 think a lot o£
hysteria and high costs have been thrown around. 1 am a
little bit concerned when I read in this statement that the
conference is going to be recessed. I hope it isn't going
to be dropped and forgotten. From this, I would like to see
some planned action for the cleanup of the Merrimack River
this year.
In July of this year, when the Newburyport plant
is completed, I would then say that I would not let the re-
sponsibilities of the City of Newburyport be neglected by
the up-river coonunities. We have faced our responsibilities
with the assistance of the State and the Federal Government.
We hope we can help them to face theirs.
Thank you.
MR. STEIN: Thank you very much, Mayor. Are there
any comments or questions?
(There was no response.)
MR. STEIN: Mr. Taylor?
MR. TAYLOR: Eugene Crane, Southwell Combing
Company.
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E. F. Crane
272
STATEMENT OF EUGENE F. CRANE, TREASURER
AND GENERAL MANAGER, SOUTHWELL COMBING
COMPANY, NORTH CHELMSFORD, MASSACHUSETTS
MR. CRANE: The comments I am going to make now
I have made several times before. They are typical of the
thinking of various industries in the Greater Lowell and
Greater Lawrence areas. This same problem has been discussed
many times up there.
My name is Eugene F. Crane. I am the Treasurer
and General Menager of Southwell Combing Company, North
Chelmsford, Massachusetts.
Southwell is a wool and synthetic combing plant
which uses many hundred thousands of gallons of water dally
in its various operations. Ve agree, along with everyone
here today, that the natural water resources are most impor-
tant to any coaaunity and, as such, they must be preserved.
1 am not going to bore you with facts and statis-
tics, but I do want to go on record as follows:
This company employs approximately 700 people,
with an annual payroll in excess of $2,500,000. This is
new money from outside which is pumped directly into the
Greater Lowell business stream each week. This is not
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273
E. F. Crane
circulating money which merely makes the rounds from the mer-
chant who pays the insurance agent, who pays the doctor, who
pays the nurse, who pays the grocer, who, in turn, might well
pay the merchant with the same dollar he received from the
nurse.
We pay an electric bill o£ about $10,000 a month.
We pay local real estate taxes o£ about $33,000. Wherever
we can purchase or subcontract locally, we do so.
As esqployers, we favor local residents in our
hiring policy. I might add here that the textile industry
has a somewhat undeserved reputation for not being steady.
It is true that on a seasonal basis, we might take on 125
to 200 people each year who would be subject to some turnover;
however, what most people don't realize is that we do employ
a hard core of 600 people for whom work exists 12 months of
the year. Year in and year out, I think our employment
compares favorably with the so-called "glamour industries"
which, although little is said about them, are either all
up or all down.
We have followed an active policy of cooperating
with town officials. We participate in charitable and com-
munity causes such as the United Fund, etc. We have contri-
buted to all community enterprises such as the Little Laague,
safety programs, Halloween programs for children, police
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274
E. F. Crane
band uniforms, ate.
As an industrial citisen of the town, we feel a
civic obligation to raise our voice frcn time to tine en any
matter which we think is of mutual interest to ourselves and
che community. This is why 1 am here today*
This matter of stream pollution has many different
facets. Do we want the Merrimack River and its banks to be
a park for recreation uses only and the like, or do we want
to maintain a vital economy which will support many active
industries, which may be the life blood of all these cities
and towns along the banks?
Everyone should be constructive - no one wants to
look back 25 or 50 years. Many of the industries which pos-
sibly did pollute the streams are long since out of existence,
but 1 think a good deal of thought should be given to the
matter before us before we go head-long into stream pollution
controls and projects which could cost many millions of
dollars to industry and to the community. Something such as
this might well be the straw which could break the back of
some of these industries.
Pleasure activities such as boating, swimming and
fishing along the rivers and natural waterways are Important.
Industry is also certainly important. We should give care-
ful, deliberate thought to a proper balance between these
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275
E. F. Crane
things. We should keep well in mind the fact that if you want
to maintain a prosperous economy, it i6 industry in this area
which must do it.
This is all I have to say. Thank you for listening
to me.
MR. STEIN: Thank you very much.
MR. PALAZZI: Can t ask you one question?
You told us what you did on Halloween for the
children, but you haven't told us what you propose to do
about pollution.
MK. CBANE: What 1 wanted to bring out and stress,
and you probably missed what my point was, was that we are
active in the community and we participate in all caanunity
activities.
What was the second part of your question?
MK. PALAZZI: I wanted to know what your company
proposed to do about pollution.
MK. CBANE: At this minute, we don't know what we
can do, because even though you people have been studying
this program and problem since 1928, and we have had two
(
meetings, one with Mr. Worthen Taylor in the Lawrence Experi*
ment Station about six or seven months ago, and several
others, the wool scourers and cambers in the New England
area spent about 75 or $80,000 along in 1938, and additional
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276
£. F. Crane
money it) 1942, probably to Che tune of 35 or $40,000, doing
various things in our own plants to eliminate the effluent
that does go into the stream.
I think the various companies involved that I am
familiar with have done a considerable amount to try to cut
down the effluent going into the stream.
Again, I thj^k somebody earlier said that most of
these virus and bacterial infections are not caused by in-
dustrial waste. They are caused by domestic waste. There
are not anywhere near the amount of industrial wastes going
into the river now certainly that had been going in 25 or
30 years ago.
A statement was made at one of the earlier meetings
by someone in the Massachusetts Department of Public Health
that it isn't a question of the Merrimack being hygienically
clean. It should be made aesthetically clean. I believe
those were the words that were used.
MR. PALAZZI: Thank you.
MR. STEIN: Any further comments or questions?
MR. CRANE: None that I have.
MR. STEIN: Thank you very much, sir.
While you are calling on the next speaker, Mr.
Taylor had also submitted, with the Camp, Dresser & McKae
report, the final report of the Nashua River Survey submitted
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277
A. J. Gillis
by the National Council for Straw Improvement of tha Pulp
and Paperboard Industries, Inc., New York, New York, dated
January 15, 1964.
Without objection, this will alao be made an ex-
hibit, but will not appear in the transcript.
(The exhibit above referred to will be found in
the files of the Department.)
MR. STEIN: All right, Mr. Taylor.
MR. TAYLOR: Mr. Andrew J. Gillia, former Mayor
of Newburyport.
STATEMENT OF MR. ANDREW J. GILLIS,
FORMER MAYOR OF THE CITY OF NEWBURY PORT,
MASSACHUSETTS
MR. GILLIS: I am Andrew J. Gillia, Newburyport,
Massachusetts, six tines Mayor.
When I was first Mayor of Newburyport way back
in 1928, 36 years ago, I used to figjbt the State Board •£
Health, Dr. Blgelow, which probably same of you people re-
call. I figured then that tha State Board of Health was
nuts, and I still figure they are a little bit off the beam
today. Of course, same of you fellows don't know Dr.
Bigs low vrnmd up in a pond, I think, and Gillia is still
-------
278
A. J. Gillis
around.
I have been against this Merrimack River pollution
program since it started. I would like to have Worthen
Taylor of the State Board of Health and other members hire
a boat in Newburyport next sumner when the veather clears
up.
There was a tax bill in Massachusetts in 1887. My
mother, an immigrant woman in 1887, and me since 1926, a
period of sixty odd years - I think I've got the right to
gas a little bit.
1 would like to have the Massachusetts Department
of Health take me on a cruise up to Haverhill on the Merri-
mack River and show me all this pollution, show me all this
excretion, all this waste matter, dirty matter. 1 would
like to have a free ride as a taxpayer. I'm a substantial
taxpayer in Newburyport and have been for a good many years.
A lot of you people think I'm a comedian. I'm a
rugged Individualist. I can pay my way. Nobody has to give
me anything. I give a damn for nobody. I can be as rough
and tough and as nasty as anyone who comes along the line.
I fear no man, no woman, nobody, and I say that Massachusetts
ought to take us in Newburyport and show us all the pollution
and all the waste matter in the river.
I used to fight about the elams. I walked in the
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279
A. J. Gillis
clan flats. In fact, 1 was there ami dug for clams, ami we
made money for years, but of lat* years, we don't do it any
more.
We had the State take us over. It's too bad that
the State of Massachusetts and the Capitol in Washington
don't give us all a handout so we wouldn't have to work.
I like to hear a man like Mr. French talk. I
would like to hear the other men talk. I say all this cor-
ruption, all this waste matter and all this refuse in the
Merrimack River, I would like to see it as far as Haverhill.
I would like to have Mr. Celebrezze of Cleveland tell me
the Cuyahoga River and Lake Erie are cleaned up yet. I don't
believe they are.
Now, getting back to hewburyport, we built a plant
down there. Here is what I always objected to. The Merrimack
River 8tarts up here in Franklin. We come all the way down,
down into New Hampshire, down into Lowell, Lawrence, Haver*
hill, Amesbury, Merrimac, Salisbury and Newburyport. And
Newburyport has to go for $550,000 of our local taxpayers'
money, a bond issue beyond the city limit of debt. We have
to go to the State and ask them can we extend our bonded
indebtedness. And, of course, the people in the State house,
they don't care whose money they spend. Anybody can spend
your money, anybody can spend my money, but it takes a good
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280
A. J. Gillis
man to keep his own money.
I'm a gasoline dealer for 42 years, ami I still find
it quite a job to pay my bills, but to date I pay them. I
enjoy a pretty good reputation in the business world in my
line, the gasoline area, and if you don't think there ara
any banking connections in Newburyport, ask the bankers about
Gillis. The old bankers used to say that Cillis was the best
financial man Newburyport ever had.
You couldn't be Mayor six times and not have some-
thing. Of course, you have heard the Mayor talk, the captive
Mayor. He is still Mayor Zabriskie, and my remarks will be
taken back.
You people don't know Newburyport any more than I
know Lowell and your other cities* I know the story. I know
how they keep bosses out at this time. 1 was told to keep
my mouth shut. I did, and I got beaten, but that's all right.
1 ain't beat yet.
But why should Newburyport have to go for $550,000
of our taxpayers' money. And you would think down in Washing-
ton that Washington was giving you that dough. You would
(
think Washington was. 1 wonder where that dough cooes from.
It comes from suckers like you and I here, and Mr. French,
the man that's out trying to make a dollar. It ain't coming
from these goldbrickers here that are getting paid by the
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281
A. J. (illlis
Federal Government and the State of Massachusetts.
I'm here at my own request. I'm here paying ay
own freight. These fellows are getting a salary for it. You
can't blame them. Everybody likes to be on the payroll. I
used to be on the payroll at Nevburyport for $1,200 a year.
You heard my story. I could go on and tell you a
lot more. The story ain't over in Newburyport yet. This is
1964. I'll give you a report in four or five years, when
1 make the prediction now ana openly -- the papers can carry
it -- that the State of Massachusetts will send a commissioner
to take Newburyport over, like they did Fall River in the
depression days, and don't think I'm kidding. 1 think a man
who has been six times Mayor of an old commercial town can
say it. It is really up against it. We have no industry.
We are almost broke.
They think it's a grand thing that we can spend
all the money like a drunken sailor on a spree. A lot of
you people are smiling. A lot of you people are laughing.
Just you wait. I'll give them five or six years, and I say,
and 1 am confidant in saying so, that Newburyport will have
a man from the State house running our industry.
Mr. Taylor knows ma for years, and 1 know him, and
I say to Mr. Taylor that in the town of Newbury, the parent
town of Newburyport, he ought to suggest to his town residents
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282
A. J. Gillie
chat they put Id a sewer for the tamo of Newburyport. I'll
bet they would be run out of the town of Newbury.
Thank you.
MR. STEIN: Thank you, Mr. Gillie, for a forceful
expression of your view.
Mr. Taylor?
MR. TAYLOR: I would like to say for the record
that Mr. Cillis has been not only Mayor of the City of
Newburyport for these six times, but I look upon Mr. Gillis
as a very good friend of mine. 1 never go through Market
Square without speaking to him when it is possible.
Though I don't think we have ever had a cross word
between ourselves, I might say that back in 1930 or 1931,
when he was Mayor of the City of Newburyport, he brought me
back from the City of Chicago to be in charge of the Newbury-
port treatment plant, and I have always been very much in*
debted and have felt very kindly towards Mr. Gillis all of
this time.
The next speaker will be Raymond Greenwood, who
is a Selectment from the Town of Chelmsford.
Mr. Greenwood.
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A. J. Greenwood
263
STATEMENT OF RAYMOND J. GREENWOOD,
SELECTMAN, TOWN OF CHELMSFORD,
MASSACHUSETTS
MR. GREENWOOD: I am Raymond Greenwood, the Chairman
of the Board of Selectmen at Chelmsford.
Mr. Chairman and Members of the Conmission:
I only have a few words to state, a few statements
in regard to some of the statements made here today. I wish
to go on record as making a few consents.
Senator William Hayes of our district intended to
speak here today, but he had to leave for session in the
Senate. He has authorized me to say that whatever statements
1 make would mirror his thoughts on the matter.
We have heard a lot of technical reports here today.
They have been very lengthy. There have been very many
studies. The only study that is missing that I can see is
a study of the financial capabilities of the coanunities to
comply with such a program.
It also seems to me that the issue of recreation
has taken a bigger place in the discussions than the issue
of public health.
I believe that we all recognize that there is a
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284
&. J. Greenwood
condition in cha river. I m« Indications that Cht camnl-
ties have all made efforts or are aaklng efforts or studies
for contribution.
I know in our town we have applied for a loan •• it
has been granted -- from the Federal Government to study the
feasability of a sewerage disposal system. Our industries»
as mentioned by one of the speakers here, Mr. Crane, and the
other industries have come to us and they have been willing
to cooperate to the fullest.
I notice that all these coumunitieb are all in
agreement to study, 'ltiey are in agreement that there is a
condition, but they are all stopped at the brink of destruc-
tion because of the financial situation involved.
rhe only community that seems to have succumbed in
this situation is Newburyport, and there is some indication
that there is a little difference of opinion down there.
but 1 would like to stress the fact that these
studies always end up in the situation of the economics of
the matter, and this is where 1 believe that we would have
to have more help from the Federal Government. We would
have to have higher subsidies to be able to carry out these
programs.
1 represent a town of 19,000 people, Aich has
doubled its population in twenty years. With the schoal
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285
ft. J. Greenwood
growth and Che other necessary growths and departments, now
to contemplate the expenditure of funds for a sewage disposal
system would be completely out of the question, and I would
like to go on record as saying that if this were a program
that was subsidised by the Government to a greater extent
than it is now, 1 am sure the communities would be falling
in line to correct these conditions, but under the present
situation, I believe that it is an awful cost to bear for
fishing and recreation.
Thank you.
MR. STEIN: Thank you. Are there any comments or
questions?
(There was no response.)
MR. STEIN: If not, Mr. Taylor?
MR. 2AYL0R: Mr. Chairman, I have here a statement
by Mr. Charles H. V. Foster, the Commissioner of the Massa-
chusetts Department of Natural Resources, but before putting
it into the record, I wonder if there are any others from
Massachusetts who wish to make a statement?
(There was no response.)
MR. TAYLOR: If not, Mr. Foster would like this
put into the record, and I think that it would be well to
read it into the record, as well as to give you a copy.
MR. STEIN: Fine.
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C. H. W. Foster
286
STATEMENT OF CHARLES H. V. FOSTER,
COMMISSIONER, MASSACHUSETTS DEPART-
MENT OF NATURAL RESOURCES
I am Charles H. W. Foster, Commissioner, Massachu-
setts Department of Natural Resources, among whose statutory
responsibilities are those relating to outdoor recreation,
marine and sport fisheries and water resources.
I am also privileged to serve as an officer of the
New England Interstate Water Pollution Control Commission;
as a member of the Merrimack River Valley Flood Control Can-
mission, apd as an agency representative on the Special Com-
mission established by the Massachusetts General Court to
consider present conditions of pollution within the Merrimack
River valley.
May I say at the outset that I fully endorse the
desire of all parties to achieve a cleaner river and parti-
cularly admire and respect the efforts of the Massachusetts
Department of Public Health to find equitable solutions to
the problems at hand.
Ity remarks will focus principally on the fields of
recreation, fisheries, and water resources, areas of respon-
sibility with which my Department is officially charged.
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287
C. H. W. Foster
In terms of public outdoor recreation, the Depart-
ment has been interested in the Merrimack River for almost
a decade. A comprehensive master plan on Public Outdoor
Recreation in Massachusetts prepared by the Department in
1957 listed the Merrimack River as one of seven principal
outdoor recreation regions in the state. The report cited a
need for one and one-half times the facilities available in
1957 i£ the predicted requirements of the region vere to be
adequate by the year 1977.
As the result of this report, a thorough study of
Che potential of the river for outdoor recreation was insti-
tuted in 1961, and it is now the opinion of the Department
that the Merrimack Kiver area, given an accelerated pollution
abatement program, could became one of the foremost regions
for outdoor recreation within the Commonwealth.
The river is now intensively used for boating and
fishing purposes and the construction of Interstate 495 will
render the area even more available to the two million people
who now reside in the eastern portions of Massachusetts.
In accord with this projected demand, the Public
Access Board of the Department of Natural Resources has
currently authorized for construction additional boat access
facilities at the mouth of the Merrimack River in Salisbury.
The Department also visualises a linear river
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288
C. W. Foster
reservation ranging the entire tidal length of the river
designed to protect the significant historic and open space
values so characteristic ot the Merrimack valley.
It is also hoped, through a series of acquisition
and development projects, that a chain of riverside parks
accessible both by land and by water can be developed to
provide additional opportunities for public recreation along
the river.
In the field of sport fisheries, improvements in
water quality due to the decline of the textile industries
has made the Merrimack River a most popular area for fisher-
men. In recent years sizable runs of striped bass have been
reported as much as ten miles up river, and the tidal nature
of the river system makes the potential for sport fisheries
among the most promising of any water area within the Common-
wealth .
For these reasons, the Department has scheduled the
Merrimack River as one of the initial areas for an intensive
estuarine survey designed to discover ways in which the
fisheries resource can be better managed and utilised for
commercial and recreational purposes.
The survey of the Merrimack estuary was initiated
during the spring of 1963 and is only partially complete at
this time. Preliminary results, however, indicate that there
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289
C. H. W. Foittr
is considerable promise for the restoration of shellflsheries
which were of considerable value to the city of Newburyport
and neighboring communities during the 1920*s and 30's.
The above potential, however, vill rest in major
part upon an effective pollution abatement program, not Just
in the Newburyport area, but for the river as a whole.
With respect to water resources generally, the
Water Resources Commission, which I am privileged to head as
Chairman, considers the Merrimack River one of the last major
surface water sources in Massachusetts with still untapped
potential. It is currently used for a variety of industrial
purposes and to a considerable degree for agricultural and
recreational activities. In addition, the cities of Lawrence
and Lowell have turned to the river for additional sources
of supply, and unless an extension of metropolitan water is
brought into the valley, additional communities will be forced
to seek river water to augment their present sources.
The Massachusetts General Court, in recognition of
the serious water problems in this valley, has authorised
several comprehensive studies which have not yet been accom-
plished due to lack of funds, but there is every evidence of
a growing concern by communities within Essex County as to
their future needs in the water resource field.
In short, it should be obvious by this and previous
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290
C. H. W. Foster
testimony that the Commonwealth is well aware of its problems
in this region and is actively seeking satisfactory solutions.
As evidence 1 would cite the newly formed Central Merrimack
Regional Planning District; the water resource studies au-
thorized by the Massachusetts legislature, the encouraging
progress in flood control undertaken through the programs
of the Merrimack River Valley Flood Control Couiuission and
the Corps of Engineers; the pollution abatement works now
being accomplished by several communities within the valley;
and the comprehensive report recently prepared by the Massa-
chusetts Department of Public Health concerning conditions
in the river.
May 1 also cite a recent citizens conference on
pollution in the Nashua River, spearheaded by the conserva-
tion commissions in this sub-basin, with the resultant
decision to form a regional association of Interested citizens
and agencies to help develop a comprehensive water pollution
control program in this portion of the Merrimack valley.
As a major beneficiary of any abatement program,
my position is somewhat simple. The Department of Natural
Resources would clearly like the maximum amount of pollution
control in the shortest possible space of time. We recognize„
however, the sizable problems that lie ahead and the faet
that the entire economy of the valley could well be affected
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291
C. H. W. Foster
by the financial investment required for a job of this mag-
nitude .
Our position is, therefore, one of reasonableness
with emphasis on assistance rather than compulsion, and I
trust this attitude vill be shared by the Federal agency
involved in these proceedings.
I would recommend a concerted, cooperative effort
ac all levels of government with a determined attempt shared
by all parties to seek successful way6 of financing an
effective abatement program.
Lastly, 1 would recommend that the Department of
Health, Education, and Welfare make it a prime condition of
this conference not to utilize additional steps available
to it by law until all existing avenues of the states con-
cerned, and their interstate contact, have been exhausted.
MR. STEIN: Thank you Mr. Taylor.
Are there any comments or questions on that state-
ment?
(There was no response.)
MR. STEIN: Massachusetts rests.
i
Is there anything that anyone wants to add to the
discussion?
MR. ROGERS: Is Mr. Markhaai still here? Did you
want to sake a statement? Mr. Markh— was called earlier.
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292
T. F. Markhan
He is with the Area Redevelopment Atainistration, United
States Department of Commerce.
STATEMENT OF THOMAS F. MARKHAM, FIELD
COORDINATOR, IK S. DEPARTMENT OF COMMERCE,
AREA REDEVELOPMENT ADMINISTRATION
MR. MARKHAM: I, like yourself, Mr. Chairman, have
been sitting this out all day. I know you want to bring this
conference to a close.
I merely want to state, in behalf of William L.
Batt, Jr., that Mr. Batt wants to be recorded in favor of
effective pollution control in the Merrimack and Nashua Rivera.
Modern society, through its increasing use of water oriented
activities, expects that streams be protected so that they
can perform functions that add to the well being of the
area's population.
Effective pollution control begins with the handling
of wastes at the source or enroute to the stream. Effective
pollution control is badly needed along these two rivers if
the communities along these rivers are ever going to pull out
of the economic decline that they are now in.
The City of Lowell, which is one of the principal
cities along the Merrimack River, has been a labor surplus
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293
T. F. Markham
area for a long cine. Just yesterday, the U. 8. Department of
Labor named Lowell as one of four labor areas In the country
that vent over 9% of the national average of unemployment
during the month of January.
Lawrence and Haverhill both are classed as labor
surplus areas* These two cities also with Lowell rank with
the highest welfare rates in the State.
Out-migration for a disproportionately large msober
of prime working-age people, along with the lack of opportun-
ity for youth seeking work is a subject of great concern
along the Merrimack Valley.
In his State of the Union message, President Johnsoti
called for.unconditional war on poverty. There is much to be
done here.
The City of Newburyport has led the way for the
rest of the communities along the Merrimack Valley. It has
its sewerage treatment plant 65% completed. This was made
possible through the Accelerated Public Works Program of the
U. S. Department of Commerce (A.&.A.). This was made pos-
sible by the city providing 50% of the cost and the Federal
Government (A.&.A.) providing 50%.
Ve in A.R.A. are a "bank of last resort," but as
such we can help. If our legislation is passed this year —
and we are confident that it will be — we may again be able
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294
T. F. Markham
Co provide grants where necessary for public facilities such
as sewerage treatment plants.
Thank you.
MR. STEIN: 1 might point out that Mr. Batt has been
interested in water pollution control projects. In nesting
with his top staff representatives, or two of them, a week
or two ago, they asked us for a list of cities which were
covered by these conferences, so they could give that con-
sideration in the processing of applications for aid under
the program.
We work very closely with them and have worked
very closely with them on the accelerated works progrra and
other aspects of the program.
MR. MARKHAM: I might add, Mr. Chairman, after
listening to our Number 2 salesmen, both Representative
Zabriskie and Mayor Lawler of Newburyport, Newburyport being
the first city along the valley that took advantage of the
Accelerated Works Program and applied for aid in grant monies,
and, aa the Mayor said, the project will be finished this
coming July.
Thank you, sir.
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295
Closing Statement - Nr. Stein
MR. STCIN: Thank you very much, sir.
Are there any comments or points of discussion
before we attempt to summarize?
Do you have any, Mr. Rogers9
MR. ROGERS: Yes. 1 want to make these proposals:
That classification of the Merrimack River Basin
be done In 1965;
That plans for financing be arranged for May 1,
1966 j
That plans and spec!-"icatlons be submitted for
all of the communities by May 1, 1966;
That start of construction be made on all these
waste treatment facilities on May 1, 1967•
MR. KNOX: Are you talking about the entire
Merrimack River?
MR. ROGERS: Merrimack-Nashua River Basin.
MR. HEALY: You wish a discussion on that matter
now?
MR. STEIN: Yes.
MR. HEALY: We have offered our plan as to when
this river could be classified.
We are cooperating with the Department of Health,
Education, and Welfare, as you well know, for classification
of the Androscoggin River and its tributaries in 1965 and
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296
Closing Statement - Mr. Stein
1967-
It la Impossible, for the reasons stated In
Mr. Palazzl'a statement, for us to contemplate any such
program as you have Just outlined for the Merrimack River.
MR. LA CAVA: Could I add a question?
MR. STEIN: Would you speak up, please?
MR. LA CAVA: Mr. Rogers, how do you Imagine
that any court of the Federal Government could enforce such
a thing, knowing what the situation ia up in New Hampshire,
knowing o£ the program that is going on, knowing of the
finances that are Involved, knowing of the aids that are
available, and so forth? How do you Imagine you can enforce
such a program as you have Just proposed? Let's be
realistic.
MR. ROGERS: First of all, classification, I
think, was proposed by Mr. Knox on the Nashua River, as
scheduled for classification in 1965.
MR. KNOX: That was the Nashua River only.
MR. LA CAVA: Nothing to do with the Merrimack.
MR. KNOX: Nothing to do with the Merrimack.
MR. ROOERS: On the Merrimack, though, you stated
there was informal agreement as to C classification at the
State line, so definitely you have the studies.
MR. KNOX: We have been working on all these
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Cloving Statement - Mr. Stein ¦*'
rivers for quite a number of years.
As I recall, I stated that Massachusetts proposed
to classify the Merrimack River In 1965- I® that correct?
MR. TAYLOR: 196H.
MR. KNOX: 196*1, rather, and New Hampshire proposed
to classify in 1971.
MR. STEIN: Yes. Mr. Palazzl?
MR. PALAZZI: Mr. Chairman, don't misunderstand
New Hampshire'8 part here. We are not against this. It is
Just a physical Impossibility for 3 to do this. I mean,
with the commitments we have on the Connecticut and the
Androscoggin, we Just can't make it down there.
MR. STEIN: I recognize your position.
MR. PALAZZI: I want everybody to understand.
It Isn't that we are against it. We are not against it.
We would still like to push that button and have it done
tomorrow morning, but we can't do this. We just haven't
got the funds.
MR. LA CAVA: Our assumption is that Mr. Rogers
has some plan in excess of what we have already outlined
to Implement this program that he has scheduled, or is there
nothing behind it?
MR. STEIN: I thought I said at the beginning
we are operating Just on the record here. If there is
nothing beyond this, we don't have the basis for It.
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298
Closing Statement - Mr. Stein
MR. HEALY: We are operating within the framework
of grant funds now available to us.
MR. STEIN: And what was submitted to the
conference.
MR. HEALY: Well, we submitted very clearly In
our statement that if there were to be any acceleration
over and above what was outlined in the Chairman's statement,
that there would have to be additional Federal funds to make
that possible. That is our position.
MR. STEIN: Right.
Mr. Taylor, do you have any comment on this
general discussion before I attempt to summarize?
MR. TAYLOR: Well, specifically, on the matters
that Mr. Rogers has spoken of, I am not sure I understood
about the classification, because Massachusetts is willing
to go ahead with the Merrimack in 1964, and New Hampshire
In 1971. As to the Nashua River, Massachusetts is willing
to go ahead in 1965. I an not sure whether or not there
has been any statement by New Hampshire as to that.
MR. HEALY: Merrimack?
MR. TAYLOR: No, Nashua.
MR. HEALY: Yes, 1965.
MR. TAYLOR: 1965.
MR. HEALY: 1965# y«».
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299
Closing Statement - Mr. Stein
MR. TAYLOR: I think# in the interests of
proceeding along quite regularly on this# that we could put
this down as an agreement as far as Massachusetts Is con-
cerned .
I do say that we want 1964 on the Merrimack# but
we are not interested in whether or not New Hampshire does
it or not, because we are satisfied with what New Hampshire
la doing. We realize that they are having a good program
and are carrying ;¦ t out. However, we must start on our
program imnediately if we are to have a good abatement
program in Massachusetts, so we want to classify the
Merrimack River in 196^ and the Nashua in I965.
MR. ROGERS: Classification by 1965# rather than
in 1965?
MR. TAYLOR: No# in 1965- We cannot have a
classification ahead of schedule because, for one reason,
the New Hampshire legislature has to do the classifying.
MR. STEIN: By the way# I don't think, as close
as we are coming to agreement# that we can set this forward
on what the three groups have said. In this situation#
the only thing I can do is bring back the summary and con-
clusion of the conference and have a conference with the
Secretary, and he is going to make his recommendations.
The way I look at the situation# It can be
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300
Closing Statement - Mr. Stein
summarized as follows:
I think, as far as the Department of Health,
Education, and Welfare is concerned, the pollution of the
Merrimack-Nashua, or the Merrimack system, is occurring both
Inter and intrastate, coming from municipal sources, indus-
trial sources, and storm water overflows, which creates a
health hazard to those who come in contact with the water for
water sports. It deteriorates sources of water supply intakes.
It Interferes with industrial use; creates sludge deposits;
interferes with fish and aquatic lii'e; prevents the passage
of anadromous fish; interferes with recreation; interferes
with the shellfish area, and has resulted in closing the shell-
fish area; creates odor nuisances and sight nuisances; and
interferes with the esthetic enjoyment of the river.
I think the people from Massachusetts and New
Hampshire would agree that the river may be substantially
polluted or materially polluted within the borders of their
States, but New Hampshire would contend that the pollution
from New Hampshire does not endanger the health or welfare of
people in Massachusetts. The people in Massachusetts would
agree with that contention, and the people in Massachusetts
would say that pollution flowing in the river in Massachusetts
does not endanger the health or welfare of people In New
Hampshire.
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301
Closing Statement - Mr. Stein
Those are the different points o 1' view between^
the Federal point of view and the States* points of view
on that. Both of them agree that there Is pollution of
the river. The Federal Government contends that this
pollution has Interstate effects, both States saying it does
not.
As far as the adequacy of remedial measures is
concerned, I think all parties --
MR. KNOX: May 1 interrupt ,juat a minute, while
you are on that point0
Do I infer from that statement that you say inter-
state pollution Is affecting the shellfish life in Newburyport?
MR. STEIN: No. I was not making that contention,
as far as I have heard from the reports here. I don't think
the shellfish situation applleB to New Hampshire, but In
Massachusetts you are dealing with intrastate pollution as
well as interstate pollution.
MR. KNOX: I just wanted to clear that up.
MR. STEIN: That Is certainly correct, Mr. Knox.
As a matter of fact, I am glad you brought that up.
As far as the adequacy of remedial measures is
concerned, I think It 1b pretty clear that both States, the
interstate agency and Federal representatives, don't think
that the measures to clear it up are adequate. That Is
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302
Closing Statement - Mr. Stein
evidenced by both State programs, and by Mr. Knox1 statement.
There are Just not adequate remedial facilities in there now.
The nature of delays Is one of the easy ones to
put our finger on, uecause the theme waB a dominant motif
all day. That 1b the lack of finances and the burden this
would put on cities or industries in the area.
Beyond that, there is a philosophical objection
here where some people might think a better use might be
made of the river to carry away their wastes and be the
way it is, than putting in remedial measures to clean it up.
These views are not shared, as I understand it,
by any of the conferees. This is a conference between the
Federal Government and the conferees. The conferees are
all agreed on the fact that there should be a program to
Improve the quality of these waters.
I think we have substantial agreement on that.
The only difference, as I see it, is as follows: The
question of when it is decided that this should happen, or
the timing of it.
As far as New Hampshire is concerned, they will
recomnend classification for the main stem of the Merrimack
in 1971. Is that correct?
MR. HEALY; Yes.
MR. STEIN: You will classify the Nashua In 1965?
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303
Closing Statement - Mr. Stein
MR. HEALY: Yes.
MR. STEIN: And after 1971, New Hampshire is
proposing about a 12-year program of abatement, to go to
1983.
In a long-range program like that, I think it is
fair to say you are proposing that as a relatively long
program without attempting to give specific dates, unless
you want to make it more specific?
MR. HEALY: You mean as between communities?
MR. STEIN: Yes.
MR. HEALY: I don't think that it Is practical,
and it would be merely extreme guesswork.
MR. STEIN: I am not saying as between communi-
ties, when one should be done or completed. I think the
impact of a long-range program is that --
MR. PALAZZI: Mr. Chairman, we want you to under-
stand that we are going to be improving the river in the
meantime all the time.
MR. STEIN: This is understood, that this program
will be a gradual one of improvement up to 1982, when you
ydll achieve your program of what you are doing, or what
you are proposing, or what Mr. Rogers proposes you have
under construction by May 1st of 1967. All right.
MR. HEALY: Mr. Chairman, if I may Just nterrupt
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304
Closing Statement - Mr. Stein
again9
MR. STEIN: Yes.
MR. HEALY: We did offer that all of the
tributaries would be classified by 1969* those that are not
now classified.
MR. STEIN: All of the tributaries?
MR. HEALY: Yes
MR. LA CAVA: Isn't it also true, Bill, that if
additional aid funds become available, that that date will
be pulled ahe?*d9
MR. STEIN: tfe understand that Off the record.
(Discussion off the record . )
MR. HEALY: I think it -is good that from meetings
such as this, people will gain impressions as to what State
attitudes are, and our attitudes are completely founded on
the facilities and funds that we have to work with.
MR. STEIN: I think your attitude is perfectly
plain here, and I don't think any of the people, particularly
the people who stuck with us this long, are at all deluded
about the attitude, or misled. The point is that you feel
your program has to be geared to a Federal program.
I will say this for New Hampshire: You come
across and match that with a State grant. In other words,
only about six States do that. I think the facts will
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305
Closing Statement - Mr. Stein
apeak for themselves.
MR. HEALY: But we are interested too that It
appear in this record, so that others reading this record
not here, will be well advised of what our attitudes are:
That we are not trying to hamper the program and that we
are moving Just as rapidly as personnel and funds will permit.
MR. STEIN: Within your capacity and within your
concept of the program.
MR. HEALY: Within our ability to do the work.
It is not just concept; it Is within the abili-
ties and resources that we have.
MR. STEIN: I think we can ^orae to the
Massachusetts situation.
Massachusetts contends that there are currently
unknown factors which make it impossible to arrive at a
complete and probable schedule of compliance to a pollution
abatement program at this time, and recommends that the
conference be recessed.
During the recess period, the Massachusetts
Department of Public Health will prepare and present a
pollution abatement program and a schedule of compliance.
It will also cooperate with the appropriate local.
State and Pederal agencies to provide the necessary
financial and technical data essential to the abatement
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Closing Statement - Mr. Stein 306
program, and It will expedite the program, even ahead of
the total program, In every Instance where sufficient data
are available to assure an adequate and workable program.
This alternative wll] be presented to the
Secretary.
The third one Is --
MR. KNOX: Can we go back on that last one Just
a minute0 Will you please read that last sentence again?
MR. STEIN: Yes. That the Massachusetts Depart-
ment of Public Health will expedite the program, even ahead
of the total program, in every instance where sufficient
data are available to assure an adequate and workable
program.
This is what Mr. Taylor said, and I am just
trying to summarize. As a matter of fact, I think that Is a
good thought.
Is there any question?
MR. KNOX: What about the recess that we were
discussing?
MR. STEIN: As to the recess, I think we have
here agreement on the first three points, or at least near
agreement. We have settled what we think the pollution is.
The only difference is one thinks It Is interstate, and the
other does not think so.
We have settled about the adequacy of measures
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307
Closing Statement - Nr. Stain
I think *• can sgrss on that, and also on the nature of the
delay.
The third thJ ng we are talking about is the
program for action. We have New Hampshire's program, which
we have outlined In the summary. I think that it Is a
very clear one, with classification of the Nashua by 1965*
all the tributaries by 1969# of the main stem by 1971* and
a 12-year program for complete compliance, with them working
all the time toward upgrading the condition of the river,
with the notion that they can't take any faster program
oecause of their commitments in the other parts of the
State and the financial capabilities of the industries and
the cities within Now Hampshire.
The Massachusetts position is also a clear posi-
tion, at least to me, that they feel that there are unknown
factors, and they would like a recess in order to come up
with a compliance schedule.
I think in view of the fact that no matter how
long we stay here, I don't think we can get complete agree-
ment among the conferees, my recommendation is that this
alternative be taken back to the Secretary and presented to
him as Massachusetts position, as we are presenting New
Hampshire1s position to him.
MR. TAYLOR: Might I say Just a word?
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308
Closing Statement - Nr. Stein
MR. STEIN: Surely.
MR. TAYLOR: As far as I am concerned, I would
Just as soon end this conference at ten minutes to six. I
am sure that the Commonwealth of Massachusetts cannot come
up with a definitive program stating that this Is going to
be done by 1967* and something else by 1968, at this time.
However, If the conference is willing to accept the fact that
we will submit this kind of a thing to the Public Health
Service, and then you people can reopen the conference, or
if you want to start a new one, I woald just as soon recesB
this one now.
I am not going to be able to give you a definitive
program, by year and month, or anything like that, on the
Merrimack River main stem or the Nashua River.
MR. STEIN: I understand that.
Our purpose here is to provide a summary to this.
What the Secretary wants to do from here on is his concern.
I think we have your position clearly stated
here. The position of Mr. Rogers, as the Federal conferee.
Is that the Merrimack and Nashua Rivers, tributaries and
main stems, should be classified by 1966. By May 1, 1966,
the towns and cities should have arranged and voted and
authorized their financing, with plans and specifications
being approved by the appropriate State agency, and by
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309
Closing Statement - Mr. Stein
May 1, 1967* construction should begin, which will finish
In a reasonable way.
I should point out that, generally speaking, in
these schedules, once the financing is arranged and con-
struction begins, the project generally goes through on time,
because you are paving interest on the money. The main
thing '-a to start. 1 do think that given the projects here,
the:, probably will take different times to complete, to
be reasonable.
This, I think, summarizes the attitudes of all of
the groups.
Mr. Knox ?
MR. KNOX: I would like to say a word, if I may.
I would like to get squared away on It.
MR. STEIN: Yes.
MR. KNOX: Har. Mr. Taylor withdrawn from the
recommendations that you are going to make, or the statement
that you are going to give to the Secretary of Health,
Education, and Welfare, the part about recessing this
conference and having it resume again at a later date9
I think Mr. Taylor has withdrawn that and he
is now suggesting that this conference end, shall we say;
but that In the very near future he will be able to 3ubmlt
a comprehensive program for Massachusetts.
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Closing Statement - Mr. Stein
MR. STEIN: Mr. Taylor, la that your view?
MR. TAYLOR: I would rather do the other, but
I think this 18 what is more likely to happen.
MR. KNOX: I would like to get an expression of
opinion from the conferees on that.
MR. STEIN: I would like to hear what Mr. Taylor
would want to do. I am not much for recessing the conference
MR. KNOX: I don't want to either.
MR. TAYLOR: Let's close it right now, then.
MR. STEIN: How about New Hampshire?
MR. HEALY: There is nothing new that we can
submit with regard to our program at a recessed meeting. I
think we have made our statement now.
I think that Massachusetts obviously will have
to have an opportunity to submit this additional information
at an appropriate time, and close the conference as of now.
MR. STEIN: Let me make one point. After all,
I am Just the conference chairman. I don't open the
conference and I don't close it. That 18 up to the
Secretary. However, we are not going to make a recommenda-
tion that the conference be recessed.
MR. HEALY: All right.
MR. KNOXI Yes.
MR. STEINi Are you In agr«en«nt with that?
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Closing Statement - Mr. Stein
MR. TAYLOR: Yes.
MR. ROOERS: Yes.
MR. STEIN: All right. I can't exceed the scope
of my authority. Are we all set9
MR. KNOX: No, Mr Chairman. L have one more
point.
MR. >-,TEIN: Yes.
MR. KNOXs 1 wonder if the conferees here want
to express an opinion as to what they think of the need for
enforcement action at this time. Have we settled this at
this conference, that at this time there is no need for
enforcement action?
MR. STEIN: As far as I can see, I think the
views of the interstate agency and both State agencies, or
at least the New Hampshire agency, are fairly clear, that
you don't see the need for enforcement action.
I think obviously the Secretary of Health,
Education, and Welfare saw the need for enforcement action.
I do not want to be deprecatory, but I think
the record is quite clear. I don't know that the interstate
agency or New Hampshire ever saw the need for Federal
enforcement action, both when the legislation was considered
through the years, or in every case we have considered. It
is a respectable position, and we know what it is.
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312
Closing Statement - Mr. Stein
Our Department's position is that this program
is a good and effective program, arid I think that has been
the position through both the Eisenhower and the Democratic
Administrations.
As far as Massachusetts is concerned, they are
going to have to speak for themselves. Up to this time I
thought 1 knew what Massachusetts' position was. The
Governor did ask for the enforcement action, so probably
they may think it is worthwhile. I can't speak for them.
MR. HEALY: He has reversed that position too.
MR. STEIN: Not ior intrastate.
MR. HEALY: Not for intrastate, but he did for
interstate.
MR. TAYLOR: If I might put this forward, from
discussions with the Governor, I am sure that he feels that
at the present time we do not need Federal enforcement on
these programs. I do believe that he feels that these
programs have to go forward, and If we do not have some
Federal assistance or some State assistance, or something
like that, the Massachusetts law will not permit enforcement,
and it may be necessary at that time to call the Federal
Government In to assist the Commonwealth of Massachusetts In
enforcement.
However, at the present time, with the avenues
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Closing tatement - Mr. Stein
that are possibly open, we should not ask the Federal
Qovernment to come in and start a Federal program of
enforcement.
MR. STEIN: The point is, and the fact Js, that
the Federal Government was asked, and we are here at the
Governor's invlta^ J orj.
mighr, al3o point out, again respecting your
point of view, this point of view from State administrative
representatives has been presented to the Congress again
and agaJn It has been presented to them practically at
every session since 1Q^^> and every time that the legislation
has .:ome up the Congress has extended and strengthened the
Federal enforcement provision, so this is a position that
Is well known.
Your views on enforcement will appear in the
summary, as you have every right for them to appear.
MR. KNOX: You recognize that we do have these
programs''
MR. STEIN: By the way, we will put in that we
recognize that you do have active programs, are cognizant
of the situation, and are trying to take care of the
situation.
Let me emphasize this again. The States are
not saying that you want a polluted river, as perhaps some
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314
Closing Statement - Mr. Stein
of the people may have said here. We are all agreed that
something should be done. I think we are all agreed pretty
much what should be done. The only'difference is when it
la going to be done, and how long It is going to take.
That is the sole difference.
MR. TAYLOR: I wouldn't want anything to appear
in the summary ol' this conference to indicate that
Massachusetts communities should not be proceeding immedi-
ately. There are some of our communities that are perfectly
able to finance a complete program of pollution abatement
at this time, and I don't want anything to appear that
would Indicate or give the idea that they might stall for
the next few years until the other communities patch up
on ability to pay, or something like that.
There are several of these communities on the
Merrimack River that this is not going to be a financial
burden to, so that I think in every instance they should go
forward with the program, as long as we may be assured that
It is a reasonable program. This is a matter that you
people -- when I say "you people," your technical people --
should be in and discussing with us, and we have Invited
them in.
MR. STEIN: Right. The remedial facilities
should be sufficient to protect the waters for the maximum
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Closing Statement - Mr. Stein
number of uses In the river.
I think you mentioned in your statement that
at least In the main stem, the Class C water was thought of,
and I notice some of the tributaries were classified as
Class B.
MR. KNOX: B.
MR. STEIN: G.ven the nature of pollution control
and the nature of the art, I think this should be clear.
We are all pretty much agreed as to the results that can
De achieved.
Again, 1 think the only problem we have here in
the difference of the summary is the question of timing and
how rapidly this can be done.
Unless I am mistaken, I don't think there is
any difference in an objective on what has to be done in
order to get the water pollution under control reasonably.
MR. KNOX: With regard to Mr. Taylor's comments,
it has already been established that he was going to classify
in 1964, and. then he is in a position to issue orders
against those municipalities which he feelB he can proceed
immediately on.
MR. STEIN: If he beats all proposals here,
more power to him.
MR. TAYLOR: I don't want to be sticking out
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316
Closing Statement - Mr. Stein
like a sore thumb and insisting upon communities doing
something If the Federal Oovernment says you don't need to
do it.
This ;s why I feel that thJs con Terence or
the Federal Government, through its Department of Health,
Education, and Welfare, should say that the program that
is outlined is essential -- not necessarily to say that
it has to be done when and how, but at least to come out
and say it 1s essential to be done immediately, or as soon
as possible.
MR. STEIN: Here is what we are faced with, Mr.
Taylor. We are not faced with a proposal from you where
something is going to be done. We are faced with a proposal
from you, if you don't want a recess, for you to make a
determination. You can't make a determination on a complete
reasonable, probable schedule of compliance at this time,
and you want a little more time to present a pollution
abatement program.
In other words, you are not saying you are going
to beat the Federal schedule. You are saying you are going
to give us a schedule later.
I hope that schedule will be as good or better
than the proposed schedule. I am sure you will get complete
agreement from Mr. Rogers If yoi' beat his schedule. He will
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Closing Statement - Mr. Stein J '
probably adjust his to meet yours.
MR. TAYLOR: Off the record Juat a moment.
(Discussion off the record. )
MR. PALAZZI: Mr. Chairman, because of the late-
ness of the hour, can we summarize this thing by saying
most problems we know can be solved by proper communication,
and rather than recess, at some later date if we sat down
informally again --
MR. HEALY: Informally?
MR. PALAZZI: Informally -- I don't think we need
to have a formal conference. If we informally sat down we
probably could help each other solve our problems.
MR. STEIN: This will appear as your view here.
This will appear as a summary.
Whether the Secretary will want to reconvene the
conference again is something that is up to him.
Let me make this clear: As far as this conference
is concerned, and this goes for the Federal recommendation --
this Js not just a summary -- we are not recommending that
he reconvene the conference.
MR. KNOX: I will agree with that. When Mr.
Taylor gets his schedule, at the proper time, let him submit
it to the Department of Health, Education, and Welfare.
MR. STEINi Have we gone about as far as we can
on this, gentlemen? Is there anything more now?
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Closing Statement - Mr. Stein
NR. KNOX: I don't think we all agreed that we
were talking about interstate rivers, did we? Isn't that
No. 1 on the bulletin9
MR. STEIN: Interstate and navigable rivers.
At least, under our definition of navigable rivers, it is
both navigable and interstate. As a matter of fact, Senator
Wall wants to run a commuter boat up and down.
Does anyone In the audience feel he want3 to
add something here?
(No response. )
MR. STEIN: It' not, I want to thank you all for
coming.
It is only through sessions like this and par-
ticipants and people like you that we can achieve results.
In a complicated problem like this, we have a
very serviceable record, and a record on where to move.
This problem in the Merrimack River Basin will wove forward
t-ecause of the conference.
We have pretty substantial areas of agreement
among all parties concerned, and I do think that given the
interstate coaalsslon, the State and Federal laws, and, as
Mr Palazzl pointed out, comnunlnation and consultation, the
areas of apparent difference, no doubt, will be adjusted,
as they always are under our system.
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Closing Statement - Nr. Stein
Ve have lived with these people a long tine,
and they have lived with us a long time -- perhaps It seems
too long to them -- but I think we are both going to have
to recognize the abrasive quality of each other in getting
along in the State, Federal and interstate system of ours,
and move forward.
MR. HEALY: At the risk of prolonging the dis-
cussion, when you first began, Mr. Chairman, in citing what
I think was a list of the various effects, was It to oe
understood that the conferees were in entire agreement on
that, on the effects?
MR. STEIN: No. The way I said it, this was
the Federal Government's position, but that the States both
agreed that there was substantial pollution within their
borders, but not affecting health or welfare of persons in
another State. We won't associate you with that list of
effects, but It is substantial.
MR. HEALY: Very good. You have answered my
question.
MR. TAYLOR: I would like to say that Mr. Stein
did a very excellent Job of summarizing the Connecticut
one If he does as good a Job on the Merrimack as he did
on the Connecticut, we will all be very happy.
MR. STEIN: All right Thank you for coming.
(Whereupon, at 6:05 p.m., the conference was
adjourned.)
GPO 876-049
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