From the Eagle Tribune;
Atkinson board, lawyer to discuss water issues
By Meghan Carey
mcarey@eagletribune.com
ATKINSON — Residents asked the selectmen Monday night to intervene in Hampstead Area Water Co.'s applications with the state.
John Wolters and Bill Bennett addressed the selectmen about carrying out the "will of the voters" who approved water-related warrant articles at special town meetings both this month and a year ago.
Selectmen and Planning Board members had spoken against the warrant articles, which all passed.
But officials otherwise have remained silent on the water company's active attempts to increase the amount of water it withdraws from town and to borrow $1.1 million from the state to lay new pipes along Main Street to connect Atkinson's water system to Hampstead's.
"I understand your misgivings," Bennett said. "If you think those ordinances are not the best way to protect Atkinson's groundwater resources, please work on alternative approaches."
Selectmen agreed to meet with town attorney Sumner Kalman to discuss the water issues. They also said they plan to hold a public hearing soon to formally adopt the water withdrawal ordinance as a health ordinance, as voters approved earlier this month.
Wolters told the selectmen that Kalman has written such petitions for Newton and Plaistow to intervene and protect groundwater in those towns. Wolters petitioned to intervene in the loan application with the state Public Utilities Commission last month, but said a petition from the town would carry more weight. The deadline to intervene is at the end of October.
Selectmen didn't necessarily agree.
"We can write a letter saying we're against what they want to do, but we can't stop them," Selectman Fred Childs said.
Selectmen's Chairman Paul Sullivan took copies of Kalman's old documents to bring to their meeting with the lawyer, saying he wanted to be "armed" with all the information available.
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From Today's New York Times newspaper. September 24, 2008
House Bans Diverting Water From Great Lakes
By SUSAN SAULNY
The House approved a bill Tuesday to protect the vast body of fresh water in the Great Lakes region by prohibiting almost any diversion of it to places outside the lakes’ basin and requiring the eight states bordering the lakes to follow new conservation standards.
The vote was 390 to 25 in favor of the bill, which has already been passed by the Senate and is expected to be signed by President Bush.
The measure, the Great Lakes Compact, was negotiated by the eight states. A decade in the making, it is intended to ease longstanding fears that states outside the region, or even other countries, could tap into the lakes, possibly deplete them and do long-term damage to their basin’s natural environment and economy.
Together, the five Great Lakes account for 20 percent of the world’s supply of fresh surface water, and an estimated 40 million people get their water from the lakes’ basin. Scientists and environmental advocates who backed the legislation said they considered the lakes not a regional resource but a national one, whose health and integrity, they said, are in the entire country’s interest.
“If water could be exported willy-nilly without any ability of the Great Lakes states to evaluate the ecological and economic impact, you’d have to think bad things would come of that,” said J. David Allan, acting dean of the University of Michigan School of Natural Resources and Environment. “You’re benefiting the country by keeping water where it serves the immediate needs of millions of people.”
Christy Leavitt, clean-water advocate at Environment America, agreed. “Keeping the water in the basin is critical,” Ms. Leavitt said, “and so is requiring all the Great Lakes states to develop conservation and efficiency programs.”
The compact will generally prevent water’s diversion from the basin except under rare circumstances, and even then only with approval of all eight bordering states: Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania and Wisconsin.
The House vote capped an effort, begun in 1998, to reach a multistate set of agreements on management of the lakes. Though some lawmakers posed last-minute objections that the pact was not strong enough — the export of bottled water, for instance, would be exempted from the ban — a wide range of Great Lakes advocates called the bill a powerful one whose time was overdue.
“It shows that our national leaders understand that conserving water is vital for the economy,” said Cameron Davis, chief executive of the Alliance for the Great Lakes. “It signals to the rest of the would that water, the oil of the century, is a global imperative.”
Mr. Childs still doesn't get it. The DES places a lot of weight in what local officials say. A very clear and recent example was in Newton where their BOS "AND" Planning Board, along with Plaistow officials, intervened on their citizens behalf against another outrageous HAWC request. And guess what, they got positive results.
Now, I'm not hopeful our Planning Board will do anything. Ms. Killam has been hostile to this whole issue all along. Mr. DiMaggio seems to be more concerned over legalities than citizens wells potentially going dry. And the biggest insult, the President of HAWC, the very company at the heart of all this, is on the Planning Board. I can't be the only one who sees a real big problem with that.
The real question is, to whose allegiance does the BOS belong? The water vote should have been a wake up call. But yet, I have not heard one of them say they understand the concerns of Atkinson well owners, who by the way, are in the majority in this town. I've heard their only reaction was to get mad the warrants passed. Wrong reaction.
HAWC's plans are way over the top. The capacity of their new wells is enormous. Now they want to extend their franchise with this new pipeline and ship Atkinson water to Hampstead (something Mr. Morse said in public they would not do), and asking the state for OUR money to help them do it. This is wrong, wrong, wrong.
Can you imagine the lawsuit against the town if the application does go through, and after a period of time of pumping out water, peoples wells begin to do dry?
What would the town's liability be then after refusal to take action demanded by the voters?
I bet there would be a loop hole or some other "act of God" clause that would leave the home owner helpless.
If HAWC was in the best interest of the town and the hardworking individuals here, they would be thinking twice on what the people want rather than that of the wallet.
I have seen in the past and of recent the dumping of human waste onto their fields. This is a perfect example of them not caring for the people of this town. Now some may argue that they have a state permit to do this, there is also a town mandate not to. Rather than follow what the town says, they do what is best for their wallet.
Stipulated in the state law, this area must be posted to the general public. Anyone that borders the "drop zone" must be notified in advance. I for one have not seen it.
In addition, this practice is NOT healthy and is banned in many third world areas as it contributes to disease, pathogens and other harmful byproducts that can enter our bodies via our water system, specifically our wells. In India for example, this practice has been found to contribute many health problems to society. Since it has been banned, there has been an increase of the overall health of the population in surrounding dumping area. Imagine, here in the US, one of the most technologically advanced societies still resorts to harmful practices that has been known to make individuals ill.
The last septage dumping that was done was in an area were the "corn" their corn field was planted and just recently harvested. Although the folks in Concord would claim this is not so; however it is and I have seen it first hand. In addition, the remainder of the fields are used for hay harvesting. Can the folks in Concord tell us what is off limits for animal or human contact that have come into contact with this human septage and what is not? In addition can you provide us the test results from the recent soil samples and the location for the claimed dumping area. This information should be available to the general public so that if there is any health issues with any individual concerning disease, cancer, hepatitis etc. we have a reference to what has been recently dumped whether they formulate to legal issues or not.
If we as citizens of this town certainly cannot trust the owners of HAWC for their septic dumping of human waste, what makes anyone in this town even think that they will be good stewards of our water?
I've heard a rumor that Lewis Builders/HAWC violated Atkinson zoning laws when they originally constructed the Midpoint site, and violated them again when they drilled the new well. Seems the land these wells are on was zoned as set aside/non use land when they built their condos there. Constructing access roads, drilling wells, and constructing shelters hardly seems to fit into the description of "Non Use".
I've also heard the Planning Board, the Zoning Board and BOS all know about this, yet nothing has been done to take action against HAWC. Again, makes you wonder who our elected and appointed officials really represent.
To the anonymous who posted on dumping of human waste, you are correct! In fact, I just drove down Salem Rd and they appear to be dumping a new round of waste right on top of where the corn crop was grown.
Two weeks ago the FD got a call from a resident on Walker Rd. reporting an odd odor, possibly gas. The chief held the trucks and went to check it out for himself.
He reported back the odor was coming from "farming operations" at the Lewis farm. Guess that the politically correct way to say they were spreading s***.
A question was asked awhile back what the Lewis family has done for Atkinson, other than make a ton of money. I don't need to spell it out. It is all right before you.
Ironically, there was an ordinance passed in 1998 that prohibited this. Yet it still goes on.
I complained to the FDA and to DES about the corn. The FDA said they only get involved if the corn were to cross state lines. DES said Lewis hasn't applied human waste to that field in 3 years. A copy of the letter from DES is being posted on the Atkinson Taxpayers website. I emailed DES to ask if they would take soil samples since more waste has just been spread. I will post the response when I get it.
"We can write a letter saying we're against what they want to do, but we can't stop them," Selectman Fred Childs said.
What is wrong with Fred Childs? Every time you read a quote in the paper from him, it's always we can't do this and we can stop them. Fred, grow a pair or step down!!!
Fred Chids, you are elected by the people to serve the people. We voted to stop any water withdrawal, and you say "we can't stop them" ? Are you kidding me? You should just go home and hide in your lazyboy chair.
Fred, et.al. Write a letter! Give me a break. You call them. You drive up to Concord and meet with them. It's what, a 35 minute drive?
What its call is "Fulfilling your responsibilities to those who elected you." But, what he'd rather do is rag on Teddy.
Fred, take a portion of that massive energy you direct at Teddy and do some real good.
But, you know, the fix is in. Lewis/HAWC have done what they wanted for years and they've gotten away with it. Why is that you think? Because what Lewis wants, Lewis gets.
I keep thinking about the movie, "It's a Wonderful Life". It's a wonder we don't live in Lewisville.
The good news is, it has not been so easy for them this time. This time, the citizens have made some progress is slowing their water empire. The public woke up and is putting up a fight. I would hope our public officials would follow suit. But, we are talking Lewis here so I don't get my hopes real high.
You know, just once, I would like to hear the BOS, or anybody on it say, "We (I) understand your concerns and we (I) will try and do something to help." Sorry, I drifted away there for a moment.
Is this what it really says? Does this mean that if there is an ordinance with the HAWC water withdrawal, nobody will uphold it either?
"400:7 Land Application of Septage. The land application of septage containing disease-causing bacteria and infectious viruses and protozoa; the stockpiling in any form, and the land spreading of Class B sewage sludge containing heavy metals, pathogens, parasites and hazardous organic chemicals, is not allowed in the Town of Atkinson, New Hampshire. This ordinance shall not apply to any facility owned and/or operated by the Town of Atkinson for the disposal of sewage/septage/sludge generated within the Town of Atkinson, New Hampshire. (1998)"
If thats the case, heck, I just had a prune danish and a coffee, I think I will go fertilize my back yard!
To anon 9/25/08 5:54 am:
Nothing passed at the local level is valid and enforceable unless specifically allowed by a state statute (RSA). When people put articles on the warrant, they should include a phrase "as provided by RSA 99:99" (with the actual number) so that voters can verify for themselves that the proposition is reasonable.
Regarding the septage ordinance you quoted, I don't have enough time to look up the laws that might govern this. But generally aside from zoning and budgeting NH towns have little power and you should assume that stuff like this is invalid unless and until you know that there is a state law that authorizes it.
Nobody will uphold the water ordinances that you have voted on several times since last year.
Let the lawsuits begin!
http://www.sludgevictims.com/States/New_Hampshire_sludge_victims.html
The sewer truck was in their field when I drove by tonight. This is the second truck and they are not small! Whoo Yah!
This is ridiculous!
DES has confirmed that they have dumped human waste on the corn field.
It is the exact same place they dumped it last year. To whoever said they "never" have harvested where they have dumped have been duped into believing a lie; the same for the residents of Atkinson. Moreover, if this is the tomfoolery they are pulling here, imagine how HAWC will handle our water resources!
Maybe they dumped there to hide the fact they HAD already dumped there before the corn was planted.
It's suspicious to me that DES and Lewis claim they never dumped there and all of a sudden questions are asked and then they actually do it.
I hope everyone reading this sees how deceitful these people are and that allowing them to have access to our water resources will be a BIG mistake. HAWC is wrong for Atkinson and wrong for the homeowners!
I also want everyone to know that with the high level of rain and the freshly dumped septage waste, this stuff can easily make it into our water table.
I feel badly for the folks who live near that farm and have wells (all of them do). I think we need to raise awareness in town, stick together, stand up to the Lewis' and to the BOS and the Chief and not back down.
We don't have any other choice here.
No we don't.
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