Clock Still Ticking for EPA Response Period

The Town of Marion was given four more days past the allotted comment period to respond to the Environmental Protection Agency’s draft NPDES permit, which threatens to shut down the Town’s three sewage holding lagoons located at the end of Benson Brook Road. NPDES stands for National Pollutant Discharge Elimination System.

Engineering firm CDM Smith has been working with Town Administrator Paul Dawson on a reply to defend the Town’s position that the data the EPA used to determine the wastewater facility’s impact on the environment was flawed. Dawson also says that the new maximum nitrogen output levels are impossible, even with the latest technology available to mitigate nitrogen pollution.

Dawson says the EPA used data from a study conducted by the Buzzards Bay Coalition, which he referred to in the past as scientifically unsound. That study alleges that the Marion wastewater lagoons are one of the largest single sources of nitrogen pollution into Sippican Harbor, leeching nitrogen into the groundwater and into the surrounding watershed.

If the lagoons were ordered to shut down by the EPA, it could cost the Town somewhere around $15 million for a new wastewater treatment plant.

CDM Smith was initially on the agenda for the February 3 meeting of the Marion Board of Selectmen, but had to be removed and placed on the agenda of a February 5 special meeting of the selectmen due to the impact of the past two storms. Representatives from CDM, Dawson said, had been held up due to hazardous driving weather, snow travel bans, and resulting meeting cancelations with the Town.

As per the request of Dawson, the EPA granted the four-day extension to the comment period because of the weather, pushing it back to Friday, February 6.

The weather also halted a meeting Dawson had with environmental law firm Hall & Associates based in Washington, D.C. Attorney John Hall was scheduled to meet with Dawson while visiting the Boston area, but the meeting was canceled because of the blizzard.

Dawson emphasized that the law firm has not yet been hired to formally represent the Town; rather, the Town is seeking initial advice from the experienced law firm that is representing other towns in the Taunton area.

In other matters, selectmen approved the timeline Dawson proposed for soliciting and hiring a new fire chief to replace Fire Chief Thomas Joyce, who announced last month that he will be retiring on July 1.

Advertising for the position will begin March 5, providing a deadline date for resume submissions of April 10.

“With an eye towards making a selection of the new fire chief at the May 19 (selectmen’s) meeting,” added Dawson.

But is that enough time, Selectman Jody Dickerson wondered.

“I’m just afraid if there’s somebody selected,” said Dickerson, “are they going to have enough time or notice to leave (their current employer)?”

Dawson said the schedule gives the new candidate a total of six weeks from the date of notification of selection to July 1, the first day on the job.

Also during the meeting, the board voted to partner with the Marion Affordable Housing Trust in seeking Community Preservation funding to purchase additional affordable housing units from the Bay Watch project.

Selectmen Chairman Jonathan Henry suggested the board make the presentation to the Marion Community Preservation Commission when the time comes to apply for the funding, which Dawson speculated would be “more warmly received” by the CPC.

The next scheduled meeting of the Marion Board of Selectmen is the special meeting with CDM Smith on February 5 at 7:00 pm in the Marion Police Station conference room.

By Jean Perry

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