The Massachusetts Department of Environmental Protection has issued an Administrative Consent Order and Notice of Noncompliance to the City of Brockton that would hold the City to enumerated standards regarding when and under what conditions diversionary flows from Monponsett Pond into Silver Lake can occur.

Several of these orders take place immediately:

• Brockton must not divert water from Monponsett Pond to Silver Lake when there is a cyanobacteria bloom in Monponsett Pond that exceeds the MDPH standard of 70,000 cells/ml.

• Brockton must continue manually opening the Monponsett to Silver Lake diversion structure/apparatus to provide lower water transfer rate (approximatly 12 to 14 million gallons per day, which is about half of the maximum diversion rate) with the intended goal of pulling less water from West Monponsett to East Monponsett during diversions.  This provision may be waived at the discretion of the DEP should unanticipated environmental conditions warrant

• Brockton will begin operating the Stump Brook Dam/Fish Ladder in a manner to ensure that at least 900,000 gallons per day (g/d) is leaving West Monponsett Pond and entering Stump Brook whenever Brockton is actively diverting from Monponsett Pond to Silver Lake in accordance with the requirements of Chapter 91 License 4987.  Brockton will also see that the Stump Brook Dam Fish Ladder remains open and passable for migrating fish during the herring migration seasons in Spring and Fall of every year.

• Brockton will make immediate efforts to contact area cranberry growers to coordinate Stump Brook Dam openings so that the Stump Brook Dam Fish Ladder and Sluiceway can be opened to coincide with releases of cranberry harvest and flood return flows to West Monponsett Pond/Stump Brook so that those return flows exit the Monponsett Pond system as quickly as possible as long as pond elevation supports the flow.

• Once Monponsett Pond reaches a level of 53 feet, six inches above zero elevation of 52.5 feet, or June 1, 2017, whichever is earlier, Brockton will begin operating the Stump Brook Dam fish ladder gate in a manner to ensure at least 900,000 g/d is leaving West Monponsett Pond and entering Stump Brook at all times, unless the pond elevation cannot support it, with the fish ladder gate placed at its lowest elevation, about 51.8 feet. This requirement will remain in force until it is further evaluated as part of the Resource Management Plan development and otherwise approved by Mass DEP.

Within 60 days:

• Brockton will complete installation of stop logs on top of the dam-like structures separating the Monponsett intake chambers from the diversion pipe intake.

Within 6 months:

•  Brockton shall submit for MassDEP review and approval a proposed Final Scope of Work (SOW) for preparation of the Resource Management Plan, based on scientific data and evaluation, that will include recommended metrics and procedures for Silver Lake Diversions and Stump Brook Dam Operations intended to improve Monponsett Pond’s water quality and ecosystem while maintaining Brockton’s drinking water supply system reliability.

• Before submitting the proposed SOW to DEP, Brockton will release a draft for public comment and conduct at least one public meeting to discuss the report and gather public input.   The Draft SOW will be posted in the Environmental Monitor and properly advertised with copies of the Draft available in each respective community library or designated repository.

Within 24 months:

• Brockton will submit to MassDEP a final Resource Management Plan and Implementation Schedule developed in accordance with the Resource Management Plan Scope of Work as approved by MassDEP.

Within 6 months of the DEP’s approval of the Final Resource Management Plan and Implementation Schedule:

• Brockton will commence implementation of the MassDEP approved Resource Management Plan and Implementation Schedule.

• Brockton is ordered to continue to operate so that the 12 month running average of water pumped into Brockton’s water distribution system must not exceed 11.3 million g/d or 110% of the MassDEP approved system safe yield.  Brockton must continue to submit monthly reports to MassDEP showing the 12 month running average of water from all sources.

• None of Brockton’s activities are to interfere with the recreational uses of the ponds for boating, bathing, or fishing.

Because MassDEP has listed Monponsett Pond as impaired, to comply with the requirements of the Federal Clean Water Act, the MassDEP will prepare a Total Maximum Daily Load report for East and West Monponsett Ponds that wil estimate the annual nutrient additions to the ponds, calculate the nutrient load-carrying capacity for each, and set goals for nutrient reductions according to the land uses and activities around East and West Monponsett.

For a complete copy of the Administrative Consent Order, go to our web site: PlymptonHalifaxExpress.com

Michael Colver

Express contributor

It was not the usual crowd that gathered at the Halifax Commuter rail station last Saturday morning.   Unlike our typical bunch of commuters that have the trip down to a science, half of Saturday’s passengers had not taken the train into Boston and mistakenly stood across the tracks on what one would think was the inbound platform. 

Calls from the opposite platform hailed: “If you’re headed to Boston you need to be over here.”  This friendly gesture of one side reaching out to the other struck me as symbolic to what many feel has been lost in our country. However, it was not lost that morning at Halifax Station. 

Together, residents of Carver, Halifax and Plympton boarded a train, already crowded with people from Kingston and Plymouth, bound for the Boston Common to join thousands of others in the January 21st Women’s March.

  As a weekday commuter I am used to self absorbed silent passengers with heads buried in phones and laptops, but this was an animated friendly kitty-cap-clad crowd – chatting and introducing themselves to each other. The cordial hubbub of conversation was bolstered by an unspoken understanding of like minds with a shared purpose: to support the rights of women and minorities in a country more diverse than the rural communities in which we live.

Fran Lindgren, the Express’ Calendar Girl, drove in with her husband the night before to stay in a hotel nearby, not wanting to chance missing a minute of the march.  Why was it so important to her to be there?

“More than one older woman remarked that they never thought they would have to fight for our rights again.  I’m not sure if the younger crowd even knows what it was like when the only careers open to women were teaching, nursing or secretarial,” she said. 

“I went, not only for myself, but for others, including my 100-year-old aunt and those who had to work, like the gals at the hairdressers and our buddy who works a register at the Stop & Shop.”

She also said that she saw a notice on social media from Boston Chief of Police William Evans complementing all participants on their behavior.

.  There were only four incidents and all were medical. 

Women and men all over the world came together to support human rights and peaceful congregation.  Ghandi would be proud.

The meeting of the Halifax selectmen last week began with Town Administrator Charlie Seelig giving an update on the Elementary School roof project.

Seelig told selectmen that if all goes well, roof repairs would be scheduled for the summer of 2017, and the 30 windows and doors, will be done the summer of 2018.

Halifax has been asked to separate out the design cost of items which will not be reimbursed, such as tree work, the fire surpression system (sprinkler system), the acoustics, work in the gym, and playground equipment, changing the cost of the request from $98,105 to $52,170.

Seelig told the board that they should hear next month whether the revised proposal is approved.

Selectman Kim Roy asked if the other things such as acoustic work, playground, and such – “are they needed or wanted?”

Selectman Tom Millias answered that the acoustics is a “wish for” item.  He also noted that the fire suppression system is needed because of pinholes in the sprinkler pipes, resulting from the high mineral content in the water.   Selectmen agreed that the fire suppression system was a “must have” item.

Roy asked that the remaining items be quoted individually so that they could decide which projects they want to go forward, and then “I can come back to you and, say, pick and choose.”

Roy said she didn’t want to pay for design for projects that we may not do.

Seelig told the board that in order to go through the process of design and bid, he anticipates the need for a special town meeting in late March to fund the elementary school roof.

Another item on the special town meeting warrant would be additional funding for legal services.

In a Burrage Pond Elm St. access update, Seelig said he had received correspondence from several parties objecting to the construction of the new access, made necessary by the former access road being built on someone else’s property.  Seelig told the board that while he had letters of concern as well as letters in support of the new access road, it has nothing to do with the Town of Halifax as the state owns the land.

Selectmen accepted with regret the resignation of Joy Marble from the Holidays in Halifax committee.  Marble said in her letter that she had enjoyed her time on the committee and would continue to enjoy the event, perhaps volunteering the day of the event in some capacity.

Verizon Settles

Verizon, with telephone property in all of the Commonwealth’s 351 cities and towns, has been disputing their property assessments throughout the state for the past several years.  The Department of Revenue’s Bureau of Local Assessment sent out a memo stating they have reached a settlement with Verizon that would result in a $7,856 refund to Verizon from the Town of Halifax.  Selectman Tom Millias said Halifax got as good a deal as any town did, without joining in various law suits and thereby incurring legal costs.

Seelig told the board that the refund was covered by the Overlay Account and asked selectmen to approve Halifax’s acceptance of this settlement.

Regarding the Fieldstone Farms irrigation well, Mr. Clawson says the well can’t be tested in the winter and he doesn’t know what tests need to be done.  Seelig told selectmen that the Board of Health has issued an order that specifically states what tests need to be done.

The matter of the Town of Halifax v. Bergstrom case conference was held in Boston in December.  There will be a six-month discovery process, Seelig said, and the trial, if necessary, will be held in the fall.

Clawson v. Choate case discovery was held the same day and Ms. Choate was given 60 days to decide if she wants to actively defend the case. Sometime in February the board will learn if she wants to proceed.

Seelig said budget forms had been sent out to all departments in December to be returned by January 9.  Although the formal legal deadline is March 1, in order to complete the work for the town budget, they ask that budget forms be returned in early January.

Town meeting will be May 8; Town Election will be May 13.

Legal fees increase

FY18 budget has been submitted to Selectmen, Seelig said, and the most significant increase was in the legal budget line item, raising it to $63,000.  He said he wanted to budget accurately, anticipating upcoming legal issues. Last fiscal year the budget line item was $42,000 while the actual expense is projected to be $52,000.  Seelig said he would seek a transfer to cover the town’s current legal fees at the spring Special Town Meeting.

Selectmen received a complaint concerning the lack of snow removal in the area of Old Ocean Avenue.  The Highway Department has been limited in its snow removal there where the roads are about 1½ car widths wide.  The larger plows are not able to get down the road and the smaller plows are limited in how much snow they can push, given the size of the snowplow blades. Mr. Badore, the highway superintendent, told Seelig that he would try to get a loader down there to help get rid of the snow.

Selectmen received two letters regarding snow plowing: a letter from Christmas Tree Lane stated their mailbox was hit and a letter from a Falmouth visitor commending the Halifax Highway Department for their proficiency in removing the snow and treating the roads.

In other business:

• Selectmen met with the Council on Aging to appoint Ava Grimason to the COA.  Her term will expire June 30, 2017.

• Melinda Tarsi, a Halifax resident for over a year, professor of Political Science and Public Administration at Bridgewater State University, was appointed to the Finance Committee with the Board’s approval, her term expiring June 15, 2019.

• Lakeville Kennel’s contract was approved. This kennel handles the overflow from Halifax Animal Control.

• The Library’s 15 year old former 6-phone system was declared surplus.

• Local Emergency Planning Council grant from the state has been awarded in the amount of $1,127.  Selectmen affirmed its acceptance.

• Trailer permit for 159 River St. has been retired because the trailer has been sold or removed.

• Merrill Engineering has done a site review on the Autumn Lane sub development and work is progressing.

• The Board of Health held a public hearing in early January to create reporting regulations for trash haulers including reporting on their recycling programs.  The hearing was continued until March.

The board will next meet January 24.