Part 5
The question has been raised here and seems to have been left a little bit in doubt as to whether the recommendations and particular devices of this report shall be mandatory. My personal opinion is that in general they should not. If the city wishes to take advantage of any of the newer processes of sewage purification and can save money thereby, we say Godspeed. We want you to do it. The commission wants to accomplish and is obliged to accomplish certain things, and it wants to see those things accomplished in the most economical manner. On the other hand, I think the gentleman who last raised this question had in mind the proposed drainage canal. That would, of course, accomplish all that is desired so far as the Niagara River is concerned. The commission is obliged to look beyond that, however, and if it is not satisfied that that remedy would accomplish all that should be accomplished as regards Lake Ontario, and if it is also convinced, as has been recommended, that that remedy will not be a satisfactory one from the point of view of the citizens of New York State, then I do not think that the commission would feel justified in accepting that as an alternative, even though it seemed more desirable for this immediate locality.
Mr. TAWNEY. What have you to suggest about the pollution from surface drainage which has been discussed here this morning and which it is claimed your report does not deal with?
Prof. PHELPS. I recall that Capt. Norton raised that point at our last hearing, and I have been unable to see that it is of very serious significance. There are two distinct classes of drainage which come under that classification, and I have no doubt Capt. Norton has them both in mind. First, there is the drainage of the rural community about here, and it is undoubtedly the fact that the little streams and brooks which flow into the river in this region in times of bad weather contain a great deal of surface wash and are undoubtedly highly polluted. Capt. Norton mentioned that specifically at the last hearing in this city. Then, there is the second class--the run-off during storms. It is an obvious source of pollution. In regard to the first matter, consideration of the populations existing in these rural regions in comparison with the populations of the cities will show, just from the point of view of the human population and human pollution, that their total effect must be rather small. The effect of animal pollution, while it is undesirable and places a load upon water filters, can be dismissed as regards direct effect upon public health and the quality of drinking waters.
The most serious aspect is the storm-water overflow from the city sewers. There is a very serious and heavy pollution, and in the present state of our knowledge it seems to me is one that we have just got to let pass.
I do not quite agree with Capt. Norton, if I understood him correctly, that the maximum condition of pollution during heavy storms fixes the limits or should in any way modify our limits of pollution. This is a thing added to all the rest. If we have a certain amount of sewage coming in we have something added in time of storm. That something may be a large thing, but it does not occur very many times in the year. Our computations show the actual amount of sewage discharged in storm overflow during the year to be but a very few per cent. It surely is our duty to cut off the main source of pollution from the public sewers, even though we do have to ignore this storm wash which we admit is serious at times.
Capt. NORTON. If I may interrupt on that one point, I had that in mind, especially in connection with the threads of the currents which gave us the pure and impure waters, and that largely entered into the element of pollution at times.
Prof. PHELPS. Your thought is that the storm flow tends to mix those streams more than they would naturally be mixed?
Capt. NORTON. No; but that was one of the elements that would give us the average. Some of the elements of our street washing from our sewers was confined largely to the shore line and did not reach any thorough admixture.
Prof. PHELPS. In making these averages we used our best ingenuity to get a fair average from the analytical results. It is, of course, a difficult matter, and my only satisfaction in thinking that these averages are anywhere near correct is the fact that after the detailed study to which they were submitted they seemed to agree very well among themselves and as between the various cities. The pollution per capita of population in the Niagara River agreed very well indeed with that in the Detroit River, and I think, on the whole, by averaging the many thousands of analyses we were able to arrive at a fair statement. But you will recall that the individual figures did vary enormously. I have no doubt that the analytical results included a certain amount of this storm wash, and that the degree of purification which we have asked for will not probably bring down the result quite as low as we would figure. On the other hand, I do not think that the additional pollution due to storm wash is many per cent of the total and its significance is certainly not in proportion to its amount. I believe that is all I have to say, Mr. Chairman.
Mr. TAWNEY. Is there anyone present from Tonawanda or North Tonawanda? Lackawanna, I understand, was represented here this morning. Perhaps the representative of the State board of health, Mr. Chairman, will have something to say this afternoon.
Dr. CLARK. Is there any particular question you wanted to ask with reference to Tonawanda or North Tonawanda?
Mr. TAWNEY. We wanted to know if the suggestions made in the report are satisfactory?
Dr. CLARK. I do not know whether they have any representative here or not.
Mr. TAWNEY. They were notified, and they can not complain that the commission did not give them an opportunity to be heard.
Dr. CLARK. You spoke about the chlorination of water. I think one of the most remarkable instances of reduction of typhoid fever in treating water with chlorine gas was manifested in the city of Lockport. Getting water from the same source for the 12 months before they used the chlorination process they had 53 cases of typhoid fever, and in the 7 months after chlorination of the water in the following year they had 3 cases. The Tonawanda, North Tonawanda, and Lockport intakes are all in practically the same thread of water.
Mr. TAWNEY. What effect has chlorination upon the potability of the water?
Dr. CLARK. There is a difference of opinion with regard to that. A great many people in Buffalo complained of the chlorine tasting in the water before the chlorine was ever put into it. After it was put in they did not complain. Dr. Fronczak received dozens of letters asking that they stop using chlorine when there was no chlorine whatever being used. The amount of chlorine that is necessary to destroy pathogenic life can not be tasted.
Speaking of this surface-water drainage I think that is a question that applies more largely and more directly to smaller communities. It is well known that in some of the rural communities there have occurred some of the greatest typhoid-fever epidemics that we have ever had. In Plymouth, Pa., there occurred one of the greatest typhoid-fever epidemics that the world has ever seen. A little trout stream was contaminated by a patient that came in there. The discharges were simply not disinfected by the physician or the nurse, but were thrown out upon the ground, and when the spring rains came a serious epidemic occurred. An epidemic through surface contamination occurred at Ithaca. I think it applies more to rural communities. The State Department of Health of New York has recommended the chlorination process, and I think it has been proven beyond any peradventure that if the apparatus is carefully watched and the proper amount of gas is liberated into the water it is almost a sure preventive of typhoid fever, but an apparatus such as is manufactured now becomes corrupted to a certain extent, and unless cylinders are provided for weighing the chlorine you can not rely on the automatic weighing. Through the North Tonawanda intake recently we had quite a number of cases of typhoid fever, and by positive demonstration we discovered that they were using less than half the amount of chlorine they were supposed to use because the treating apparatus did not work.
Mr. TAWNEY. The State Board of Health of New York has had this report of the consulting sanitary engineer now for some two months for study. Have you given any study to the problems that are discussed in that report?
Dr. CLARK. That would be a matter beyond my jurisdiction. It would be taken up entirely by the engineer division of the department at Albany.
Mr. TAWNEY. Do you know whether or not they have studied those problems?
Dr. CLARK. Located here, I have charge of five counties in western New York. I represent the department locally, but I am not connected very much with the Albany office.
Mr. POWELL. Prof. Phelps, I would like to have you bring out clearly before the gentlemen present the object and policy in making your studies. It was not with the idea, I presume, of imposing on the city of Buffalo or the city of Detroit any particular system, but it was to show to both communities that the result you thought advisable could be worked out at a certain cost, and if they could work them out more cheaply than that it is not your purpose to interfere with them. Was that your idea?
Prof. PHELPS. Yes, sir.
Mr. POWELL. That is one object. The other was in the capacity of an adviser to point out some feasible method by which it can be done if they choose to adopt it, and I understand you to say that they might, by further study, reduce the cost or make changes in particular features of the scheme which might be more feasible than even the scheme which you have recommended?
Prof. PHELPS. Yes, sir.
(Thereupon, at 1 o’clock p. m., the commission took a recess until 3 o’clock p. m.)
AFTER RECESS.
The commission reconvened at the expiration of the recess.
Mr. TAWNEY. Gentlemen, the principal purpose of the session this afternoon is to afford an opportunity to the representatives of any of the cities and towns in the vicinity of Buffalo that were not present this morning to appear at this time and be heard in their own behalf with respect to the report of the consulting engineers. Tonawanda and North Tonawanda are two of the principal towns, I believe, that were not represented this morning. Is there anyone now present representing those communities? If there is no one to be heard, I do not know of anything further.
It is the wish of the commission to have a conference before leaving Buffalo, if possible, with the mayor and the members of the city council on this subject, with a view to seeing just what can be done to facilitate the matter of their considering and reporting to the commission their views with respect to the remedies that are proposed by our consulting engineer. I understand that they are engaged officially this afternoon in the council chamber.
(Upon the arrival from the council chamber of the members of the city council the commission went into executive session.)
* * * * *
INTERNATIONAL JOINT COMMISSION, _Detroit, Mich., Monday, June 26, 1916_.
The commission met at 10 o’clock a. m.
Mr. Gardner presided.
Mr. GARDNER. Gentlemen, in calling this meeting to order I think I can truly say that the International Joint Commission obtain as much pleasure in coming here to Detroit at this time as it is possible for any body of men to receive that are engaged in trying to analyze and work out to a practical solution a question of the nature of the one that brings us here. We are especially glad because of the good spirit that has been manifested by the people of Detroit and this community in times gone by.
As you know, the two Governments referred to this commission for determination the question as to whether or not the boundary waters or waters flowing across the boundary were being polluted in contravention of the treaty, in which they agreed that the waters on neither side of the line should be polluted to the injury of health or property on the other. The commission in determining the first question of the reference employed that eminent bacteriologist, Dr. Allen J. McLaughlin, who made the investigations. Early in 1914 the commission issued a progress report in which it was very clearly set forth that the waters along some portions of the boundary were being seriously and grossly polluted. Following that the commission employed Prof. Earle B. Phelps in reference to the second part of the reference, which requires this commission to report to the two Governments--
In what way or manner, whether by the construction and operation of suitable drainage canals or plants at convenient points or otherwise, is it possible and advisable to remedy or prevent the pollution of these waters, and by what means or arrangement can the proper construction or operation of remedial or preventive works, or a system or method of rendering these waters sanitary and suitable for domestic and other uses, be best secured and maintained in order to secure the adequate protection and development of all interests involved on both sides of the boundary, and to fill the obligations undertaken in Article IV of the waterways treaty of January 11, 1909, between the United States and Great Britain, in which it is agreed that the waters therein defined as boundary waters and waters flowing across the boundary shall not be polluted on either side to the injury of health or property on the other.
Prof. Phelps completed his work some two months ago, and copies of the report have been submitted to the authorities of the city of Detroit and the other municipalities involved in this investigation. The commission thought it advisable, before issuing its final report to the two Governments, to come here and have a conference with you to see in what way, if any, there is going to be any serious disagreement in regard to the projects submitted by Prof. Phelps. I say projects, because he has submitted in five different methods or plans his ideas as to how this result can be best obtained. We have come here this morning with the expectation that you will take up these several projects and discuss them with the commission to show wherein, if in any way, we differ and whether or not such differences can be reconciled.
Before proceeding with the discussion of these several projects I will ask the secretary to read the call for the meeting.
(The secretaries then read the notice of the meeting to be held at Detroit which was sent to interested municipalities and officials in the United States and Canada, together with copies of the report of the consulting sanitary engineer of the commission, and also the list of municipalities and officials to whom said notice and report were sent.
The notice and list are as follows:)
NOTICE.
MAY 15, 1916.
DEAR SIR: I have the honor to inform you that the International Joint Commission of the United States and Canada will meet at Detroit on the 26th day of June, beginning at 10 a. m., for the purpose of finally hearing those interested upon the question of remedies for the pollution of boundary waters. You are cordially invited to be present, together with your engineers, appropriate heads of municipal departments, and any others who may be interested.
I have sent you under separate cover several copies of the report of the commission’s consulting sanitary engineer upon remedial measures, and have also sent a copy to your clerk. I will be glad to supply additional copies if desired. Will you kindly acknowledge receipt of this letter and the copies of the report.
Through the courtesy of the city of Detroit the hearing will be held in the Detroit city hall.
Very respectfully, ---- ----, _Secretary_.
MUNICIPALITIES AND OFFICIALS TO WHOM NOTICE WAS SENT.
The mayor, Detroit, Mich. The mayor, Port Huron, Mich. The mayor, St. Clair, Mich. The mayor, Marine City, Mich. The mayor, Algonac, Mich. The mayor, River Rouge, Mich. The mayor, Ford City, Mich. The mayor, Ecorse, Mich. The mayor, Wyandotte, Mich. The mayor, Trenton, Mich. The Boards of Health of the States of New York, Ohio, and Michigan. The Lake Carriers’ Association. The mayor, Sarnia, Ontario. The mayor, Amherstburg, Ontario. The mayor, Windsor, Ontario. The mayor, Ojibway, Ontario. The mayor, Mooretown, Ontario. The mayor, Corunna, Ontario. The Dominion Marine Association. The Canadian Pacific Railway Co.
(The chairman specifically mentioning each municipality in the above list, called for the names of persons appearing in their behalf, as well as the names of any others who desired to enter an appearance, and the following appearances were announced:)
APPEARANCES.
Prof. Earle B. Phelps, Washington, D. C., United States Public Health Service, consulting sanitary engineer of the commission.
H. C. McRae, Baltimore, Md., assistant to Prof. Phelps.
Leslie C. Frank, Washington, D. C., United States Public Health Service, representing the Federal Health Service in relation to steamboat pollution.
Dr. J. W. S. McCullough, Toronto, Canada, Provincial Board of Health of Ontario.
F. A. Dallyn, Toronto, Canada, sanitary engineer, Provincial Board of Health of Ontario.
W. J. Stewart, Ottawa, chief hydrographer of Canada.
Hon. Oscar B. Marx, Detroit, Mich., mayor.
Edward D. Rich, Detroit, Mich., State sanitary engineer.
James W. Follin, Detroit, Mich., assistant to the State sanitary engineer.
E. L. Waterman, Detroit, Mich., assistant to the State sanitary engineer.
George H. Fenkell, Detroit, Mich., Department of Public Works of Detroit.
Clarence W. Hubbell, consulting engineer, of Detroit.
John F. McKinlay, Detroit, Mich., secretary Detroit Board of Health.
Henry Vaughan, Detroit, Mich., epidemiologist, Detroit Board of Health.
R. U. Pryer, director of laboratories, Detroit Board of Health.
Dr. William H. Price, Detroit, Mich., health officer, Detroit.
Col. William Livingstone, Detroit, Mich., representing the Great Lakes Carriers’ Association.
Morris Knowles, of Pittsburgh, Pa., representing the Great Lakes Carriers’ Association.
A. H. Dittoe, chief engineer, Ohio State Board of Health, representing State Board of Health of Ohio and also the Great Lakes Pure Water Association.
Francis King, K. C., Kingston, Ontario, representing the Dominion Marine Association.
Alexander Adams, Ecorse, Mich.
Russell A. Murdock, C. E., Ecorse, Mich.
Mason L. Brown, River Rouge, Mich.
William G. Perry, Ford City, Mich.
Dr. W. Lambert, Wyandotte, Mich., mayor.
H. L. Blomshield, C. E., Trenton, Mich.
Max Jennings, St. Clair, Mich., mayor.
W. M. Barron, superintendent of waterworks, St. Clair, Mich.
Prof. C. L. Weil, C. E., St. Clair, Mich.
William Wollatt, Walkerville, Ontario, president Essex Border Utilities Commission, representing Ford City, Walkerville, Windsor, Sandwich, Sandwich West, and Ojibway, Ontario.
C. J. Montrieul, Ford City, Ontario, mayor.
A. W. Jackson, Windsor, Ontario, mayor.
M. E. Brian, Windsor, Ontario, city engineer.
Adolph Sloman, Detroit, Mich.
Mr. FENKELL. Mr. Chairman, we were notified of the meeting to-day, but we had no notice of the time at which the meeting would be held.
Mr. TAWNEY. The notice that was sent to the mayor stated that the meeting would be held at 10 o’clock a. m.
Mr. FENKELL. The mayor had been out of the city for several days, and about a week ago he came home sick. He has been ill in bed ever since. He hopes to be at the city hall some time to-day if possible. He intended to be here at the beginning of your meeting, and his absence is accounted for by his sickness.
Mr. TAWNEY. Well, he has relied, I presume, for his information upon the studies of those problems that were made by yourself and your assistants, has he not?
Mr. FENKELL. I may say that Mr. Hubbell’s report was turned over to the printers as soon as received. A copy of my letter transmitting the same to the council and the summary in his report were printed in the council proceedings. We have not received printed copies of his report yet. Mr. Hubbell, the engineer who made our investigation, told me this morning that he hoped to have copies by noon.
Mr. TAWNEY. Is Mr. Hubbell here?
Mr. FENKELL. He is not here. He will be here some time this morning. He came in and asked me what time the meeting would be held, and I told him that I had not heard, and he went out. That was about half an hour ago.
Mr. GARDNER. What time do you use here, eastern or central time?
Mr. FENKELL. We use eastern time. I sent notices to the members of the board of health, the health officer, the sanitary engineer, members of the board of water commissioners, their secretary and general superintendent, the common council, members of the committee on health and city hospitals, members of the committee on sewers, Mr. Hubbell, and perhaps others. I told them of the meeting to be held to-day, but I did not state any time. Very likely a notice giving the time of the meeting at 10 o’clock was received in my office, but I do not remember seeing it. It is probably an oversight on my part.
Mr. TAWNEY. Mr. Rich, before beginning the hearings the commission would like to know what the relation of the State is to the public health and the sewage question of the city of Detroit. Has the State board of health supreme control?
Mr. RICH. That, Mr. Commissioner, is set forth in a law known as act 98 of the public acts of 1913, of which I think we furnished you a copy some two years ago.
Mr. TAWNEY. When we were here before?
Mr. RICH. Yes. As we understand it, that gives the State board of health authority to order whatever changes may be deemed necessary in any water in the State for purposes of public health.
Mr. TAWNEY. Has that authority been questioned heretofore by the city of Detroit?
Mr. RICH. Not in court. I do not know whether it has elsewhere or not.
Mr. TAWNEY. Mayor Marx, have you any information on that subject?
Mr. MARX. I do not recall any.
Mr. RICH. The matter of Highland Park was involved to some extent, but that has been settled.
Mr. TAWNEY. So up to the present time under the existing law the State board of health has the power to order any remedial measures that it may deem necessary to protect the public health?
Mr. RICH. That is the way we understand the law, and that was the intention when it was passed. It has not been definitely tested in court yet.
Mr. TAWNEY. At the suggestion of the chair we will proceed to hear the representatives of the State of Michigan with respect to the remedies that are proposed by the consulting sanitary engineer of the commission. It is our understanding, Mr. Rich, that your office has been giving considerable attention and study to the various alternative plans proposed by the consulting sanitary engineer of the commission. I think it would be advisable to hear the representatives of the State first.