A Tale of a Treatment Facility – 9/23/2010

Posted by Bob on September 23, 2010 under Daily Blogs | 3 Comments to Read

The Naugatuck sewage treatment plant continues to receive attention as a result of odor complaints raised by residents living in close proximity.  Concerns about the foul smells are certainly not new to Naugatuck, and the frustration of those experiencing it effects is significant.  I have no doubt that there are some individuals who will promise a quick solution and conveniently look for someone to blame about the problem.  As with most problems in life, however, the sewage plant’s odor issue offers few simple solutions.

The sentiment of “I don’t care what the problem is, just fix it” is understandable.  Rest assured that if it was that simple, it would have already been done.  An examination of the facts and the history is necessary.

The treatment plant has existed in the Borough since the early 1950′s, originally constructed to treat solids and other objects from wastewater.  Prior to its construction, Naugatuck’s sewage system flowed directly into the Naugatuck River.  The plant was apparently operated by Uniroyal Chemical, which made significant upgrades to the plant around 1974.  Uniroyal split the system into two (2) sections: one (1) to serve the needs of the company and the other to handle waste from the Borough.  The arrangement allowed Borough residents to receive waste treatment for no charge.  At various points in time, neighboring municipalities including Middlebury, Beacon Falls and Oxford sent sewage to Naugatuck through a combination of sewer connections and sewage pumped from septic systems and trucked to the plant.  In addition, Uniroyal, at some point in time, began to accept waste from other private entities to help defray costs associated with operation.  This practice, which continues today with the current operator, makes the Naugatuck plant unique in the sense that merchant sludge is brought to the treatment facility for profit.

Since it original construction, environmental regulations were created and have increased significantly  throughout the years; the major legislation being the federal Clean Water Act enacted in 1972.  I the late 1990′s, political debate strained the relationship between the Borough and Uniroyal Chemical and its successor companies.  While it appeared that an agreement would be reached to resolve disputes, Uniroyal suddenly informed the Borough in 1999 that is no longer intended to operated the treatment facility.

The future of the treatment facility was one of the major issues facing the Borough when I was first elected a Burgess in May of 1999.  There was an immediate need to install an operator.  The Board of Mayor and Burgesses, who at the time was also acting as the Water Pollution Control Board, voted to approve a temporary arrangement with US Filter Operating Systems, the predecessor to Veolia Water, Inc.  Eventually a twenty (20) year agreement was negotiated with US Filter to operate Naugatuck’s treatment facility.

The agreement guaranteed the Borough would incur no costs for the first (1st) five (5) years of the agreement.  After the initial five (5) year period, the Borough would either share in certain portions of the profit earned by US Filter or be responsible for certain operating costs within the confines of the Borough’s regular budget.  While discussions of a sewer user fee were of great concern, the Borough was able to avoid another burdensome level of taxation through its agreement with US Filter.

Based on obligations in the agreement, US Filter n/k/a Veolia Water completed approximately TWENTY FOUR MILLION and 00/100THS ($24,000,000.00) DOLLARS worth of capital upgrades to the plant to modernize operations by 2004.  Since that time, Veolia has continued to make capital investments in the plant, including improvements to reduce odor.  The estimated value of the entire treatment plant is somewhere in the neighborhood of TWO HUNDRED MILLION and 00/100THS ($200,000,000.00) DOLLARS according to replacement figures on insurance certificates.

The issue of odor has clearly received the most attention in recent months.  While many longtime Naugatuck residents remember far worse days in years gone past, residents in certain neighborhoods still claim that terrible smells disrupt their quality of life.  The sentiment that “it is not as bad as it used to be” really offers no comfort to those who live or have purchased homes in neighborhoods close to the plant.  Such a sentiment certainly does not absolve our local government from working toward a responsible resolution of the odor issues.  There has been significant effort devoted to addressing these concerns in the past year.  The main two (2) issues, however, are what is the overall solution and what is the cost.

There is no easy answer to either of those questions.  If easy answers existed, there is no reason why the problem would have been resolved.  While I am sure there are those in the community willing to simplify the problem or pledge things that can not be achieved, I believe Naugatuck deserves honest and intelligent dialogue about this issue rather than empty promises and/or soundbites.

There are several, substantial conditions that all have an impact on the odor problem.  The primary issue is that unlike many other communities in Connecticut, Naugatuck has a sewage treatment facility.  I doubt there is another mayor or first selectman in the state whose community hosts a sewage treatment facility who would rather it be located elsewhere.  Naugatuck’s history is what it is.  At some point, rather than simply pollute the waterway that bears Naugatuck’s name, the powers that were decided to construct a treatment plant along the railroad and adjacent to the river.  For years during the industrial era, I imagine that the smells from the plant were minor compared to the odor emanating from the chemicals dumped into the river itself.

The location is another concern.  While the state forest shields the direct west of the plant, the facility is located along a river in the middle of a valley.  The contours of the terrain give wind patterns a familiar direction in which to travel.  Without completely encapsulating the entire plant, we may never be able to completely eliminate odors that fall below the Department of Environmental Protection’s (“DEP”) nuisance levels.

Over the years, other communities have linked their public sewer system to the Naugatuck plant. Numerous residents in Middlebury, Beacon Falls and Oxford enjoy the benefits of Naugatuck’s treatment facility without any of the drawbacks of having to host the plant.  While Naugatuck negotiates to determine a fair cost for providing such a service, other communities have leverage as they know that the DEP would never allow the Borough to simply deny access and close the pipes.

Like most things, however, much of the problem has to due with money.  As stated above, Naugatuck’s treatment plant is unique in that it accepts merchant sludge from outside third (3rd) parties.  Sludge and liquid sewage is transported by truck to the plant up and down Route 8 and through the streets leading to the treatment plant.  While the Department of Transportation (“DOT”) requires such trucks to cover sludge with tarps, there are little to no other regulations regarding the transport of such waste.  Trucks coming to the plant frequently omit odors that are far from pleasant.  While Veolia instructs departing trucks to avoid traveling throughout the Borough, there is little that can be done to avoid the smells emanating from transport vehicles coming to the facility.

I have heard the argument made that Naugatuck should require Veolia to abandon this practice and process only Naugatuck sewage.  This kind of logic fails to consider the economics.  Conservatively, Borough taxpayers would have paid at least TWO MILLION FIVE HUNDRED THOUSAND and 00/100THS ($2,500,000.000) DOLLARS more in the current fiscal year’s budget if Veolia was not allowed to accept third (3rd) party sludge.  Veolia is a publicly traded corporation that, like all such entities in free market societies, has a duty to make money for shareholders.  Veolia’s agreement with the Borough does not allow nor would Veolia’s governing structure permit the Borough to end the merchant sludge operation at the plant without compensation.  If individuals are proposing that Borough taxpayers assume the difference on an annual basis of at least TWO MILLION FIVE HUNDRED THOUSAND and 00/100THS ($2,500,000.000) DOLLARS, that is a debate that needs to be had in the community.

The most complex issue influencing the odor problem, however, has little to do with the odor itself.  DEP and other federal mandates are likely to increase in the coming years.  Unfunded mandates to reduce phosphorous, mercury and zinc have other been imposed or are likely to be imposed in coming years.  Those who have worked on treatment facility issues for the better part of the past decade will state that such mandates will be one of the biggest challenges facing the Borough in the next five (5) to ten (10) years.

Making a substantial improvements to the plant simply to address the odor issues without coordinating such efforts with other needed investment is shortsighted, poor policy and bad business.  The recent odor study recommends several capital investments that consultants suggest would help to alleviate potential odor problems.  Making improvements that will need to be removed for future upgrades needed in the next few years, however, is a poor allocation of resources.  This is even a more significant matter when one considers that it has not been determined who will pay for such upgrades.

What is truly needed is a long term facilities plan that will integrate all future upgrades in a comprehensive and cost effective manner.  While such a plan will be costly itself, it is in the best interests of the DEP, Naugatuck and Veolia to consider such an undertaking in the near future.  Taxpayers, both in the short term and long, will be better served by proper planning for the future.

All this being said, however, the Borough is currently responsible to address the odor problem in accordance with a consent agreement between the Borough and DEP.  A consent order is basically an agreement between a state agency and another party (in this case the Borough) to address an alleged violation of state regulations.  The current consent order became effective in 2009 and requires that significant action be taken over two (2) years to remedy the odor problem.

The Borough makes every effort to comply with environmental law and regulation.  The overwhelming majority of our residents want a clean and healthy community.  Like many post-industrial communities, we have learned from the mistakes of our past, cleaned our river, expanded our recycling efforts, upgraded our treatment facility and celebrate efforts to protect our planet.  What the leaders in Hartford need to realize, however, is that passing along unfunded mandates in a vacuum without considering the impact on local taxpayers or offering financial assistance is irresponsible.

While some have argued we should pay for such mandates with a sewer user tax, I fail to see how another tax in a distressed municipality will benefit our community.  Approximately eighty five (85%) percent of Borough residents are connected to city sewer and water.  Those on septic have their sewage treated for free at the Naugatuck facility.  The argument that residents get “free sewer” is simply not true.  The fact is that the costs associated with operating the treatment facility are allocated in the Borough’s regular budget.  Residents pay for their sewage when real estate taxes are paid, which is deductible on federal income tax returns.  If concern for those not using public sewers is the issue, there is an equitable alternative.  Rather than create and pay for a whole new department to collect a whole new, lienable sewer tax that is not deductible, provide a real estate tax credit to those using septic.

Naugatuck is in many ways a service community.  People in other, less developed communities use Naugatuck’s roads, businesses, public safety capacity (through mutual aid), and our sewage treatment facility.  Cities have made this argument for years, but Connecticut’s municipal centers generally are the focus of state and federal funds.  Connecticut’s smaller cities, those just outside the urban core, struggle with some of the same challenges but with less focus when revenue is distributed.  The Naugatuck’s, East Hartford’s, West Haven’s, Stratford’s and  Groton’s of the world have to compete with their larger neighbors to access funds to provide adequate service to their densely populated residents.

If the DEP is serious about fulfilling its mission of providing a clean and healthy environment, I urge its leaders to be better cognizant of the complex issues facing municipalities like Naugatuck.  Mandating compliance in a vacuum without an understanding of the big picture or any concept of the cost does little to protect the environment.  If a few odor complaints are making certain DEP officials uncomfortable, it will pale in comparison to the collective outrage if DEP’s actions impose significant mandates and increased financial burdens on Borough taxpayers.

Enacting meaningful solutions requires a serious and frank discussion with all parties and a long term plan for treatment facility.  Our administration is committed to being partners, rather than adversaries, with all stakeholders.  While talking about sewage is not particularly glamorous or headline grabbing, the long term operation of our treatment facility will be one of the biggest issues we face as a community in the coming years.