An amendment to Rhode Island's Cesspool Act of 2007 would require removal of a cesspool within 12 months of a home sale. It would have to be replaced with a sewer hookup if available or a septic system.

"At the time of sale is a very difficult time for a lot of people to come up with an extra $10,000 to $15,000," said Susan Arnold, chief executive officer of the Rhode Island Association of Realtors.

The association is concerned the amendment, if passed, could hurt the state's fragile housing market recovery.

"We all believe in clean water, but we also believe in home ownership and trying to get the state back on its feet and housing has a key role in that," Arnold said.

Arnold said unlike Massachusetts, the provision has no tax credit for home buyers who would have to replace their cesspools and there's no statewide loan program. Only certain Rhode Island communities are eligible.

"If this is such a huge issue, DEM has the power today, by regulation, to go in and force a homeowner to replace their cesspool if it has failed," Arnold said.

For its part, the state Department of Environmental Management said there is no such thing as a good cesspool and that this provision is the best way to expedite the process of ridding the state of cesspools.

"Yearly, we can remove 500 cesspools through point of sale as opposed to what's taken us about five years to get rid of about 500 cesspools to date," said Brian Moore of the DEM.

Moore said he is sensitive to the money and that the department is trying to get more communities to implement approved onsite water management plans to make them eligible for the loan program.

He denied the agency is taking a heavy handed approach.

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Local Politics

Some property owners in Center Point and an area stretching to Comfort may be compelled to decommission their septic systems and connect to a Kendall County treatment plant in 2017.

The Center Point Wastewater system project, calling for 33 miles of sewer pipes for about 900 households and businesses, is on schedule and slated for possible construction by the end of next year, said Kerr County County Commissioner Tom Moser.

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Some Center Point homeowners may have to ditch septic systems

A worker spreads fertilizer at the Venice Golf and Country Club.

With Saturday the effective seasonal deadline for yard fertilization in Southwest Florida, many homeowners might wonder if the restrictions imposed by local fertilizer ordinances are really necessary.

A recent study by the Charlotte Harbor National Estuary Program should reassure them: By obeying limits on fertilizer use, they've helped make a dramatic improvement in the health of bays, rivers and other waterways critical to our economy and environment.

Lisa Beever, director of the Charlotte Harbor NEP, reported May 21 on a study she conducted on the impact of fertilizer ordinances passed by local governments -- including Sarasota, Charlotte and Lee counties -- since 2007.

The Charlotte Harbor estuarine system makes for a comprehensive and critical study area. It extends from Venice to Bonita Springs on the Gulf, and inland as far north as Winter Haven in Polk County. It covers about 4,500 square miles and includes the Peace, Myakka and Caloosahatchee river basins and coastal waters such as Lemon and Estero bays as well as Charlotte Harbor.

Using data from throughout the system, Beever compared the readings of nitrogen and phosphorus -- two major ingredients in most fertilizers -- in 2005-2006 to those in 2010-2011. The first two-year period came before the adoption of most fertilizer ordinances, and the second came after. Both periods had similar total rainfall.

Between the two time periods, Beever found, on average, a 21 percent reduction of total nitrogen and a 27 percent reduction of total phosphorus.

Given the size of the Charlotte Harbor system and the relatively recent adoption of fertilizer ordinances, Beever told us, the reductions "are significant."

Ordinances get the credit

Beever credits the reductions almost completely to the ordinances. No major expansion of central sewer systems occurred in the study area between the two time periods, and any storm-water projects to reduce runoff to the water bodies were too few and too dispersed to make much of a difference.

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Fertilizer on hiatus

For the U.S. Environmental Protection Agency, it was justice served.

Ray Caldwell and his All-Out Sewer and Drain company in December were found guilty of 25 counts of breaking the federal Clean Water Act. In April, Caldwell was sentenced to 27 months in prison and a $250,000 fine. In May, he was ordered to pay $650,000 in restitution.

After an aggressive investigation, the EPA could say it had won.

I was very pleased with a number that high, said Tyler Amon, special agent in charge of criminal investigation for the Northwest region of the EPA. I think from the governments position (demand for restitution) could have been much higher up to $900,000 but cases (like that) come to some kind of an agreement often.

Government prosecutors had sought 42 months in prison and $650,000 in fines, on top of higher restitution, but Amon said this case still should send a strong message to those in the septic industry and any other potential polluters.

This does come up pretty often in the Northwest, unfortunately, with corners being cut, he said. We dont have regulators on every corner; its a merit system.

Caldwell was convicted of dumping collected septic tank wastes directly into the citys sewer lines over 10 years and later underreporting by hundreds of thousands of gallons the sewage his company collected. That shortchanged the county, city and Three Rivers Wastewater system of revenue that should have been collected in per-gallon dumping fees.

Amon said two main points led to his agencys successful pursuit that All-Out had been illegally dumping for so long, and that Caldwell didnt stop after being approached by investigators nearly a decade into his polluting.

Often even just an interview from a federal investigator is enough to bring someone in line, Amon said, but Caldwell continued his illegal practices even after several jurisdictions became involved in investigating the company.

The EPA got involved in the Caldwell case in 2012, following the allegations of wrongdoing initially investigated by the city of Longview in 2010. Drawing on allegations from past employees, neighbors and local regulators, EPA obtained and carried out a search warrant in August 2012, which is serious business, Amon said.

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EPA agent: Caldwell's violations too 'egregious' to warrant leniency

SOUTH BERWICK, Maine Representatives of Maine's two U.S. senators addressed town councilors regarding the pending Trans-Pacific Partnership trade agreement at the council's Tuesday meeting.

Bonita Pothier of Sen. Angus King's office and Cathy Goodwin of Sen. Susan Collins' York office were asked by town councilors to explain the senators' positions on TPP, as well as to clarify aspects of the proposed agreement.

Also present at the meeting was South Berwick resident Mike Hasty, who asked the council to support a resolution opposing TPP.

While she has not yet taken a stand on TPP, Collins "tries to make sure that any agreement meets the best interests of Maine and the United States," Goodwin said. The senator's representative also indicated Collins is concerned about the proposed fast-track process for the treaty. Through this process, Congress could only vote "yes" or "no" on TPP it would lose any authority to make changes to the treaty.

Pothier indicated King is "very concerned that negotiations for this treaty are taking place behind closed doors" and, like Collins, is seeking protections for regional shoemaker New Balance that would enable it to better compete with the Vietnam shoe industry.

"When the public hears about fast-track and closed doors, it doesn't sit very well with the people of South Berwick, or the rest of the United States," Councilor Jack Kareckas said following remarks by Pothier and Goodwin.

Kareckas also cited TPP's possible impact on what he called "home rule authority."

According to TPP critics, transnational corporations could bring litigation against towns or even local property owners in global tribunals if they believed their ability to make a profit was being curtailed.

Councilor Jean Demetracopoulos criticized a TPP proposal that would eliminate country-of-origin tags and labels attached to clothes and similar products.

"'Made in Maine' helps us to market ourselves on quality," she said. "We would lose an effective tool to promote our products."

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South Berwick tackles TPP treaty with help of state senators

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SOUTH BERWICK, Maine Representatives of Maine's two U.S. Senators addressed town councilors regarding the pending Trans-Pacific Partnership trade agreement at the council's Tuesday meeting.

Both Bonita Pothier of Sen. Angus King's office and Cathy Goodwin of Sen. Susan Collins' York office were asked by town councilors to explain the senators' positions on TPP, as well as to clarify aspects of the proposed agreement.

Also present at the meeting was South Berwick resident Mike Hasty, who has requested the council to support a resolution opposing TPP.

While she has not yet taken a stand on TPP, Collins tries to make sure that any agreement meets the best interests of Maine and the United States, Goodwin said.

The senator's representative also indicated that Collins is concerned about the proposed fast track process for the treaty. Through this process, Congress could only vote yes or no on TPP it would lose any authority to make changes to the treaty.

Pothier indicated that King is very concerned that negotiations for this treaty are taking place behind closed doors and, like Collins, is seeking protections for regional shoe-maker New Balance that would enable it to better compete with the Vietnam shoe industry.

When the public hears about fast track and closed doors, it doesn't sit very well with the people of South Berwick or the rest of the United States, said Councilor Jack Kareckas following Pothier's and Goodwin's remarks.

Kareckas also cited TPP's possible impact on what he called home rule authority.

According to TPP critics, trans-national corporations could bring litigation against towns or even local property owners in global tribunals if they believed their ability to make a profit were being curtailed.

See the article here:
South Berwick councilors hear senate representatives on TPP

TACOMA U.S. District Court Judge Benjamin Settle on Thursday ordered Longview businessman Ray Caldwell to pay $636,500 in restitution for multiple violations of the Clean Water Act, well short of the amount federal prosecutors had requested from the owner of All-Out Sewer and Drain.

The money will go to three entities defrauded by All-Out between 2003 and 2012:

Hopefully this will be a lesson to people in the community who may take the water quality issues lightly, Cowlitz County Commissioner Michael Karnofski said upon hearing of the restitution.

The federal government had sought about 900,000 in restitution, which was whittled down in a closed-door conference during a recess in the hearing.

In April, Caldwell was sentenced to 27 months in prison and fined $250,000 after being found guilty on 33 felony counts related to years of illegally emptying his septic tank pumper trucks into the Longview sewer system in violation of the federal Clean Water Act.

He is out of prison while he appeals his sentence. No court date has been set for his appeal.

Minimum monthly payments of $5,000 will be made by All-Out, which is being run under probation by Caldwells wife, Joanne. Payment in full is expected by the time Caldwell finishes his prison term and supervised release, a total of about six years.

Caldwell is contributing $250,000 from a recently cashed-out retirement account and the check is in the mail, his attorney Wayne Fricke told the court. That payment will be allocated by the court clerk, and Fricke said it will likely all go to restitution.

Judge Settle said he expected the probation office to keep an eye out for timely payments and that more than $5,000 per month should be coming in from the business. Prosecutors had asked for Caldwell to make payments as well, but Settle said it wouldnt be necessary to meet the deadline since a large, initial payment would be coming in right away.

Fricke said it is unlikely Caldwell will appeal the restitution judgment, which will include about $51,000 in pre-judgment interest and post-judgment interest in an amount tied to the Treasury Bill rate.

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Judge orders All-Out Sewer owner to pay $636,500 in restitution

TACOMA U.S. District Court Judge Benjamin Settle on Thursday ordered Longview businessman Ray Caldwell to pay $636,500 in restitution for multiple violations of the Clean Water Act, well short of the amount federal prosecutors had requested from the owner of All-Out Sewer and Drain.

The money will go to three entities defrauded by All-Out between 2003 and 2012:

The government had sought nearly $1 million in restitution.

In April, Caldwell was sentenced to 27 months in prison and fined $250,000 after being found guilty of 33 felony counts related to years of illegally emptying his septic tank pumper trucks into the Longview sewer system. in violation of the federal Clean Water Act.

He is out of prison while he appeals his sentence. No court date has been set for his appeal.

Minimum payments of $5,000 will be made by All-Out, which is being run under probation by Caldwells wife, Joanne. Payment in full is expected by the time Caldwell finishes his prison term and supervised release, about six years.

Caldwell has cashed out roughly $250,000 from a retirement account and the check is in the mail, his attorney Wayne Fricke told the court. That payment will be put toward the $1 million or so in fines and restitution that Caldwell owes.

A 45-minute conference was held during recess between prosecutors, Fricke and Caldwell to determine the exact amount of restitution, which was agreed to by Judge Settle.

Fricke said it is unlikely Caldwell will appeal the restitution judgment, which did not include pre- and post-judgment interest that will be applied.

Caldwell and his business were convicted of dumping sewage collected directly into the citys sewer system to avoid per-gallon disposal fees. Caldwell also underreported the amount of sewage collected into the hundreds of thousands of gallons.

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Judge orders All-Out Sewer owner to pay $636,000 in restitution

In the end it was Lorinda Wichman, the sole Nye County Commissioner from the north a member of the audience said under public comment she shouldnt even be voting on Pahrump matters who cast the pivotal vote on whether the county should take possession of a $4.5 million water and sewer plant to serve Spring Mountain Motor Sports and use the effluent to water the Pahrump fairgrounds project.

Wichman joined commissioners Frank Carbone and Donna Cox in voting no. That means raceway owners will construct a water and sewer plant to serve a massive expansion project an 80-home subdivision, recreational vehicle park, commercial strip with sit-down and fast food restaurants, a 231-room hotel, multiplex cinema and an artificial lake and donate it to for-profit Utilities Inc. of Central Nevada. Carbone made the motion to let the privately-owned utility take ownership of the water and sewer plant.

That leaves the kid up here making a decision for your community, Wichman said. The only part I have a problem with is this is the county taking on another utility without any idea of a budget.

Russ Meads, owner of Double M Construction, the builder of the project, told commissioners giving it to UICN would be more time consuming, requiring the company to obtain a Utility Environmental Protection Agency (UEPA) permit, a six- to nine-month process, plus another six months for an annexation agreement, annexing the old part of the racetrack property into the UICN service territory. But afterwards, Meads said the Public Utilities Commission may be able to process both those applications at once.

This really sets forever what our utility structure will be in the future, Meads told a group of residents gathered outside commission chambers.

Pahrump Town Manager Susan Holecheck, appearing visibly upset, said the rejection will doom the Pahrump Fairgrounds project, her top priority since taking the position. Nye County will take over town government functions in a little over seven months.

Commissioner Dan Schinhofen was visibly shaken by the vote against accepting what amounted to a $4.5 million gift.

Its going to save us $4 million in the future. Why we wouldnt approve this I dont know, he said. The next time you ask me to help a developer I dont know what to do for you. This is a great project for us.

Mike Meacher, vice-president and chief operating officer of Front Sight Firearms Training Institute, said he watched with great interest what the other major recreational provider was doing.

Its a wonderful project and I would implore you to figure out the most efficient way for this to occur, Meacher said. Theres some territorial issues involving the utility, but the issue for the county and the town should be pretty straightforward. You have a developer willing to spend tens, maybe millions of dollars in a community, theyre going to take very little out.

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Raceway debate turns into costly debacle

On Wednesday (May 14), U.S. Senator Charles E. Schumer urged the Environmental Protection Agency to act quickly to help curb the threat that toxic algae found in nearly 100 Upstate New York water bodies is posing to drinking water and New York residents. Schumer explained that conditions are ripe for record blue-green algae blooms in Upstate New York, and that the toxins that this algae produces, cyanotoxins, have the potential to contaminate local drinking water because many of these lakes or reservoirs are drinking water sources.

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This toxin is also found in lakes that are used for boating and swimming, putting swimmers at risk and also potentially causing beach closures, which harm tourism and the local economy.

Therefore, Schumer is urging the EPA to issue guidance to help protect New York drinking water supplies and New York residents.

View Schumer Report Toxic Algae

First, Schumer asked the EPA to issue guidance to help local water treatment plants test for and treat cyanotoxins in drinking water sources. Over a dozen countries including Canada currently test drinking water for cyanotoxins, but to date the EPA has not issued guidance on testing in the United States. Second, Schumer urged the EPA to develop water quality criteria for cyanotoxins in ambient water, which will help states better identify contaminated water bodies and implement water quality improvement programs that will help keep beaches open and drinking water safe.

Lakes are some of Upstate New Yorks greatest resources for tourism, recreation, and for healthy drinking water but toxic algae blooms threaten to greatly undercut the value of this resource, and whats more, have the potential to contaminate drinking water and make people sick, said Senator Schumer. So Im announcing a two-pronged plan that will help keep New Yorkers safe and protect our valuable lakes and reservoirs. First, I am urging the EPA to issue guidance and recommendations to local water treatment plans on how best to test for and treat these cyanotoxins. Second, I am pushing the EPA to develop clear water quality criteria for cyanotoxin levels in ambient water so that states like New York can better identify contaminated lakes and implement programs that will improve water quality.

With these two steps one to address contamination in drinking water and one to address contamination in lakes primarily used for recreation we can safeguard that glass of water we drink every day and ensure that lakes across Upstate New York can be enjoyed by tourists and residents alike, he continued.

Due to a number of factors, including runoff from nearby agricultural areas and aging sewer systems, the amount of phosphorus in lakes across Upstate New York has increased in recent years, causing large algal blooms to grow in the water.

Climate change has also brought warmer temperatures and more spring rainfall, both of which favor the growth of algae blooms.

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Schumer: Dangerous Toxic Algae Found In Nearly 100 Upstate NY Lakes Could Contaminate Drinking Water, Impact Summer ...