Prof. PHELPS. It was not so simple to determine just what----

Mr. POWELL. Pardon me. You say that the burdens imposed by the treaty

on communities like the city of Buffalo are not so great as the law

of the United States or the law of Canada would impose upon these

communities. Is that what you mean?

Prof. PHELPS. No, sir. May I return to that point later? I was about

to say that it was not self-evident in the terms of the treaty and

the reference just how much pollution could be permitted without

permanent and definite injury to the health and property of those on

the other side. It was necessary to seek advice upon that point, and

it seems to me that that point is the only one susceptible of any

difference of opinion. It must be understood, in the first place,

that rivers of this sort can not be maintained in their pristine

purity. They must serve for the natural drainage of populous areas,

and they must be polluted to a greater or less extent. Furthermore,

the city sewage can be treated to almost any condition desired. We

can make drinking water out of it if we want to, but the cost would

be prohibitive. We can purify it to any degree varying from mere

screening up to the drinking-water standard.

Now, how much pollution shall we permit in these rivers--how much

ought we to permit, considering the economic aspect of the situation,

and also to comply with the obligations of the treaty? Upon this

point the commission sought the best engineering advice available,

and obtained a definite statement of a limiting standard of purity

beyond which it was deemed unwise to go for drinking-water supplies.

Now, there is no question here of using these supplies in their raw

state; it is assumed to be the duty of all cities using these rivers

to purify them to the best of their ability. It was only proposed

that the rivers should not be polluted beyond a fit condition for

further purification for domestic purposes. It is the most moderate

and conservative standard that we can possibly propose.

Having arrived at this point of departure with respect to a standard,

which is capable of some flexibility, and is, after all, only an

opinion, the remainder of the work was purely an engineering study of

the means necessary to accomplish the desired results. Those means,

as I have stated, we have studied in some detail. We are satisfied

that our figures are correct. We are satisfied that the city can do

what has been recommended to the commission within the estimated

cost. As I have stated, we believe they can do it for less money.

The progress of sewage purification and the necessary additional

engineering studies will undoubtedly bring about further economies.

We are content, however, to rest upon the figures given. We believe

that those figures are a reasonable and justifiable burden to impose

upon this city.

Now, as to the standard itself. That is, of course, open to

discussion. It may be too severe. The city of Niagara Falls seems to

be quite content to purify this water as it is to-day. Other cities

are not. There are upon record several cases of water filters or

purification plants, treating water worse than our proposed standard,

which have on occasions failed. The best engineering devices fail at

times, and the water filter, or a sterilization plant, is at most a

fallible engineering device. It is fairly satisfactory, but at times

it fails, and it is our duty as sanitarians to provide a raw water

for treatment at such plants of a character which will not impose too

much of a burden upon the water plant, which will not reduce the

margin of safety below a reasonable point.

We had all these matters in mind in fixing the standard alluded to,

and if any further discussion is desired as to the reasonableness of

that standard, we shall, of course, welcome it.

Capt. Norton’s suggestion this morning that instead of considering

the entire cross section, we should consider the fact that the water

is naturally better in some strips than it is in others, seemed to

me to be a point well taken. Of course that is not a matter that we

can deal with in figures. The only way we could handle the matter in

figures was to assume that the sewage was mixed throughout the cross

section, and it is shown in the report that that is probably the most

extreme assumption. It gives us the worst water, because if it is not

mixed throughout the cross section, then there are necessarily better

and worse streaks than the average, and the better streaks would be

available for a source of water supply. On the other hand, the flow

of water in streams or lines is a matter which is not capable of

definite engineering study. It is a matter which can be discovered

only by experimental work on the river, and it is a matter upon which

we do not dare to place too much reliance. There are in most rivers

changes in the channels, in the drift of the current as effected

by the direction of the wind; then various elevations and rates of

flow modify the drifts to a certain extent. So I think we should be

a little cautious in assuming that there are available at all times

streaks of water better than the average. I do not doubt that there

are in most cases just such conditions.

Mr. TAWNEY. Prof. Phelps, are these purer streaks, as you call them,

continuous or liable to change?

Prof. PHELPS. They follow, in general, lines parallel to the river

channel. As the river channel bends, if there is a heavy pollution on

one shore, it tends to keep on that shore. The farther downstream we

go the less definite become these stratifications.

Mr. TAWNEY. But these purer streams that Mr. Norton spoke of?

Prof. PHELPS. They follow too. The whole flow tends to be in parallel

lines. Between here and Niagara Falls there is very definite evidence

that the pollution tends to hug the shore and the water in the center

of the river remains for the most part relatively purer. Below the

Falls, in the gorge and the whirlpool, there is a complete mixing, so

that with respect to the water supply below that point we would have

to accept an average mixture.

Now, in answer to Mr. Magrath’s question regarding these standards

from an international viewpoint and the question of how much

pollution crosses the boundary waters, I would say that the standards

are much less severe than they would be if we had to consider the

local situation. On the other hand, Mr. Powell mentioned the national

laws. The State and National laws are very weak in our country, as

is evidenced by the present situation, so that our international

requirements as contained in these standards are more stringent than

existing laws, but if a proper law against stream pollution, or any

standards such as the commission is considering, were adopted by the

Federal Government the local requirements would be more excessive

than the international requirements. The pollution, in any event,

tends to keep on the same side of the stream. That is, it does not

cross the boundary in any such concentration as exists along the

shore of its origin.

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.)

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