By Mike Stucka
Staff Writer
December 04, 2008 09:50 am BOXFORD — The town Board of Health yesterday condemned and barricaded a MassHighway salt shed, saying salt pollution in the drinking water threatens residents. Town officials sued two state agencies with a four-pronged lawsuit to stop the pollution they say has contaminated 37 wells. Jersey barriers were installed a day after the town read MassHighway's refusal to follow a cease-and-desist order at the Topsfield Road site near Interstate 95. "We don't take this action lightly," said Charles Costello, chairman of the Board of Selectmen. "It's very expensive to bring a lawsuit against MassHighway. We just don't see any other option. This has been a problem for 15 years." Road salt from an old shed worked its way into the groundwater for years, contaminating wells in the area. Water running off the pavement would pick up salt and dissolve it, while trucks making sharp turns sometimes dumped part of their loads. The state replaced that shed, so trucks are filled indoors, and improved training, but Boxford says the changes did not solve the problem. MassHighway began replacing residents' wells, but some new wells suffer from the same briny contamination. MassHighway's general council, Monica Conyngham, warned the town Monday that "the Boxford Board of Health has no authority to regulate or to issue orders concerning this facility." In essence, MassHighway is arguing the opposite of the Board of Health: If the salt depot is closed, health will be threatened on slick highways. "MassHighway can not cease operations at this facility, as it would seriously jeopardize our ability to maintain safe travel conditions on Interstate 95 and its ramp systems," Conyngham wrote in a letter rejecting the town's cease-and-desist order. In a statement yesterday, MassHighway Commissioner Luisa Paiewonsky said that, "With winter looming, the Boxford depot is important to our snow-fighting efforts. ... We have been working with the town of Boxford and remain willing to work with the town to resolve this matter." Costello said MassHighway can easily get salt at primary depots about five miles away in Newbury and Peabody. Dick Taylor, the chairman of the Board of Health, said he's worried the salt plume could reach the Andrews Farm development, which has 53 homes fed from a single water supply. That could at once more than double the number of homes with salty water, which can hurt people with high blood pressure or heart problems. Taylor said high salt intake can also cause ulcers, osteoporosis, stomach cancer, edema and heartburn, as well as simply irritate the skin during baths and showers. 'About time' Bob Davis, a Titus Lane resident, said a deal to sell his house fell through because of the salt contamination. Since then, his boiler has decayed, the pipes in a bathroom ruptured and his family has had rashes from salty showers, he said. The briny water is eating appliances, his plumbing and his heating system. He now heats the whole house with a stove because the boiler corroded. "I'm on my third dishwasher, fourth garbage disposal. I have gone through four submersible pumps in my original well," he said. Told of Boxford's actions, another neighbor, Stephen Puffer, replied, "Good. About time. It's about time." Puffer said he gave up trying to work with the agency, which put several wells on his property to replace a salty one. He still drinks bottled water. "I tried to work with them, and every time they just tried to find another way around," he said. The lawsuit aims to force MassHighway to close the salt shed and dig safe water wells. The Department of Environmental Protection would be compelled to hold MassHighway to state pollution laws. DEP spokesman Joe Ferson said a 2006 inspection showed the replacement salt shed was preventing salt from running off into groundwater. "MassHighway has in fact taken reasonable measures to ensure the shed does not pose a contaminant threat," he said. Taylor said earlier efforts failed to force MassHighway to stop illegally polluting. "We've been ignored by the governor, and we've gotten no response from the attorney general or the Department of Environmental Protection," Taylor said. At noon, Costello agreed to let MassHighway temporarily move the Jersey barriers to pull out several vehicles, including a street sweeper, from the complex. Costello guessed that MassHighway would need a court order to remove the barriers so the salt shed could be used. State Rep. Brad Hill said MassHighway asked the state Attorney General's office for help yesterday. He said he's predicted for years that only a court could resolve disputes between Boxford and MassHighway. "I hope the court can come to a quick resolution so we can finally move forward," he said. Hill said the salt shed may not be the only problem, because highway drainage has created salt pollution problems near Route 97, a mile away. Hill said public water supplies with wells in safe areas may be the only long-term solution. The town's lawsuit is scheduled for a hearing at 2 p.m. Tuesday in Lawrence Superior Court. Taylor said he didn't know whether the lawsuit, filed by Mark Reich of Kopelman and Paige, would succeed. "We have no idea. We're taking on the state," he said. What's at stake Road salt from the state's salt shed leached into the groundwater several years ago, polluting 37 wells. The shed was replaced so trucks aren't filled outdoors and rain doesn't carry salt away. Boxford argues that "this remedy has not adequately addressed the problem." A plume of salt from earlier spills is working its way underground through water aquifers. The lawsuit aims to Force MassHighway to stop using the salt shed.
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Click here to see Boxford's lawsuit against the state highway department and DEP
Click here to see the town's cease-and-desist order and the state's response
Click here to see the town's cease-and-desist order and the state's response
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