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Water Supply Update
INCO July 31, 2006
The Town of Reading has been working diligently to implement
the decision of the Special Town Meeting of June 2006, to
transition to full water service from the MWRA and to
decommission the existing water treatment plant.
To accomplish this change, the Town has asked its legislative
delegation to file special legislation to expedite this process. That
legislation has been filed, has passed the House, and has been sent
to the Senate.
Through Representative Brad Jones office, the Town has
developed an alternative to the special legislation, consisting of an
Administrative Consent Order (ACO) with the DEP, and a side
letter of agreement with the MWRA.
The result of the agreements in summary is:
• The Town will continue to operate its water treatment
plant until approximately September 15, 2006, at which
time the Town will be fully on MWRA water;
• The Town will keep the existing water treatment plant
operable until final approval of full MWRA buy-in from
the Water Resources Commission, which is expected to be
no later than June 2007;
• The Town will immediately apply for a Notice of Project
Change to MEPA;
• The Town will apply for a Phase 1 waiver to MEPA
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Water Supply Update
e39. NcoJuly 31, 2006
® Reading will retain its water registration of 2.57 mgd,
subject to renewal periodically as required by state
regulations;
® MWRA will provide the Town with up to 2.1 mgd of
water during the period prior to the completion of all
approvals by the state, and up to 2.27 mgd following that;
® The MWRA will charge current wholesale rates for the
water used in the period of time between now and the final
approval of full MWRA buy-in by the state;
® The MWRA will expedite the development of a redundant
water source to Reading;
The following is a detailed review of the features of the
agreements:
Status of Legislation
House Minority Leader Representative Bradley H. Jones, Jr. filed
the legislation requested by the Special Town Meeting to expedite
the process of moving to a full MWRA water supply. Prior to this
legislation moving on to the Senate, he has developed alternative
means to achieve the Town's water supply goals, and this
legislation has been suspended. Assuming an adequate resolution
of the Town's concerns, there will be no reason to push forward
with this legislation.
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Board of Selectmen
Water Supply Update
July 31, 2006
Administrative Consent Order (ACO)
The Commonwealth of Massachusetts Executive Office of
Environmental Affairs (EOEA), Department of Environmental
Protection and the Town of Reading have signed an Administrative
Consent Order to address the Town's water supply situation. Under
this ACO, Reading must meet several obligations, including
• filing a Notice of Project Change by August 7, 2006, with
MEPA, office of the EOEA; and
• on or before December 1, 2006, filing a request for approval
from the Water Resources Commission under the Interbasin
Transfer Act to join the MWRA as a full-time water member
The earliest ruling from the initial MEPA filing is expected to be
mid-October, 2006. If this is a favorable ruling, the next request
will be considered by the WRC. This process will.require five
months to complete.
Meanwhile, if Reading complies with all of the conditions of the
ACO, it may reduce/cease its withdrawal of water from the
Ipswich River basin immediately.
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Board of Selectmen
Water Supply Update
i July 31, 2006
MWRA
In a side agreement with the Town of Reading, the MWRA has
agreed to the following:
• Immediately provide to the Town an annual average of no
more than 2.1 million gallons per day, subject to the terms
and conditions of the ACO.
• Water will be provided to the Town at the prevailing rate for
its metropolitan area communities.
• MWRA will work with and support the Town in an expedited
review to become a fully served MWRA water community.
• MWR.A is committed to expedited planning, design, and
construction of distribution systems improvements to
improve system operability and reliability in the Northern
Intermediate High Service Area that serves Reading.
Louanis Water Treatment Plant
Previously, the Town received permission to join the MWR.A for
supplemental summer water supply, for a maximum of 219
millions gallons (mg) per year. The Town's Water Treatment Plant
will continue to operate until such time as an initial mid-October
favorable ruling from MEPA may allow the Town to exceed this
219 mg figure. Depending on weather and future water usage, this
is expected to be sometime in September.
Board of Selectmen
Water Supply Update
July 31, 2006
Reading's Long Term Water Supply
The ACO will expire in December of 2007. At this time, the Town
of Reading anticipates a final decision on joining the MWRA for
full water use to occur before June 30, 2007. Upon a successful
completed application to the MWRA, the Town will decommission
and demolish the Water Treatment Plant; retain its current
Registration rights to the Ipswich River basin; and convert the
latter to emergency status only.
s
July 31, 2006
Town of Reading
16 Lowell Street
Reading, MA 01867
Ben Tafoya, Chairman
James E. Bonazoli, V. Chairman
Stephen A. Goldy, Secretary
Camille W. Anthony
Richard W. Schubert
BOARD OF SELECTMEN
(781) 942-6643
FAX: (781) 942-9071
Website: www.ci.reading.ma.us
At their meeting of July 31, 2006, the Board of Selectmen approved the following
motion:
The Board of Selectmen pursuant to Section 5-2 (a) and (g) of the Town of Reading
Home Rule Charter voted to accept the provisions of the Administrative Consent Order
(ACO) NE - 06-F001 and authorize the Town Manager to sign the Administrative
Consent Order on behalf of the Town of Reading.
BOARD OF SELECTMEN
Ben Tafoya, Chairman
James E. Bonazoli, Vice Chairman
Stephen A. Goldy, Secretary
Camille W. Anthony
Richard W. Schubert
G
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE. OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
In the matter of: )
Town of Reading ) File No.: ACO-NE-06-F001
ADMINISTRATIVE CONSENT ORDER
1. THE PARTIES
1. The Massachusetts Department of Environmental Protection ("MassDEP" or
"Department") is a duly constituted agency of the Commonwealth of Massachusetts established
pursuant to M.G.L. c. 21A, § 7. The Department maintains its principal office at One Winter
Street, Boston, MA 02108, and its Northeast Regional Office at 205B Lowell Street,
Wilmington, MA 01887.
2. The Town of Reading ("Reading") is a Municipality with its Town Hall located at 16
Lowell Street, Reading, MA 01867. Reading's mailing address for purposes of this Consent
Order is 16 Lowell Street, Reading, MA 01867 ATTN: Peter Hechenbleikner. Reading is
responsible for the operations of the Reading, Water Department and the Louanis Water
Treatment Plant ("WTP") located on Strout Avenue in Reading, MA 01867.
II. STATEMENT OF FACTS AND LAW
3. The Department is responsible for the implementation and enforcement of M.G.L. c. 21G
and the Water Resources Management regulations at 310 CMR 36.00, and M.G.L. c. 111, § 159 et
seq., 42 U.S.C. §§300f- 300j (the Federal Safe Drinking Water Act) and the Drinking Water
Regulations at 310 CMR 22.00. The Department has authority under M.G.L. c. 21A, § 16 and
the Administrative Penalty Regulations at 310 CMR 5.00 to assess civil administrative penalties.
4. The following facts have led the Department to issue this Consent Order:
a. Reading has nine existing water supply sources located in the Ipswich River
basin. They are as follows: Revay Well #1 (03G), Well #2 (04G), Well #3 (05G),
B Line Well (06G), Town Forest Well (07G), Well #82-20 (08G), Well #66-8
(Well 09G), Well #13 (10G), and Well #15 (11G).
7Y
In the Matter of. Town of Reading
ACO-NE-06-F001
Page 2
b. Reading is Registered under the Water Management Act ("WMA") to withdraw
an annual average of 2.57 million gallons per day ("mgd") of water from the
Ipswich River basin pursuant to Registration Statement #3-17-246.01 originally
issued on February 15, 1991 and renewed on January 1, 1998.
c. The Ipswich River is one of the Commonwealth's most stressed rivers, with
streamflow in the upper watershed sometimes depleted to a dry riverbed.
d. Reading's streamside wells are located along the most impacted portion of the
Ipswich River, and Reading's withdrawals have a greater direct impact on the
Ipswich River than withdrawals by any other municipality.
e. Using 2005 data as an example, Reading's raw water withdrawals from the
.Ipswich River basin would have been reduced by an annual average of 1.98 mgd
if Reading had received all of its water from the MWRA System.
f. Businesses located within the Zone II of Reading's wells use hazardous materials
and generate hazardous waste, or store oil or hazardous material in above ground
or underground tanks. In addition, Interstate Route 93 crosses the west side of the
protective Zone I area around two of Reading's wells.
g. Reading has completed the entire process to purchase up to 219 million gallons of
water from the Massachusetts Water Resources Authority ("MWRA") Water,
Works System ("MWRA System") from May 1St through October 31St. This
required Massachusetts Environmental Policy Act ("MEPA") review, MWRA
approval (including approvals from both the MWRA Board of Directors and the
MWRA Advisory Board), and approval by the General Court for Reading to
become an MWRA member community. In addition, on June 9, 2005, the Water
Resources Commission ("WRC") conditionally approved Reading's request,
under the Interbasin Transfer Act ("ITA"), to join the MWRA System. The WRC
approved Reading's purchase and limited Reading's use of Ipswich River basin.
sources to 1 mgd, subject to certain exceptions and conditions.
h. Reading's quarterly finished water locational samples have periodically exceeded
the Trihalomethane Maximum Contaminant Limit.
i. Reading seeks to obtain all of its water from the MWRA System.
III. DISPOSITION AND ORDER
For the reasons set forth above, the Department hereby issues, and Reading hereby
consents to, this Order:
9 ?
In the Matter of: Town of Reading
ACO-NE-06-FOO I
Page 3
5. The parties have agreed to enter into this Consent Order because they agree that it is in
their own interests, and in the public interest, to proceed promptly with the actions called for
herein.
6. The Department's authority to issue this Consent Order is conferred by the Statutes and
Regulations cited in Part Il of this Consent Order.
Reading shall perform the following actions:
a. Provided that Reading has in place an agreement and commitment to receive its
water from the MWRA System, Reading shall reduce its withdrawal of water
from the Ipswich River basin to the extent feasible in order to effect the purposes
of the WMA and to ensure the delivery of a fit and pure water supply. Beginning
August 1, 2006, Reading may receive all of its water from the MWRA System
pursuant to an agreement and commitment with the MWRA, provided Reading
complies with the requirements and conditions set forth below.
b. On or before August 7, 2006, Reading shall file a Notice of Project Change and,
subsequently if required, an Environmental Impact Report to the MEPA office of
the Executive Office of Environmental Affairs ("EOEA") regarding Reading's
request to receive an annual average of up to 2.27 mgd of water from the MWRA
System. Such submission shall meet the requirements of M.G.L. c. 30, 61-
62H and 301 CMR 11.00.
c. On or before December 1, 2006, Reading shall submit a request for approval to
the WRC under the ITA to receive an annual average of up to 2.27 mgd of water
from the MWRA System. Such submission shall meet the requirements of
M.G.L. c: 21, 8B-8D and 313 CMR 4.00.
d. Reading shall exercise best efforts to obtain, within one year of the effective date of
this Consent Order, all certificates, permits and approvals related to the submissions
.required by Paragraphs b and c above. Without limitation, best efforts means that:
(i) Reading's submissions shall be complete and include all the information and
documentation required by the statutes and regulations identified in Paragraphs b
and c above; and (ii) Reading shall expeditiously respond to a request(s) for
additional information or documentation including, without limitation, responding to
any such request(s) within the timeline(s) established by EOEA or the WRC.
e. Effective immediately and during the review/approval processes under MEPA and
the ITA, Reading shall not exceed an annual average of 65 residential gallons per
capita day. Should Reading exceed an annual average of 65 residential gallons per
capita day, Reading shall the following calendar year impose the restrictions on
nonessential outdoor water use (Option 1: Calendar Trigger or Option 2: Stream
Flow Trigger using USGS South Middleton Gauge Station 01101500) as set forth in
IT I
In the Matter of. Town of Reading
ACO-NE-06-F001
Page 4
MassDEP's Guidance Document for Water Management Act Permitting Policy
effective date January 17, 2006, Section W. Summer Limits on Withdrawals.
f. Except as otherwise provided in Paragraph e above, effective immediately and
during the review/approval processes under MEPA and the ITA, Reading shall
comply with: (i) Conditions 3, 6, 8, 9, 10, 11 and 12 of the June. 9, 2005 WRC
Decision; (ii) Note #2 on page 29 of the June 9, 2005 WRC Decision; and (iii)
Attachment 1, Criterion #3 of the June 9, 2005 WRC Decision. Nothing in this
paragraph shall be construed as obviating the need for Reading to comply with all of
the requirements of the June 9, 2005 WRC Decision.
g. Effective immediately and during the review/approval processes under MEPA and
the ITA, Reading shall: (i) receive an annual average of no more than 2.1 mgd from
the MVVRA System; and (ii) withdraw from its registered water supply sources only
to the extent provided in this Consent Order or pursuant to an emergency declaration
or other MassDEP approval under M.G.L. c. 21G or as allowed under other
applicable law. This requirement shall not apply following Reading's receipt of
final certificates, permits or approvals under MEPA and the ITA to purchase its
water from the MWRA System. Nothing herein shall be construed to allow or
approve Reading's purchase of more than 219 million gallons of water from the
MWRA System from May 1St through October 31st unless in compliance with
MEPA.
h. In the event the volume of water that Reading is approved to receive from the
MWRA System in response to the submissions. required by Paragraphs b and c
above is less than 2.27 mgd, the maximum volume Reading may withdraw from its
registered water supply sources shall be the difference between 2.57 mgd and the
volume of water that Reading is approved to receive from the MWRA System such
that Reading's overall finished water use shall not exceed an annual average of 2.27
mgd. Such withdrawals shall be in accordance with applicable law including,
without limitation, Reading's WMA Registration and any revisions thereto. This
Consent Order shall not be construed or operate as limiting or affecting MassDEP's
authority to revise the terms and conditions of Reading's WMA Registration in
accordance with applicable law, nor shall this Consent Order be construed or operate
as limiting or affecting Reading's ability to challenge any such revision in
accordance with applicable law.
i. In the event Reading receives all of its water from the MWRA System while the
review/approval processes under MEPA and the ITA are ongoing, Reading shall, at
a minimum, continue to:
Maintain its existing water supply sources as an inactive water supply, in
accordance with the Drinking Water Regulations at 310 CMR 22.00 and
the Department's 2001 Guidelines and Policies for Public Water Supplies;
1d
In the Matter of: Town of Reading
ACO-NE-06-F001
Page 5
2. Maintain the capacity to provide water from its existing water supply
sources in the event of an emergency, including, in accordance with
M.G.L. c. 21G and the Drinking Water Regulations at 310 CMR 22.00,
the ability to provide disinfection;
3. Maintain its distribution system in operable condition and retain the
necessary staff to do so, in accordance with the Drinking Water
Regulations at 310 CMR 22.00;
4. Maintain or improve its ownership or control of the Zone I for its wells in
accordance with the Drinking Water Regulations at 310 CMR 22.00;
5. Maintain or improve its Zone II wellhead protection in accordance with
the Drinking Water Regulations at 310 CMR 22.00; and
6. Maintain its WTP in operable condition.
j. Within forty-five (45) days of the effective date of this Consent Order, Reading shall
submit to MassDEP for review and approval a detailed plan and implementation schedule
to ensure compliance with the requirements set forth in Paragraph i.1-6 above. Reading
shall implement the plan and schedule as approved by MassDEP.
k. Within thirty (30) days following receipt of final certificates, permits or approvals under
MEPA and the ITA to purchase all of its water from the MWRA System, Reading shall
submit to MassDEP for its review and approval a detailed plan and implementation
schedule to address, at a minimum, the following:
l : The decommissioning and demolition of Reading's WTP in accordance
with applicable law;
2. Conversion of Reading's existing water supply sources from inactive
status to emergency status in accordance with the Drinking Water
Regulations at 310. CMR 22.00. Said plan shall include the actions
necessary for Reading to maintain the capacity to provide water from its
existing water supply sources in the event of an emergency, including the
ability to provide disinfection;
3. Maintaining or improving its ownership or control of the Zone I for its
wells in accordance with the Drinking Water Regulations at 310 CMR
22.00; and
4. Maintaining or improving its Zone II wellhead protection in accordance
with the Drinking Water Regulations at 310 CMR 22.00.
Reading shall implement the plan and schedule as approved by MassDEP.
1. In the event Reading has not received final certificates, permits and approvals with respect
to the-submissions required by Paragraphs b and c above by December 31, 2007, or by a
later date agreed to by the parties, Reading shall immediately cease its receipt of water from
the MWRA System under this Consent Order. In such event, Reading shall obtain its water
In the Matter of Town of Reading
ACO-NE-66-F001
Page 6
from the MWRA System pursuant to the WRC's June 9, 2005 Decision and from its own
water supply sources pursuant to its WMA Registration and any revisions thereto.
8. Except as otherwise provided, all notices, submittals and other communications required by
this Consent Order shall be directed to:
Eric Worrall
MassDEP-NERO
205B Lowell Street, Wilmington, MA 01887
Such notices, submittals and other communications shall be considered delivered by Reading
upon receipt by the Department.
9. Except as otherwise provided herein, actions required by this Consent Order shall be
taken in accordance with all applicable federal, state, and local laws, regulations and approvals.
This Consent. Order shall not be construed as, nor operate as, relieving Reading or any other
person of the necessity of complying with all applicable federal, state, and local laws, regulations
and approvals.
10. The Department hereby determines, and Reading hereby agrees, that the deadlines set
forth above constitute reasonable periods of time for Reading to take the actions described.
11. Reading understands, and hereby waives, its right to an adjudicatory hearing before the
Department on, and judicial review of, the issuance and terms of this Consent Order and to
notice of any such rights of review. This waiver does not extend to any other order issued by the
Department.
12. This Consent Order may be modified only by written agreement of the parties hereto.
13. The provisions of this Consent Order are severable, and if any provision of this Consent
Order or the application thereof is held invalid, such invalidity shall not affect the validity of
other provisions of this Consent Order, or the application of such other provisions, which can be
given effect without the invalid provision or application, provided however, that the Department
shall have the discretion to void this Consent Order in the event of any such invalidity.
14. Nothing in this Consent Order shall be construed or operate as barring, diminishing,
adjudicating or in any way affecting (i) any legal or equitable right of the Department to issue
any additional order or to seek any other relief with respect to the subject matter covered by this
Consent Order, or (ii) any legal or equitable right of the Department to pursue any other claim,
action, suit, cause of action, or demand which the Department may have with respect.to the
subject matter covered by this Consent Order, including, without limitation, any action to enforce
this Consent Order in an administrative or judicial proceeding. Reading reserves any rights it
may have to appeal or defend any such order, claim, action, suit, cause of action, or demand,
/J' .
In the Matter of, Town of Reading
ACO-NE-06-F001
Page 7
except that Reading shall not challenge the validity, terms and binding nature of this Consent
Order.
15. This Consent Order shall not be construed or operate as barring, diminishing,
adjudicating, or in any way affecting, any legal or equitable right of the Department or Reading
with respect to any subject matter not covered by this Consent Order.
16. Reading shall not violate this Consent Order and shall not allow or suffer Reading's
departments, boards, committees, commissions, officers, employees, agents, contractors or
consultants to violate this Consent Order.
17. Reading shall pay stipulated civil administrative penalties to the Commonwealth, as
demanded by MassDEP, in accordance with the following schedule if Reading violates any
provision of this Consent Order:
For each day, or portion thereof, of each violation, Reading shall pay stipulated civil
administrative penalties in the following amounts:
Period of Violation Penaltv ner day
1St through 21St days $100 per day
22"a through 30th days $250 per day
31St day and thereafter $500 per day
Stipulated civil administrative penalties shall begin to accrue on the day a violation occurs
and shall continue to accrue until the day Reading corrects the violation or completes
performance, whichever is applicable. Stipulated civil administrative penalties shall accrue
regardless of whether the Department has notified Reading of a violation or act of
noncompliance. All stipulated civil administrative penalties accruing under this Consent Order
shall be paid within thirty (30) days of the date the Department issues Reading a written demand
for payment. If simultaneous violations occur, separate penalties shall accrue for separate
violations of this Consent Order. The payment of stipulated civil administrative penalties shall
not alter in any way Read'ing's obligation to complete performance as required by this Consent
Order. The Department reserves its right to elect to pursue alternative remedies and alternative
civil and criminal penalties which may be available by reason of Reading's failure to comply
with the requirements of this Consent Order. In the event the Department collects alternative
civil administrative penalties, Reading shall not be required to pay stipulated civil administrative
penalties pursuant to this Consent Order for the same violations.
Notwithstanding the foregoing, the Department agrees not to assess stipulated civil
administrative penalties under this Consent Order for a violation(s) of Paragraph 716, that
occurs following final decisions by MEPA and the WRC denying Reading's request to receive
all of its water from the MWRA System.
/13
In the Matter of. Town of Reading
ACO-NE-06-F001
Page 8
Reading reserves whatever rights it may have to contest the Department's determination that
Reading failed to comply with the Consent Order and/or to contest the accuracy of the
Department's calculation of the amount of the'stipulated civil administrative penalty.
18. Reading shall pay all stipulated civil administrative penalties due under this Consent
Order by certified check, cashier's check, or money order made payable to the Commonwealth
of Massachusetts. Reading shall clearly print on the face of its payment Reading's full name, the
file number appearing on the first page of this Consent Order, and the Reading's Federal
Employer Identification Number, and shall mail it to:
Commonwealth of Massachusetts
MassDEP
Commonwealth Master Lockbox
P.O. Box 3982
Boston, MA 02241-3982
Reading shall simultaneously mail a copy of the payment to:
Eric Worrall
MassDEP-NERD
205B Lowell Street
Wilmington, MA 01887
In the event Reading fails to pay in full any civil administrative penalty as required by this
Consent Order, then pursuant to M.G.L. c. 21A, § 16, Reading shall be liable to the
Commonwealth for up to three (3) times the amount of the civil administrative penalty, together
with costs, plus interest on the balance due from the time such penalty became due and
attorneys' fees, including all costs and attorneys' fees incurred in the collection thereof. The rate
of interest shall be the rate set forth in M.G.L. c. 231, § 6C.
19. Failure on the part of the Department to complain of any action or inaction on the part of
Reading shall not constitute a waiver by the Department of any of its rights under this Consent
Order. Further, no waiver by the Department of any provision of this Consent Order shall be
construed as a waiver of any other provision of this Consent Order.
20. Reading agrees to provide the Department, and the Department's employees,
representatives and contractors, access at all reasonable times to its water supply wells, water
treatment plant and other related facilities and systems for purposes of conducting any activity
related to its oversight of this Consent Order. Notwithstanding any provision of this Consent
Order, the Department retains all of its access authorities and rights under applicable state and
federal law.
Al.
In the Matter of: Town of Reading
ACO-NE-06-F00I
Page 9
21. The undersigned certify that they are fully authorized to enter into the terms and
conditions of this Consent Order and to legally bind the party on whose behalf they are signing
this Consent Order.
22. This Consent Order shall become, effective on the date that it is executed by the
Department.
Consented To:
TOWN OF READING
By:
Peter. Hechenbleikner
Town,Manager
Town of Reading
16 Lowell Street
Reading, MA 01867
Federal Employer Identification No.: 04-600-1277
Date:
Issued By:
MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION
By:
Richard J. Chalpin
Regional Director
MassDEP-NERO
205B Lowell Street
Wilmington, MA 01887
Date:
f S",
OF~$
Town of Reading
~o 0 16 Lowell' Street
j639'►xcol- 0 Reading, MA 01867-2685
FAX: (78,1) 942-9071
Email: townmanager@ci.reading.ma.us
July 31, 2006
Deerin Babb-Brott, Director
MEPA-EOEA
100 Cambridge St., Suite 900
Boston, MA 02114
Re: MEPA Filing
Dear Mr. Babb-Brott;
TOWN MANAGER
(781) 942-9043 ,
The Town of Reading and MADEP have signed an Administrative Consent Order ACO-NE-06-
F001 related to the buy-in by Reading to the MWRA water system for full use of MWRA water
by the Town.
It is our understanding from the meeting held on July 25, 2006 with MEPA and Town
representatives that the Town may file a Phase 1 Waiver request relative to this matter, and the
Town intends to do so.
We also understand that, subsequent to Reading's August 7, 2006 filing of a Notice of Project
Change, the Town will submit a Supplemental Final Environmental Impact Report, if required, to
the Massachusetts Environmental Policy Act (MEPA) unit of the Environmental Executive Office
of Environmental Affairs (EOEA) regarding Reading's request to receive up to 831 million
gallons of water (366 days x 2.27 mgd) annually from the MWRA system. Such submittal shall
meet the requirements of MGL c. 30, s 61-62H and 301 CMR 11.00.
Please let me know immediately if this is not your understanding of these discussions.
in ere.A,
P ter I. Hec ikner
Town Manager
CC: Secretary EOEA
David Luke
16.
July 31, 2006
Mr. Peter Hecbefibleikner
Reading Town Manager
16 Lowell Street
Reading; MA 01867-2685.
Subject: Agreement mid Comi-nitment of MW.RA Water Supply to the Town Of Reading
,Dear. Mr. H.echenbleileraer:
This letter is intended to complement the Administrative Consent Order -N.B.- 06-FOOl
(ACO) between the Town of Reading and the Department of Environmental Protection.
The ACO requires Reading, provided it has in place an ag eemmt and commitment to
Cccc ive its water from M-W.t7A, to reduce .its withdtawal fi-om the Ipswich :R.i.ve'r basin to the'
extant feasible in order to effect the purposes of the VI MA and to ensure the delivery of, a tit and
pure water supply. It states that beginning July 31, 2006, k.eading'may'receive all of its water
from the MW-RA system provided it complies with certain requirements and conditi.on.s, as sot
fortli in tlic ACO. 'Me A.CO also commits Readitig to a series of actions anal rni.lcstones for
submission of doctunents related to IYMPA, and I.TA regulatgry reviews. .
,The current Water Supply Agreement between. Reading and MW12A..cornmits MWRA to
provide Reading with 219 million gallons of water on an ar_mtua.l volume basis. This letter hereby
amends that Agreement to reflect the disposition and order of the ACCT: 1vSorc specifically,
1. MWRA agwees.to immediately provide the Town of Reading an aririual average of
no more than 2.1 m.gd, subject to E oth the term. duration and conditions of the
ACC) between DEP and Reading.
2. Water will be provided to Rca&g at the prevailing rate for its rrietropolitan area
communities.
3. MWRA agrees to work witli. and, support the Town of Reading in an expedited
review to become a ful.l.y served MWRA, water comnzLu,ity. MWRA will provide
technk,al assistance during this review.
/7
4. MWR,A, is committed to expedited planning, design, and construction of
distribution system irnprovoinents to improve system operability and reliability in
the Northern Intermediate X3igh Service, Area that serves Reading,
Kindly date and execute this amendment on the below signature line and retwu a fully
executed copy to my attention.
Sincerely,
Fzoderick A. l;a.skcy,
Executive Director
Agreed to and accepted this ` day of 2006
Town of Read' g
By:
Peter. Hechenbleikner, Town Manager
Duly Authorized
/ 'T I
Page 1 of 1
Hechenbleikner, Peter
From:
Hechenbleikner, Peter
Sent:
Monday, July 31, 2006 2:54 PM
To:
Reading - Selectmen
Cc: Schena, Paula
Subject: ACAC
With the new bylaw we need to appoint an ACAC (Animal Control Appeals Committee). We have a. case that just
happened so we need to get the ACAC appointed now. I am suggesting that the 3 member committee on an
interim basis consist of:
• A member of the Board of Health - David Singer has agreed to serve - he is an animal owner
• A member of the Board of Selectmen
• One other resident - it cannot be an employee
We will then go through the proper posting of the posting by charter -15 day wait etc.
We need a resident who is not an employee - any suggestions?
Pete
7/31/2006
Page 1 of 1
Hechenbleikner, Peter
From: Fiore, Jane
Sent: Monday, July 31, 2006 11:37 AM
To: Hechenbleikner, Peter
Subject: ACAC 7/31 BOS mtg
Peter,
David Singer, DDM
BON member is willing to sit on this committee
Was on the BOH for the appeal last fall of the DiBiasi vs. Clay case
66 Prospect St
781-942-2746
( C ) 781-771-4768
endoman47e-comcast. net
Jane
Jane M. Fiore, RN,CHO
Health Services Administrator
Town of Reading
16 Lowell Street
Reading, MA 01867
781-942-9061
f781-942-9071
C)b
7/31/2006
Page 1 of 2
Hechenbleikner, Peter
From:
cleadyhse@comcast.net
Sent:
Monday, July 31, 2006 4:11 PM
To:
Reading - Selectmen
Subject: Copy of a letter faxed to Town Manager today July 31 2006
31 Curtis St
Reading, MA 01867
Peter Hechenbleikner, Town Manager
Town Hall, Reading, MA 01867
July 31, 2006
RE: A matter of public safety
Dear Sir:
VIA CERTIFIED MAIL
It was a pleasure to meet you on Friday at Town Hall. Your service to our town is appreciated. I come
from a family with a tradition of public service and public safety: one of my brothers a Vietnam era Air
Force veteran; four brothers are police officers; my, sister works with a US defense contractor and her
two sons serve with the US Marines. I write to you today on a matter of public safety.
My two year old son Colin was mauled by a vicious dog that attacked him in a town park behind the
Joshua Eaton School on Monday July 24th. Colin suffered a serious injury. Bleeding and with
extensive bruising, he was rushed to Winchester Hospital where he was treated in the emergency room
for a deep wound. At 1:30 am on July 25th, I had to get back in touch with the ER when Colin showed
signs. of infection: redness and severe swelling of his right hand and a temperature of 102 degrees.
He remains under the care of doctors at Wilmington Pediatrics while undergoing treatment for his
injury. Colin, along with his brother Christian (4) and Nicole (1) have been very traumatized by the
attack. We expect Colin will have permanent scarring on his right hand as a result of this attack. Since
several animals in Reading, according to the Town records, tested positive for Rabies in the past year, it
has been an extremely stressful and difficult time for my family. The dog is registered to one Deborah
DiBiase, 24 Cherry Lane Drive, Reading.
It has now come to my attention that last year this dog was ordered to be put down by Town Health
Administrator Jane Fiore, Animal Control officer Ron Burns and/or a member of the Town Board of
Health. It appears from records obtained that the dog owner then hired an attorney, and appealed this
decision. Thereafter, the Board of Health members overruled the prior decision of three Town
employees ignoring the fact that the dog had a violent history. They allowed the dog to return to its
owner's residence in close proximity to the Joshua Eaton School and adjacent park. They were
apparently influenced by, among other things, the testimony of a dog psychologist hired by and paid a
fee by the family to give a favorable statement on their dog at the appeal hearing.
I am struck by the professional manner Jane Fiori and Ron Burns have dealt with me in the past week.
However, I feel the Board that set this dog free made a grave and serious error. It don't want this
7/31/2006 1
Page 2 of 2
vicious animal released on Thursday August 3rd into a neighborhood populated by young children.
I don't anticipate that Chief Cormier has the resources to have an officer patrol the area around the
owner's home on an hourly basis, nor do I expect Ron Burns who works on a part time basis to have the
time to deal with the oversight in this case clearly required because of past violations.
Sir, I grew up on a farm surrounded by animals and dogs. My brothers, in the line of duty, have
received commendations from animal welfare societies for their work on animal welfare matters. I am
not an animal hater. However, a dog with a well documented vicious temper such as in this case should
have been put down. The Town allowed him to be released, allowing him to cause serious and possible
permanent injury to my child.
I am herein documenting the fact that I object strenuously to the release of this dog to the owner once
again. I do this on the basis that it is vicious, it is a danger to the public, and that the owner completely
ignored the prior orders of the town as set forth in the agreement letter of October 31, 2005. I urge you
to order it kept in its present holding facility until such time as your committee has rendered a decision
on its faith. Failure to do so, and a subsequent attack by this dog may not only result in another serious
injury or death to a child, but also potentially expose the town to a liability matter. Parents and young
children will be put at risk.&nbs p; If the dog owner had the resources to hire an attorney and dog
psychologist last year, she can surely then as a matter of public safety afford the additional kennel fees
until the newly formed Committee renders a decision in this case.
Because, I don't want to see another innocentchild or baby mauled, I am prepared to testify before a
committee on the full details of the attack on my child by this vicious dog.
Sincerely yours,
Mr. Kieran C. O'Sullivan
CC: Town of Reading Police Chief James Cormier
Jane Fiori, Health, Administrator.
Ron Burns, Animal Control Officer
Via Email to selectmena.ci.readina.ma.us Members of the Board of Selectmen
^a .
7/31/2006 O(~,
Page 1 of 1
Hechenbleikner, Peter
From: Johnson, Cheryl
Sent: Monday, July 31, 2006 4:24 PM
To: Hechenbleikner, Peter
Cc: LeLacheur, Bob
Subject: RE: Oakland Road
There was an instructional motion on May 4, 2006 that read:
ARTICLE 3 - On instructional motion by Mark Dockser, precinct 1, it was moved to instruct the Board of
Selectmen to report back to Town Meeting in regards to Article 13 of the November 14, 2005 Warrant of
Subsequent Town Meeting regarding potential open space around Reading Memorial High School.
Is this the Oakland Road motion?
From: Hechenbleikner, Peter
Sent: Monday, July 31, 2006 2:44 PM
To: Johnson, Cheryl
Subject: FW: Oakland Road
Can you get me the instructional motion?
Pete
From: Camille Anthony [mailto:canthony@ftmc.net]
Sent: Monday, July 31, 2006 2:00 PM
To: Hechenbleikner, Peter
Subject: Oakland Road
Pete:
Bill said I got a call from Russ Graham (on the message machine which he erased by mistake) who was very
upset that we spoke about the Oakland Rd land last meeting. He said there was an instructional motion from
Town Meeting and we weren't following its wishes. I have not spoken to Russ yet, but will call him.
Could you let us know tonight what the instructional motion was? Thanks,
Camille .Anthony
7/31/2006
023
OF R
Town of Reading
16 Lowell Street
r w Reading, MA 01867-2685
moo.. ,
j639' INCO&Y0
FAX: (781) 942-9070
Website: www.ci.reading.ma.us
TOWN CLERK
(781) 942-9050
ANNUAL TOWN MEETING'
May 4, 2006
ARTICLE 3 - On instructional motion by Mark Dockser, Precinct 1, it was moved to instruct
the Board of Selectmen to report back to Town Meeting in-regards to Article 13 of the November
141 2005 Warrant of Subsequent Town Meeting regarding potential open space around Reading
Memorial High School.
Motion carried.
A true copy. Attest:
Cheryl A. Johnson
Town Clerk
a~
FAX: (781) 942-9070
Website: www.ci.reading.ma.us
Town of Reading
16 Lowell Street
Reading, MA 01867-2685
TOWN CLERK
(781) 942-9050
SPECIAL TOWN MEETING
March 3, 2003
ARTICLE 2 - On motion by William C. Brown, Precinct 8, it was moved to instruct the School
Committee to, transfer care and custody and control of Lots 22, 23, 24, 34, 139 and that portion
of Lot 35 which abuts Lot 34 on the southerly side of Oakland Road as shown on the Board of
Assessors plate 123 to the Board of Selectmen for other municipal use and/or sale.
Motion did not carry
A true copy. Attest:
Cheryl A. Johnson
Town Clerk
as 1
Town of Reading
16 Lowell Street
Reading, MA 01867-2685
FAX: (781) 942-9070
Website: wwwxi.reading.ma.us
TOWN CLERK
(781) 942-9050
ANNUAL TOWN MEETING
April 28, 2003
ARTICLE 3 - On motion by Camille W. Anthony, Chairman of the Board of Selectmen, it was
moved to instruct the Board of Selectmen to request the Governor to file Home Rule legislation
authorizing the Town of Reading to incur debt for the renovation and construction of the
Reading Memorial High School project for up to 30 years. Said debt was approved by the
Reading Town Meeting under Chapter 44, Section 7(3) and 7 3(A) and Chapter 70 B of the
General Laws on January 13, 2003, and excluded from the property tax levy limits of Chapter
59, Section 21 C in a Town wide election on February 25, 2003.
Counted Vote Requested
157 voted in the affirmative
1 voted in the negative
A true copy. Attest:
~'~Cheryl~ . Johnson
Town 6 erk
a6.