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"If the laws were enforced, it would make a huge difference."

- Jane Winn of Pittsfield, December 29, 1998

"We need to develop a strategy to make sure less [pollution]
goes in [the river]." 

- Peter Berle of Stockbridge, August 12, 1998

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Community-Based Stewardship

With few exceptions, existing regulations governing the Housatonic River and its corridor are adequate for a sustained restoration of the river, participants said.

The Clean Water Act of 1972, Massachusetts Rivers Protections Act of 1996, and other federal, state and local laws provide the legal framework to protect the river from future pollution and development along its corridor. The missing element, several people said, is better understanding of the laws and enforcement of them.

"The best you can do is get the laws enforced that are already on the books," said Jane Winn of the Massachusetts Audubon Society. "If the laws were enforced it would make a huge difference. If you can stop bad things from going in the river, nature will take care of itself."

HRR or another organization should take a lead role in overseeing the appropriate enforcement of environmental protection laws. 

"Permits are given to mills along the river to regulate the amount of pollutants going into the river. Nobody is looking at that in an aggregate way," said Peter Berle who lives along the river in Stockbridge. "We need an ongoing monitoring of it and we need to develop a strategy to make sure less goes in."

Massachusetts Division of Fisheries and Wildlife Board Chairman George Darey of Lenox suggested that every house on the river be checked for septic outflow and perimeter drains.

"The organization should try to get some standing with the regulatory agencies which issue environmental permits," suggested EOEA Team Leader Tom O’Brien. "Perhaps the organization could be a sounding board for the agencies as part of their permit review process. Another function could be identifying dams that need canoe portages developed so as to avoid recreational contact with impounded river and bank sediment, which might represent a higher health risk."

Some property owners, however, were not eager to see a new layer of governmental authority along the river. "I don’t want there to be another government organization that can exercise control over individual property owners," Stockbridge property owner Joseph Ruggio said.

But Berle said he did not envision a new entity issuing permits, rather it could put together an overall scheme that permitters would have to defer to. The Lake George Association has that sort of arrangement and has enough clout to give direction to the state.

There was also significant support for the development of a river monitoring system with grassroots participation. 

"Have a RiverKeeper with signs up and down the river with a phone number people can call to report illegal activities that are having an impact on the river" Winn said. "The RiverKeeper needs a high profile so people know who to call, and they must be able to get results to punish the polluter and clean up the reported problems."

She added that the existing laws need to be enforced impartially, including abuses by government agencies. She suggested signs be placed along the river with the names and telephone numbers of people to contact to alert them to infractions, and that a network of river advocates and enforcers be put in place. 

Stockbridge Conservation Commission Chairman Shep Evans observed that the Massachusetts Rivers Protection Act has a 200-foot protected corridor along it with existing regulatory agencies to enforce it. He compared the Housatonic to the Appalachian Trail, and suggested the Appalachian Mountain Club as a model for maintenance and enforcement.

Several members of town conservation commissions said they and other local boards could use technical assistance in fully understanding some of the existing regulations and developing new protective bylaws and regulations. Lee Conservation Commission Chairman Deborah Garry said funds to assist in the enforcement of regulations would be very helpful.

Other specific issues raised regarding environmental regulations and their enforcement included:

  • Better publicizing what the regulations are. "There should be more public information about the do’s and don’ts," said John Zuber. Laura Dubester of Great Barrington suggested posting basic information at canoe access sites and other strategic spots along the river.

  • Prohibiting gas-motor boats in the Housatonic River. Although existing bylaws prohibit the use of motor boats in the Housatonic River in some towns, environmentalists said they may need to be strengthened and that some towns do not have any bylaws at all. Environmentalists urged that this be accomplished early in the restoration process as it would be a key protection against overuse of the river.

  • Improved enforcement of hunting and wildlife regulations. Several sportsmen said illegal actions by some sportsmen were harming the image of the vast majority of responsible hunters and fishermen. They suggested the development of a blind permit system for duck hunting to discourage "shlock hunters" from leaving litter and practicing irresponsible hunting activities.

  • Preventing illegal dumps along the river. Former Great Barrington Planning Board member Margaret Gulick said measures should be taken to prevent further illegal dumps along East Sheffield Road. Similar problems were raised in other towns.

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