Sakonnet Harbor should be an ecological gem for the entire region, not a dumping ground for sewage.”

Kyla Bennett, PEER

The data provided to DEM did not show a violation of water quality criteria. To date, DEM and RIDOH have found no evidence of sewage discharges into this waterbody.”

Michael Healey, RI DEM

LITTLE COMPTON — An environmental action group is calling on the U.S Environmental Protection Agency (EPA) to “intervene” in citizen allegations of sewage pollution in Sakonnet Harbor.

“One of Rhode Island’s picturesque waterfronts appears to have a chronic sewage problem requiring immediate enforcement action,” states a complaint filed Wednesday by Easton, Mass.-based Public Employees for Environmental Responsibility (PEER).

While Sakonnet Harbor is classified as safe for shellfish harvesting and water recreation, “citizens report that sewage dumping may be a regular occurrence,” the group said.

The complain points to:

• “Six months of water samples collected and analyzed by a laboratory showing high levels of enterococci contamination, associated with human waste;

• “Boats in the harbor this summer appeared to lack required inspection decals to verify compliance with he no-discharge law;

• Repeated citizen reports of strong sewage odors, possible use of an old well contaminated with sewage for cleaning boats, septic alarms going off at the nearby Sakonnet Point Club, and discolored discharge coming out of the subsurface seawall behind the club.”

“Sakonnet Harbor should be an ecological gem for the entire region, not a dumping ground for sewage,” said New England PEER Director Kyla Bennett, a scientist and attorney formerly with EPA.

She said the water sampling was conducted by BAL Laboratory of Cranston, “a certified water testing lab.” The sampling was commissioned by “some concerned residents who want to remain anonymous as I’m sure you can understand.”

Ms. Bennett said DEM has been “largely unresponsive” to the citizen reports and to the water sampling results.

“The Clean Water Act allows EPA to step in to take enforcement action where the state has shirked its responsibilities,” she said. “The evidence of discharges is clear, but requires official investigation and follow-up to be meaningful,” added Bennett. “Rhode Island is administering the Clean Water Act through a delegation from EPA premised on the state providing comparable pollution protection, but DEM is no longer meeting this elementary standard.”

DEM disputes findings

Asked about the complaint, test results and accusations of inaction, RI DEM spokesman Mike Healey said DEM’s has done its own testing and found no evidence to support sewage dumping accusations.

“DEM’s Office of Compliance and Inspection (OCI) performed multiple inspections in response to complaints received about the alleged discharge of sewage into Sakonnet Harbor. As a result of four inspections conducted between 2012 and 2019, DEM could not identify any unauthorized discharges to the harbor.”

Mr. Healey said the four tests all produced findings of “unfounded.” Two (in August 2012 and December 2018) were conducted in the vicinity of the Sakonnet Point Club; one labeled ‘Acme Sanitary Service’ was done in May 2019; and one near Sakonnet Marine was in October, 2019.

In addition, Mr. Healey said, DEM reviewed the sampling data provided by the citizens, “and we determined that there was nothing provided that was conclusive.

“Despite complaints made to DEM and the Rhode Island Department of Health (RIDOH) about alleged illicit discharges of sewage from the Sakonnet Point Club to Sakonnet Harbor, the data provided to DEM did not show a violation of water quality criteria. To date, DEM and RIDOH have found no evidence of sewage discharges into this waterbody. The discharge from the club is from a reverse osmosis treatment system used to remove salt from the club’s drinking water wells, and there has been no evidence of sewage in this discharge,” Mr. Healey said.

He added that in 2007 after receiving a complaint regarding the club, DEM performed an inspection and determined that the club’s outfall discharge pipe was not installed as required. DEM issued a Notice of Violation and fines totaling around $40,000 — that were eventually settled for $20,000.

“As you may know,” he said, “enterococci are bacteria that live in the intestinal tracts of warm-blooded animals (mammals and birds), including humans. Although enterococci indicate the potential presence of sewage, the source can be any other mammal or birds.”

They haven’t found anything because “they aren’t looking,” Ms. Bennett replied. “Over seven years they sampled four times.” The hired laboratory  “sampled weekly from March through August of 2019 … The fact that DEM will reject the science is reminiscent of the Trump Administration.”

She added that tracking water quality “should not be the job of citizens of Little Compton. That’s the job of the DEM …For some reason they are turning a blind eye to this.”

Ms. Bennett said their hope in taking the action is that EPA steps in. If that doesn’t happen, a “citizens’ suit” is also possible.

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