Only one article is on the warrant for the May 14 Special Town Meeting—a request for voters to approve an additional $2.3 million to connect the town’s water system to the Devens water supply.
Last year, Town Meeting and Town Election both approved $4.85 million in excluded debt for the project. But last month, the lowest bids for the project’s two components, the water main and the pump station, exceeded that amount by $2.3 million.
A few weeks ago, the state Department of Revenue agreed to increase the amount the town may borrow for the project to the $7.1 million now needed. But voters must approve the increased debt by a two-thirds majority at a Town Meeting. Time is of the essence; bids on the project were due to expire earlier this month, but both low bidders agreed to hold their bids through May 15 to wait for the town vote. A quorum of 50 voters is required at Special Town Meeting.
The annual increase to property taxes for the average single-family home for the total project would now be about $157, according to Finance Director Jared Mullane. The average increase for the original amount was $150, but Mullane said the term of the bond was increased from 20 years to 30 years based on “engineers certification of the useful life of the project.”
Why did the cost go up?
The original estimate for the project had to be done in 2022 for the town to apply for a low-interest loan from the state. At that time, Tighe & Bond, the firm designing the project, planned to use a pre-engineered building for the pump station. But the firm later determined a conventional building was needed, increasing the price.
A substantial increase in the price of ductile iron pipe added about $800,000 to the cost of the water main, and the railroad company, CSX, imposed a more expensive method of drilling under the railroad track at the end of Depot Road that added another $500,000. Higher prices for construction translated to higher soft costs, such as contingencies, which are calculated as a percentage of construction costs.
PFAS, the primary reason for connecting to Devens
The primary driver for connecting to Devens water is the presence of PFAS in the town wells. Water to residences and businesses in town center, as well as to the schools, library, municipal offices, and two of the churches, is currently supplied by two wells located just off Pond Road (see water district map, below). Both wells have tested positive for PFAS since testing began in 2020, but results have always fallen below the state’s maximum permitted contaminant level of 20 parts per trillion for the sum of six specific substances.
But last month the Environmental Protection Agency finalized a more stringent maximum contaminant level for each of five specific substances. Concentrations of PFOA and PFOS, two of the more prevalent substances found in water in this area, can be no higher than 4 ppt each. Three other substances, PFHxS, PFNA, and HFPO-DA, cannot be over 10 ppt.
Both Pond Road wells have individually tested over the limit for either PFOA or PFOS numerous times over the past three years. Water from the two wells is currently blended, and the most recent test result of the blended water was 3.97 ppt for PFOA and 3.43 for PFOS, just under the new EPA limits for those two substances. The presence of the other three substances was either minimal or not detected.
Benefits of the project
The Devens water supply comes from three wells, all of which are being treated for PFAS. The most recent test results on water from those wells showed the levels of each substance the EPA is now regulating as “non-detect.” Should the EPA or the state add additional regulations for drinking water in the future, Devens would be responsible for complying with those regulations.
The new water main would run the entire length of Depot Road (see water main map, below), and residences along that road would be able to connect to the town water system. The Department of Public Works would also be able to connect, as would the Ryan Land fields. Both of those locations currently share a private well. The town would also have access to a much larger quantity of water for fighting fires in its water district than it now has.
Public water supplies have five years to comply with the EPA’s new regulations. The state Department of Environmental Protection announced that it will be modifying its regulations, as required by the EPA, to be at least as stringent as the federal regulations.
Alternative 1: Do nothing
The town could take a chance on PFOA and PFOS test results staying under the limit of 4 ppt, as they did last October. One risk of doing that is that many communities will be scrambling to install PFAS treatment facilities in time to meet the new federal, and soon to be state, limits. The demand for contractors who can build those facilities will likely go up, as will prices. It’s unclear how many times town water test results would have to exceed limits before treatment was required, but it would be a gamble.
In addition to its new enforceable limits, the EPA has set a “non-enforceable health-based” goal of zero for PFOA and PFOS, stating that “This reflects the latest science showing that there is no level of exposure to these two PFAS without risk of health impacts.” It cited a risk of cancer and other illnesses for those exposed to PFAS over a long period of time, and adverse health impacts for exposure during pregnancy or early childhood.
The EPA’s new limits are based on what is feasible to implement with current PFAS remediation technology. If that technology improves, maximum contaminant levels from either the state or EPA could be lowered, forcing the town to take action.
Alternative 2: Build our own facility
In spring 2022, the Water Commission was grappling with whether the town should build its own PFAS facility or connect to Devens water. The decision needed to be made so Tighe & Bond could submit a specific project to the state’s low-interest loan program. The construction estimate for a PFAS facility next to the town wells was $3.3 million at that time.
Engineers said that with the limited space on the well site, it would have to be “shoehorned” in. Operating costs for a town PFAS facility were estimated to be about $1 million more over a 20-year period, mainly because the plant would require two new employees. The Water Commission recommended connecting to Devens rather than building a town facility, and the Select Board agreed.
Building a facility would not mean that the town’s water worries are over. Regulations change and the town would have to do whatever is necessary to comply. The EPA’s latest enforceable limits for PFAS include two substances that the state does not regulate. Ten years ago, PFAS in drinking water was not on anyone’s radar.
Other risks
Harvard’s two wells are adjacent to each other on Pond Road. There is always the risk of contamination, which could shut down one or both. In 2021, one of the wells was shut down for about a year while the town installed a chlorination system to treat coliform contamination. A 2015 effort by the Water System Study Committee to find another suitable location for a public drinking water well that could serve the water district yielded no feasible options.
Devens water agreement
The town has signed an intermunicipal agreement with MassDevelopment. It specifies that Harvard can use up to 100,000 gallons a day, far more than the current maximum 23,000 gallons a day that the two Pond Road wells can supply. In the event of a fire, the town will be reimbursed for up to 300,000 gallons unless the damaged property is covered by insurance. Devens will initially charge the town $3.07 per thousand gallons used, and rates will increase annually based on inflation. The Water Commission plans to set the new rate for water customers as well as any betterment fee for new customers who connect to the system at a later date.
The agreement has a term of 25 years, and it has a renegotiation provision that will allow the contract to continue until both parties agree on new terms. Harvard’s right to connect to the Devens water system is guaranteed by state law and not tied to the terms of this agreement.
