Apparent snafu keeping gate open between pair of ponds.

Byline: J.P. Ellery

BROOKFIELD - A lake association official in Brookfield says failure to close a gate between North and South ponds is affecting the quality of South Pond.

"We are just full of algae-laden, weed-laden, phosphorous-laden water," Judith A. Nielsen, president of the Quaboag and Quacumquasit Lake Association, said of South Pond.

Lake Quaboag is called North Pond and Lake Quacumquasit is referred to as South Pond.

"The (recent) rain has made near-flood conditions on South Pond and North Pond," Ms. Nielsen said.

She said the state Department of Environmental Protection has opened a weir, a gate that when closed prevents overflow from North Pond into South Pond at the East Brookfield-Brookfield line.

"Our biggest concern is the DEP made the choice ... to leave the weir open and our argument is that was crazy for them to do," Ms. Nielsen said.

DEP officials say, however, there was no choice in the matter because the Order of Conditions or permit that allowed the gate to be closed expired Nov. 14, 2007.

"Without that valid order," DEP spokesman Joseph M. Ferson said yesterday, "the towns would have been in violation if they closed or activated the gate."

He said the towns are now trying to obtain a valid order.

The action by the DEP to open the weir is the result of someone's failure to renew the prior DEP Order of Conditions regarding the weir, according to Ms. Nielsen.

Aside from the environmental damage to South Pond, she said, the contamination is counterproductive to ongoing efforts by the lake association to rid South Pond of algae, weeds and phosphorous.

"Just this year," Ms. Nielsen said, "we spent about $9,000 to remove weeds, and that money comes from donations from the towns and from money we raise ourselves as homeowners, just to keep the water clean."

The waterways are bordered by Brookfield, East Brookfield and Sturbridge.

For 18 years, Ms. Nielsen said, town officials have been using the DEP Order of Conditions to close the gate that lies between the two bodies of water whenever a backflow of water from North Pond into South Pond was expected.

But the DEP's Order of Conditions has to be renewed periodically and it was not.

"For some reason," she said, "for the first time in 18 years, someone, somehow failed to process that extension."

"We were sure we had it, but then everyone starts to look for it ... but it's not in our files."

Because of North Pond's location, downstream from Spencer, Ms. Nielson said, it gets lots of storm water, especially when there is repetitive rain.

She confirmed the new Order of Conditions was being sought from the DEP, "but it's going to be a month or two before we get a public hearing and get everything done," Ms. Nielsen said, "and in the meanwhile the weeds keep coming."

Mr. Ferson said it may take two months to get another Order of Conditions.

"It depends on whether there are any objections to it," he said.

ART: PHOTO

CUTLINE: Mark Caya, who lives near North Pond, stands on the bridge where a gate controls the flow between North and South ponds.

PHOTOG: T&G Staff/MARK C. IDE