State Rep. Thomas Calter, D-Kingston, said that the Department of Environmental Protection is now negotiating a consent order with Brockton, related to the city's responsibility for resource management at Monponsett Pond, used to supplement the city's water source at Silver Lake. He said negotiations have been going on for six months, only after he tried to enforce a 1964 state law to get Brockton to take care of a pervasive algae problem at the pond.

BROCKTON – Halifax officials say that Brockton Mayor Bill Carpenter has been dodging them for a half year over a problem with algae overcoming a town pond, which is used to divert water into Silver Lake before it’s treated for use by the city.

But a state representative from Kingston said the issue goes back much farther, claiming the city has not lived up to its legal obligation to maintain Monponsett Pond for around 50 years, and that only now is the state taking action.

Halifax Selectwoman Kim Roy said that she and others have been working to no avail for a half a year to arrange a meeting with Carpenter, as the town tries to get Brockton to help combat the mounting algae growth at Monponsett Pond. Roy said Halifax has spent thousands of dollars each year to treat the algae, which reaches such high levels that the town was forced to close one of its two recreational sites at the pond last summer. A ban will likely be repeated this year, she said.

At the same time, State Rep. Thomas Calter, D-Kingston, said that the Department of Environmental Protection is now negotiating a consent order with Brockton, related to the city's responsibility for resource management at Monponsett Pond, which is used to supplement the city's water source at Silver Lake. He said negotiations have been going on for six months, only after he tried to enforce a 1964 state law to get Brockton to take care of a pervasive algae problem at the pond, by appointing members to the long dormant Central Plymouth County Water Commissioners Authority. Calter said Brockton ignored the lawful orders of the commissioners since the authority was reformed two years ago.

“In my opinion, that regulatory consent order is not necessary,” said Calter, explaining that he’s been examining the issue for 10 years since getting into office. “The law is crystal clear. ... Brockton has ignored the law.”

Calter said the consequences of Brockton’s inaction to alleviate the algae problem, in addition to his belief that Brockton is taking far too much water from Monponsett Pond into the neighboring water source of Silver Lake. Calter also challenged Brockton to test the water at the tap for cyanobacteria.

“Over 80 percent of the water Brockton now uses goes from Monponsett Pond into Silver Lake for use by Brockton,” Calter said. “It’s important for the residents of Brockton to understand the negative impact that 50 years of mismanagement has had on Silver Lake and Monponsett Pond. That damage ... will result in a diminished quantity and diminished quality of water available to the city.”

Calter said if Brockton does not comply with the directives of the consent order, or the Central Plymouth Water Commissioners Authority, he will file a bill next January to force the city to find alternate sources of water, including hooking up to the Massachusetts Water Resource Authority. Calter said the DEP should issue the consent order later this year.

Calter said that the stagnant water created by the manipulation of the gates that allow Monponsett Pond to flow into Silver Lake has fostered a severe algae problem in recent years. It’s so bad that “you can throw a rock on the water and it will not sink,” he said. Calter explained that the state administration only took action after a visit by Lt. Governor Karyn Polito last year, who was “shocked” by the algae situation, the lawmaker said.

Roy, the Halifax selectwoman, said state Sen. Michael Brady has been trying to help facilitate a meeting with herself, other town officials and the Brockton mayor, but she claimed Carpenter called off a meeting at the last minute.

“We finally had a date ... and it was cancelled right before it,” Roy said. “We reserved a room at Brockton City Hall. No one came, but one water commissioner. We just want a meeting with him. We’ve been trying for over six months.”

Carpenter declined to comment on the algae situation through his chief of staff, Bob Buckley.

Roy and others from Halifax, including Town Administrator Charlie Seelig, attended a Brockton Water Commission meeting last week.

Brockton Water Commission Chairman Ossie Jordan said the algae is a longstanding problem and that the city’s water enterprise can’t afford to solve it suddenly, Jordan also said there are other contamination problems from historic mills at Monponsett Pond.

“You’re not going to get it solved overnight, dumping tons of chemicals as an instant fix,” Jordan said. “It’s extremely costly to try to do a total fix.”

Jordan added that Brockton is dealing with a system of aging underground water pipes, which continue to burst and must be fixed frequently. Jordan said even if he and his fellow commissioners added money to the budget to combat the algae at Monponsett, it would still need to be approved by Carpenter first.

Roy said Brockton could likely help solve some of the problem without any cost at all, by opening the dam to create a natural flow. But Brockton should also help pay for the chemical treatment used to fight the algae, she said, and participate in grant applications for algae elimination.

“I don't even know if he (Carpenter) understands what's happening to our pond,” Roy said. “I don't know if he understands what Brockton can do that won't cost any money. ... I want to work collectively with him to get this done.”

Brockton Water Commissioner Kate Archard said the Halifax group wasn’t really “willing to give us a firm number,” but that she believes the cost for Brockton to treat the algae each year would range from $50,000 to $75,000.

Archard said she agreed that Brockton “absolutely” has an obligation to contribute to the maintenance of Monponsett Pond and could find funds in its more than $400 million city budget to do so. However, Archard said it is “up for interpretation” what the 1964 law says about Brockton’s responsibility to maintain the pond.

“I do believe we have a fiduciary and ethical responsibility to fix things on the pond,” Archard said. “As a water commissioner, I would like to see a gesture of goodwill.”