�Brewster and Orleans have sent letters requesting an adjudicated hearing before the Massachusetts Pesticide Board to overturn the approval of Eversource�s Yearly Operational Plan, which was approved by the Massachusetts Department of Agricultural Resources on July 15.

Dennis and Eastham may also have sent letters by the time you read this and all four towns have pledged up to $15,000 apiece to bring in an expert witness from Washington State University and pay for an attorney.

The town�s objections involve the use of herbicides such as Krenite, Garlon-4, Imazapyr and Glyphosate (the main ingredient in Round-Up) to control weed and tree regrowth under the power lines on Cape Cod. Eversource�s Yearly Operational Plan�reported they might apply herbicides in eight towns (Barnstable, Bourne, Brewster, Dennis, Falmouth, Orleans, Sandwich and Yarmouth) this fall.

�It�s happening pretty quick,� said Laura Kelley, director of Protect Our Cape Cod Aquifer, a group opposed to herbicide use, which helped "facilitate" the hearing. Bruce Taub has been their pro-bono attorney.��Hopefully we can be an �aggrieved party� to challenge them at the hearing.��

Whether the towns are officially aggrieved or not is a potential issue.

GreenCape, an environmental organization based on the Upper Cape, also went this route in 2013 when Eversource (then known as NStar) first proposed herbicide use. GreenCape collected 26 abutters to the power line right-of-ways to appeal the Yearly Operational Plan.

�It was really quite a dysfunctional hearing with the Pesticide Board,� recalled Sue Phelan, director of GreenCape. �We had already worked to get town resolutions against [herbicide use] and they paid no attention to that. It was thrown out immediately, they just dismissed it right off the bat and did not consider any of it. MDAR is both judge and jury.�

The Pesticide Board actually has 13 members, from the industry and farms, state departments of Agriculture (MDAR), Environmental Protection, Fish and Game, Conservation, Public Health and Food and Drugs.

Kelley is hoping that the fact the towns themselves, rather than individual citizens, are appealing and bringing in an expert, will give their case more weight.

Dr. John Stark, a professor of Ecotoxicology at Washington State University, is the expert. He develops hazard risk assessments fro aquatic organisms, has studied the effect of pesticides on butterfly populations and the toxicology of pesticides in agriculture and aquatic systems.

�He is going to focus on the environment and the effects [of herbicide use] on flora and fauna,� Kelley explained. �So it is a different approach. We did a national search and got 45 applicants and he was our first choice. He ended up being so passionate.�

She isn�t necessarily expecting a win at this hearing.

�They are not violating the regulations,� Kelley conceded. �We just don�t want it above our aquifer. We need to get in front of a judge.�

The idea is they would appeal the appeal decision if necessary.

Eversource has given towns the 30-day notice prior to herbicide application but assured Brewster nothing would happen until "this all shakes out" according to Brewster Town Administrator Michael Embury.

�We want the opportunity to discuss with them (Eversource and MDAR) why and how it will do harm,� Kelley said of the Yearly Operational Plan. �We want a solution where both sides are happy knowing that we are protecting our electricity source in a way that is not harming our drinking water.�

GreenCape is focusing on aiding individual landowners.

�Our attorney advises us not to pursue any further legal action at this point,� Phelan said. �We are continuing to work with private property owners.(Eversource) does not have all the easements sewn up and some property owners can make a deal. But this is something that has to change legislatively. No one should be able to spray pesticides on private property without consent.�

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