Newburyport and Plum Island, Massachusetts, are facing a disruptive Fourth of July holiday as a significant sewage spill has led to indefinite beach closures, compounded by a local ordinance that residents misinterpreted as a ban on flying American flags. The town is navigating environmental concerns and a surge of public anger ahead of the holiday.
A wastewater contractor working on sewer separation in Haverhill, an upstream community, mistakenly discharged an estimated 60,000 gallons of wastewater into the Merrimack River on Thursday. This initial spill led to the closure of Plum Island Beach, where the river meets the Atlantic Ocean.
Following the initial incident, two breaks were discovered in a 42-inch sewer line in Haverhill. Robert Ward, Haverhill's Department of Public Works director, stated that these breaks could result in the daily dumping of eight to ten million gallons of raw sewage into the river. While the city is working to implement bypass lines with an aim to complete repairs by Friday, the day before July 4, lingering contamination is expected to keep Plum Island Beach closed throughout the holiday weekend. Health officials have cautioned that contact with the sewage-tainted water can cause nausea, vomiting, respiratory symptoms, eye irritation, and earaches.
Adding to the holiday's disruptions, Plum Island residents had previously received a letter from the Town of Newbury advising against the use of "mylar streamers, flags, [and] reflective materials" that could deter endangered shorebirds from nesting or feeding on the beach. This directive, intended to comply with state and federal wildlife protection laws like the federal Endangered Species Act, was interpreted by some residents as a prohibition on flying the American flag for the Fourth of July.
Outraged residents took to social media, expressing frustration over the combined issues. "Meanwhile sewage is flowing down from up river of the Merrimac valley and Plum Island beach (and Salisbury beach) are closed due to toxic bacteria levels. But flags might endanger the plovers," one resident wrote on X. Another commented on Facebook, "Hang your American flags! Do not let them take away your rights!"
In response to the public outcry, the Town of Newbury issued a statement clarifying that the letter had been misinterpreted. Newbury town administrator Tracy Blais explained that the letter merely recited provisions of the law and that the town was not attempting to prevent anyone from flying the American flag. She emphasized that the town was reminding property owners of their responsibilities in a "very special place" and was not asserting any authority it did not possess.
Despite the clarification, concerns have led the Pacific Legal Foundation (PLF) to send a letter to the town demanding clarification on whether residents face legal liability for celebrating Independence Day on their property. The PLF stated, "Flying the red, white, and blue on the Fourth of July is as American as apple pie. For Massachusetts local officials to claim otherwise violates both the First and Fifth Amendments to the United States Constitution."
The situation is further complicated by an expected humid heatwave, potentially driving residents to seek relief at the beach, only to be met with closures and warnings about the sewage-contaminated water.