Sandy in New England: We Can and Must Change The Pattern of Loss

Nov 1, 2012 by  | Bio |  Leave a Comment

At times like these, when tragedy falls indiscriminately among us, it’s wonderful to realize that the sense of community and generosity are rongly in evidence in New England. Credit: Block Island Times.

Each of us personally experienced in some way Superstorm Sandy slamming into our communities all along the East Coast. For many of us, the destruction has been widespread and severe and will be long-lasting. In New England, our neighbors in Rhode Island and Connecticut have been dealt a particularly devastating blow.

It has been encouraging to see communities coming together to help those in need, neighbors helping neighbors. Resources are being devoted efficiently to alleviate human suffering and to mitigate economic and ecological harm. At times like these, when tragedy falls indiscriminately among us, it’s wonderful to realize that the sense of community and generosity, and can-do attitude, that are noble and exhilarating elements of  American society are still robust, and strongly in evidence in New England.

We are also a prudent nation, and New Englanders – conditioned by harsh winters and stony soils – have long been among the most pragmatic of Americans. We watch the weather carefully (remember the Farmer’s Almanac?) and we adapt as necessary. As Robert Frost noted, we mend stone walls, both for the sake of better functioning walls and for stronger communities. We try hard to see things clearly. And we respond with a town meeting-inspired desire to promote the general public good, with as much wisdom as we can muster.

With that perspective in mind, let’s be clear: Our climate has changed, and will change further, in ways that only encourage extreme storm activity. (Insurance companies believe this because they look at the evidence objectively – we should be just as prudent.) Furthermore, we have built more and more infrastructure in increasingly perilous places, and we have less and less money to repair and replace it. It is imperative that we start re-planning our coastal and other vulnerable zones and re-building infrastructure in them for greater resiliency, expecting more extreme weather in the future. Doing otherwise would be reckless.

Over the last four decades, the number of tropical storms that are big enough to be named has tripled. Hurricane Sandy is the 19th such storm this year alone. With a month to go before the end of the so-called hurricane season, a season which itself now starts earlier and ends later than it did four decades ago, it’s possible we will run out of letters of the alphabet before we run out the season.

Higher sea levels, warmer ocean temperatures, and ice melt off Greenland – all were factors that made this storm a “Frankenstorm.” The literary reference is not accidental, either: in significant part we made this storm ourselves, by failing to dramatically reduce climate emissions. (For more on this, see this roundup of CLF stories on climate change and Sandy, on the implications for our economy and insurance, as well as here, here and here for information on hurricanes and climate science.)

While it is true that climate change and increased levels of CO2 in the atmosphere are not the sole cause of this specific hurricane, they are certainly the root cause. To borrow a line from Dave Roberts at Grist, the direct cause of the pain in my knees after I run on any specific afternoon may not be the fact that I am over 50, but my advancing age certainly has the most to do with that pain. That you cannot rationally deny.

So as we help our neighbors to clean out a flooded basement or garage, as we help to clear away debris or rebuild a wall, we must also think about what we can do to change the conditions that have made these 100-year storms an almost annual event. To simplify the problem, ask yourself:

  • What is it that you can do individually to reduce our collective contribution to the root cause?
  • Can you reduce the amount of energy you use at home?
  • Can you take public transit or car pool to avoid driving alone to work?
  • Can you contact your state representative or senator, your Governor, your Congresswoman or Senator and urge them to take some action to reduce our dependence on expensive and unfriendly fuel sources or develop an actual energy plan for our country?

In addition to all of this, we must to adapt to the changes that clearly are already underway. This is an economic imperative:  there isn’t enough money in our entire economy to keep rebuilding roads, bridges, tunnels, sewage treatment plants, airports, energy systems, buildings and homes where and as they currently exist.

We must improve the resiliency of our coastal zones, for starters. We’ve all seen the images: homes in Rhode Island reclaimed by the sea, seawalls in Massachusetts moved by the waves, and once dry neighborhoods turned into wetlands overnight. That’s only the destruction we can see: imagine what the seabed looks like following all of the sewage overflows, all of the debris from homes and industrial yards, and all of the traps and equipment lost by fishermen, lobstermen and boaters.

Too little attention has been paid to the state of our coastal zones, and how likely they are to ride out major storms – and storm surges – in a way that is economically, socially and environmentally sustainable.  We’re throwing money at maintaining public infrastructure out of habit, and in some cases we might just as well dump cash into the ocean. And risks to private property – if it’s insured we’re all sharing the costs one way or another. How long can we sustain that?  In the tradition of a New England town meeting – where a community really decides how to spend its resources, for the benefit (and cost) of current and future generations – we need to start a serious conversation about what we’re going to invest in and why.

And let’s recall that a year ago – in the wake of Irene – it was flooding in Vermont, and western Massachusetts and Connecticut that presented these questions. All of the parts of New England that are sensitive to our changing climate need our attention: we need to make decisions now that will reduce costs and enhance the quality of our lives and our environment, for generations to come.

Now is the time. Now, more than ever before, our region needs to plan and act to reduce the impacts of these storms, as well as their frequency. CLF has been working on these issues for decades. Now, we will redouble our efforts. I hope you’ll join us in doing just that.

Participate in the Future of Great Bay Estuary: Voice Your Support for Needed Protections at EPA’s February 9 Public Hearing in Dover, NH.

Feb 6, 2012 by  | Bio |  Leave a Comment

On Thursday, February 9, the EPA is holding a public hearing on a new Clean Water Act discharge permit for the City of Dover’s sewage treatment plant. The hearing involves a decision that will be critical to the health of the Great Bay estuary. We urge all who care about the future health of the estuary to attend. The hearing takes place at 7:00 pm in the McConnell Center located at 61 Locust Street (Room 306).

The proposed permit contains important new wastewater discharge limits needed to control the single greatest threat to the Great Bay estuary: water pollution caused by excess nitrogen. You can learn more about problems associated with nitrogen pollution and eelgrass loss, and the need to reduce pollution from sewage treatment plants, at our Great Bay-Piscataqua Waterkeeper website.

CLF strongly supports the draft permit’s important provisions addressing nitrogen pollution, and we commend EPA for taking this essential step toward restoring the estuary’s health. As the Great Bay-Piscataqua Waterkeeper, I encourage you to attend the Dover public hearing and voice your support for these needed protections.

The Great Bay estuary is a natural treasure that is intractably linked to the local economy and culture of the Seacoast region. Please join me in the effort to save this critical resource. If you are unable to attend the public hearing, please contact me so I can share with you other opportunities to protect the estuary.

Thank you for standing up for the future health and protection of the Great Bay estuary!

For additional information about the Waterkeeper, visit us on our website or Facebook, or follow us on Twitter.

Love That Dirty Water: Massachusetts Lacks Money, Needs Clean Water

Dec 8, 2011 by  | Bio |  Leave a Comment

Image courtesy of eutrophication&hypoxia @ flickr. Creative Commons

Massachusetts lacks money and needs clean water. This bind – one in which the state found itself following a June report – has forced a discussion policies that are raising the hackles of Massachusetts residents.

According to a report by the Massachusetts Water Infrastructure Finance Commission released in June, Massachusetts has a statewide “funding gap” of $21 billion to pay for its drinking water and wastewater systems over the next twenty years.  The report found that cities and towns across the state are dealing with aging water and sewer systems – some from the 1800s. The cost of mere maintenance is substantial – let alone expansions of infrastructure to keep up with residential and commercial growth.

The Commission considered a variety of strategies to raise revenue, including new taxes on fertilizers or pesticides, a new bottle bill, and a statewide water surcharge. A surcharge would likely be 1 mil per gallon, or about $23 per year for the average individual. Naturally, the surcharge proposal has run into the loudest opposition.

In response, petitions are circulating for a 2012 ballot initiative which would cap water and sewer rate increases at 2.5% per year. Before rejecting rate increases, Massachusetts citizens should consider the true costs and benefits of water management systems.

Most municipal water systems combine stormwater and sewage, meaning that storms are causing sewer overflows because older systems aren’t equipped to handle large volumes. Nutrient pollution from inadequate sewage treatment creates toxic algae blooms, shuts down beaches, and disrupts ecosystems and tourism. The solutions to these problems may not be cheap, but they’re desperately needed. Until we manage wastewater and stormwater effectively, we aren’t paying the true costs of the infrastructure that delivers clean water to our homes and businesses.

Recognizing this need for massive investment in our nation’s infrastructure, the Obama administration proposed a “national infrastructure bank” over the past few months. The proposal would help local governments finance infrastructure projects like roads, bridges, and sewer systems. The bill passed the U.S. Senate with bipartisan support, but does not appear to have the same level of support in the House of Representatives. So states like Massachusetts may need to act on their own to ensure that municipalities have the resources they need to protect the public from sewer overflows and antiquated wastewater treatment systems.

Unless we want to face an uncertain future, our cities need the capability to repair, maintain, and enlarge their water and sewer systems when necessary. They also need capital to invest in green infrastructure projects like permeable pavement, rain gardens, and green roofs, which absorb and filter rainwater and decrease the amount of water pouring into sewer systems.  Green infrastructure projects ultimately save cities money in the long run by reducing sewer inputs and thereby reducing the need for old-fashioned (“grey”) infrastructure like underground tanks and tunnels. Meanwhile, communities enjoy the benefits of new green space, carbon-mitigating wetlands, and Cities like Philadelphia and New York are already investing extensively in green stormwater management techniques, and anticipating millions in savings.  (The Philadelphia Water Department has estimated that its new stormwater policies have diverted a quarter billion gallons of water from the sewer system, saving the city $170 million.)

Let’s stay tuned for the Commission’s final recommendations for Massachusetts, and consider all the options for financing our infrastructure needs in an equitable and manageable way.

Three decades in the making, CLF celebrates a new, clean Boston Harbor

Jun 23, 2011 by  | Bio |  Leave a Comment

The new storage tunnel will result in significantly cleaner water for beachgoers at Carson Beach in South Boston. Photo credit: bostonharborwalk.com

It’s been a busy day for South Boston on several fronts – but the dawning of a new era for a transformed Boston Harbor and the environmentalists, legislators and other officials who have been fighting for a clean harbor for nearly three decades. Today marks the opening of a massive sewage holding tank – called a CSO (combined sewer overflow) storage tunnel -  under South Boston that will store gallons of stormwater that would normally overwhelm the city’s sewer system and cause untreated sewage to be released into Boston Harbor. The change will make the beach “one of the cleanest in America” and bring the rate of beach closures down from eight per summer to one roughly every five years, according to this front page article in today’s Boston Globe.

It’s the gratifying ending to a story in which CLF has played a lead role since the beginning. Twenty-eight years ago, CLF filed one of the key lawsuits ordering that the harbor be cleaned up. Today, CLF’s Peter Shelley is one of the only original lawyers involved in the massive and long-running court case who has seen it through to fruition.  Key participants in this morning’s ribbon cutting ceremony for the new storage tunnel came on to the scene decades after the filing, in 1983, of the still-pending case that still bears the label Conservation Law Foundation vs. Metropolitan District Commission (the now-disbanded state agency that used to oversee the water and sewerage systems of Greater Boston).

The ceremony today reflected back on the long struggle to clean the harbor but, appropriately, also looked to the future.  Frederick Laskey, Executive Director of the Massachusetts Water Resources Authority (MWRA), the state authority created to execute on the massive harbor cleanup, spoke eloquently about the collaboration between governments, business the advocacy community and the neighborhoods that was needed to execute on a vision of a cleaner harbor and beaches. Laskey especially noted the courage of the representatives of the many municipalities in the Greater Boston region in accepting the regional nature of the project and the need to spread the cost of creating swimmable beaches and a clean harbor across the whole metropolitan area.

State Senator Jack Hart, Secretary of Energy and Environmental Affairs Richard Sullivan (who also serves as Chairman of the MWRA Board) and  Department of Conservation and Recreation Commissioner Edward Lambert echoed Laskey’s remarks, emphasizing the importance of community collaboration and the value of clean beaches.

U.S. District Court Judge Richard Stearns, who today presides over CLF v. MDC and the continuing harbor cleanup, discussed the hard work needed to get to this day and offered a tribute to the vision of Judge David Mazzone, who had previously handled the case. In 2004, during his final illness in 2004, Mazzone handed the case over to Judge Stearns, conveying his belief that a CSO tunnel was needed and “could be completed by May 2011” for the cost of less than $250 million (in this morning’s speech, Stearns noted that the project came in right on that schedule and in fact under the initial cost estimate).

EPA Regional Administrator Curt Spalding spoke about the difficulty of executing on a project of this magnitude and the importance of core environmental laws like the Clean Water Act, which he proudly noted was championed by another Rhode Islander, Senator John Chafee, that provided clear direction regarding our national policy and the need to create clean and swimmable waters.

Thanks to the tenacity of CLF and others, today’s parents don’t have to worry that a day at the beach could make their children sick, and a new generation of kids won’t have beach closings put a damper on their summer days. But our work is nowhere near complete.  Yes, we need to continue to ensure that the right infrastructure, like this CSO structure in South Boston, is in place to treat our stormwater appropriately. But even more importantly we need to build and manage our buildings, our land and our roads in a way that recaptures as much rain water as possible.  We need to treat rain and snow as the precious resources that they are, moving away from a view that these gifts from above are a waste product that needs to be treated and shunted off into the sea. With those notions in mind, Massachusetts will continue to set an example for the region and the nation of the right way to restore a precious community resource and iconic piece of New England’s history.

City of Portland gets one of its dirtiest little secrets out of the sewer and into the spotlight

Jun 21, 2011 by  | Bio |  Leave a Comment

East End Beach. Photo credit: bvohra, flickr

Last night, the Portland City Council took a big step forward in addressing one of the city’s dirtiest little secrets – the discharge of literally hundreds of millions of gallons of untreated sewage and stormwater into Casco Bay every year.

This discharge is a result of stormwater overwhelming the city’s sewer system. In order to relieve that pressure, the city had a system of combined sewer overflows, or CSOs, that would bypass the normal treatment facility in the East End and discharge sewage and stormwater directly into Casco Bay. That toxic brew has closed shellfish harvesting areas in Casco Bay and kept the East End beach closed on many a day.

Since 1993, the city has been obligated by an administrative consent agreement with the Department of Environmental Protection to remove the CSOs, but for many years has dragged its feet. However, in recent years, with a mix of state and federal funding, the city has made significant progress, and has changed the focus from removing the CSOs to providing greater storage for the first flush of the stormwater/sewage brew so that it can be treated after the storm event and capacity opens back up at the East End treatment facility.

To achieve that goal will be expensive – current estimates are that the remaining work on CSOs will exceed $125 million and other related work could bring the price tag up to $170 million. City staff had recommended that work be spread out over 25 years; however, after testimony by CLF and others, including the Casco Baykeeper and Friends of Casco Bay, City Council rejected that notion and adopted the 15-year schedule that CLF had recommended. And that is a good result for the health of Casco Bay.

United States Joins CLF Lawsuit Against Boston Water and Sewer Commission

Dec 22, 2010 by  | Bio |  Leave a Comment

Today, the U.S. EPA announced that it will join CLF’s lawsuit against the Boston Water and Sewer Commission (BWSC) for violations of the Clean Water Act. The suit, filled by CLF in U.S. District Court in February 2010, states that BWSC has failed to control polluted discharges from its storm water system, allowing it to carry raw sewage and excessive levels of bacterial, copper and zinc into Boston’s waterways, threatening the health and well-being of the surrounding communities.

BOSTON, MA  December 22, 2010 – The Conservation Law Foundation (CLF) has issued the following statement in response to the motion filed today by the U.S. Environmental Protection Agency (EPA) stating that it will join CLF’s lawsuit against the Boston Water and Sewer Commission (BWSC) for violations of the Clean Water Act:

“The complaint against the Boston Water and Sewer Commission documents serious failures in the system that are allowing ongoing unlawful pollution of Boston’s waterways, including the Charles, Mystic and Neponset Rivers, in some the city’s most economically-challenged communities,” said Christopher Kilian, director of CLF’s Clean Water and Healthy Forests program. “The federal government’s entry into this case is a clear indication of the urgency of the matter and the priority EPA places on it. BWSC’s inability to maintain a system that ensures clean water is a violation of the law and an affront to the people of Boston. The United States agrees with CLF that BWSC must make a major commitment now to improve water quality, as other cities have done, and restore these resources to health for everyone’s benefit.” More>>

Going Green To Keep Our Waters Blue

Mar 20, 2010 by  | Bio |  2 Comment »

The Massachusetts’ Water Resource Authority’s decision to release 15 million gallons of untreated sewage into Boston Harbor’s Quincy Bay during last weekend’s storm felt to many like a giant step backward in the decades-long fight to clean up Boston Harbor. The good news is that there are actions that can be taken today that could have kept MWRA officials from having to make that decision in the future—implementing green stormwater infrastructure to reduce the burden on our sewer pipes, reduce flooding and make communities more resilient to climate change.

Many of our state’s aging sewer systems become overwhelmed with a mix of rainwater and sewage during large storms. That’s why MWRA officials were stuck between a rock and a hard place, forced to choose between quietly releasing 15 million gallons of untreated sewage into Quincy Bay or letting the water flood the station and release that sewage into basements, but sparing the Harbor. The problem runs deeper than this one incident—during last week’s storm, there were equally damaging releases of raw sewage into neighborhoods and into the Mystic and Charles Rivers as well. (See video footage here).

Massachusetts can stop these incidents by investing in green stormwater management techniques to enable communities to better prevent sewer overflows and save money over the long term. Some of these techniques include the use of permeable pavement, green roofs, rain barrels, even gravel—anything that will absorb stormwater and diminish runoff from hard surfaces. These actions can be taken by homeowners in and around their homes, at the city scale by greening streets, parking lots, and alleys, and at the state level, by greening state highways and universities.  Massachusetts residents can urge their towns to adopt bylaws requiring green stormwater and green building techniques to be used in all new construction or infrastructure projects. Cities like Philadelphia, Chicago, and New York are already rolling out these techniques and finding that they are both cost-effective and environmentally sustainable.

Fortunately, we have a chance RIGHT NOW to tell the state of Massachusetts how important it is to us to keep stormwater in check. The U.S. EPA is currently working on a stormwater permit that will govern the stormwater management of communities across Massachusetts for the next five years.

Help Massachusetts prepare for the next storm before it happens. Tell our government that we need a stronger stormwater permit to govern Massachusetts waterways and keep our communities pollution-free.