On April 14 U.S. District Court Judge William G. Young issued a final judgment in CLF’s favor in our suit against the MassHighway Department, bringing to a close nearly five years of litigation to push the department to manage stormwater runoff from state roads that was polluting nearby waterbodies. The court found that MassDOT (which now includes MassHighway) is finally, sufficiently carrying out its obligations. As a result of CLF’s suit, MassHighway has now built new stormwater treatment measures at the three sites that were contributing to discharges that cause on occasion instream exceedance of water quality standards. In addition, it submitted a revised Storm Water Management Plan that addressed the numerous deficiencies in the original plan which the court approved. The court noted, however, that MassHighway has more work to do. MassHighway has committed to assess its storwmater impacts on over 600 locations over a five-year schedule and to install new treatment if necessary.  MassHighway will have to submit two more reports to the Court detailing its activities throughout 2011.

When CLF filed suit in 2006, MassHighway had not even obtained permit coverage for its stormwater from EPA as required under the Clean Water Act. Two years later, in 2008, Mass Highway had done nothing to comply with the federal court order to clean up three sites in Milford, Franklin and Lancaster, Massachusetts, and had not revised its statewide cleanup plan for degraded waters.  CLF took MassHighway back to court, and at a hearing in May, 2010, Judge Young called MassHighway to the mat for non-compliance with federal law and issued an order to begin the cleanup immediately. (For a more detailed history of the case click here.)

At long last, the Judge issued a final judgment in CLF’s favor. This lawsuit sets a precedent for how stormwater is managed, on MassHighway’s remaining 2,500 miles of roadways in Massachusetts and the 600+ locations throughout the state where stormwater is being dumped into degraded rivers, lakes, and streams. The true measure of our success, however, is cleaner water. One important thing to note is that Judge Young, in the court’s final judgment, explicitly said this does not preclude suits for future violations so you can be sure CLF will be closely monitoring MassHighway for years to come. Until next time…

Yesterday, New York City Mayor Michael Bloomberg announced the city’s 10-year Waterfront Vision and Action Agenda.  New England cities should take note of this forward-thinking plan, which knits together a dizzying array of restoration activities to ensure that NYC’s rivers, harbors and 500-mile waterfront remain world class amenities for its residents and visitors.

The waterfront plan incorporates key elements of NYC’s Green Infrastructure Plan, released last September.

Among other things, NYC plans to invest over $4 billion over the next 20 years in modernizing infrastructure to control pollution to the city’s waterways.  Recognizing it would need to invest huge sums to protect and enhance its critically valuable waterfront, the city did its homework.  Experts found that using green infrastructure approaches to reduce sewer overflows over the 20 years would result in cost savings of $1.5 billion.  NYC’s vision for restoring water quality now includes a mix of strategic investments in some “grey” or hard piped infrastructure – the sort cities have employed for the past century – along with a hefty proportion of green technologies.  In addition, the plan includes $900 million in private investment.

One inch at a time

Green stormwater management techniques, often referred to as “Low Impact Development,” model nature’s way of handling runoff from paved areas during storms – the runoff is cleansed by soil and plants in vegetated areas, then evaporates or is filtered back into the ground.  Wetlands, green roofs and even specially designed rain gardens and street trees can serve this function.  Dumping polluted stormwater runoff into natural wetlands isn’t on its own an acceptable solution, so green infrastructure approaches add new vegetated areas where the treatment occurs.

The status quo is that street runoff co-mingles with human wastewater in the sanitary sewer system, overwhelming the pipes and treatment plants.  Instead, the city plans to send street runoff into new green treatment areas designed to manage stormwater.  NYC has set its sights on diverting runoff from the first inch of rainfall from 10% of paved area. Keeping this quantity of runoff out of the combined sewer system, experts predict, will have dramatic water quality benefits.

Everybody pays, everybody wins

NYC’s waterfront vision is an impressive example of coordination across a tangle of city and state agencies, public and private entities.  The city’s action plan to cut back sewer overflows relies on public and private entities to restore water quality over the next 20 years.  The city will soon require new development to include state-of-the-art stormwater management, recognizing that private property owners will benefit from the improved waterfront and the public goals cannot be accomplished without their contributions.  If all goes as planned, many more New Yorkers will enjoy views of blue harbors from atop green roofs…

It’s difficult to imagine a day like today in Boston without the aid of salt to make our roads safe to use. For those of us in the snowier parts of the country, road salt is a necessary and accepted part of our winter. It’s cheap, effective and it allows commuters, motorists and emergency vehicles to safely reach their destinations in harsh conditions. According to the Salt Institute, Americans used 22 million tons of road salt in 2008. In a different study by the National Research Council, Massachusetts tops the list of of states with the highest road salt-use at, 19.94 tons per lane-mile each year, surpassing even New York, with 16.6 tons per lane-mile. Under MassDOT salt policy, salt or sodium chloride is applied at 240 pounds per lane-mile. In other words, trucks in Massachusetts are dumping more than a ton of salt every 10 lane-miles in a single application! Salt does not evaporate or otherwise get removed, so one has to ask: what is the fate of all this salt that is dumped on our roads?

Unfortunately, most of it is washed off of roadways by rain runoff and snow melt and enters our rivers and streams or percolates through the soil into our drinking water supplies. That’s the situation that Cambridge, MA has been combating for years. This densely-populated city gets its water from two reservoirs, both located next to Route 128, making it particularly susceptible to salt contamination. Another town suffering from the same issue is Boxford, MA. The town launched a suit against the state highway department, MassHighway, to close its salt storage shed, contending that it was responsible for contaminating at least 30 local wells. Aside from the ecological damage of excess salt, there are also health and financial burdens associated with high salt levels in public and private water supplies. High salt levels can result in skin and eye irritation and pose a danger for individuals with sodium-restricted diets, according to the New England Interstate Water Pollution Control Commission.

MassHighway is already under court order to manage stormwater runoff after CLF’s successful suit in 2008. Hopefully this effort will divert some of the salt from our waters and, in turn, lead to better health for both the environment and the MA residents who live in it.