This is the fifth and last post in our Shark Week Series. Happy Shark Week, everyone!

Many rational people are very afraid of sharks. We can tell ourselves that the odds of attack are extremely low, especially in New England, but the primal image of the gaping maw and jagged teeth is hard to drive away with logic. As David Ropeik points out in his thought-provoking book, How Risky Is It, Really?, a risk feels bigger if you think it can happen to you, regardless of the odds. Sharks attacks are easy to imagine. However, if you look at the numbers, you should be way more worried about the drive to the beach, or lightning. The odds of death by shark each year in the U.S. are 1 in 3,748,067. You are way more likely to die from a dog attack. Here are some other things that are deadlier than a shark:

• Car accident – you have a 1 in 84 chance of dying in a car crash each year
• Death by sun/heat exposure – 1 in 13,729 per year
• Death by fireworks – 1 in 340,733 per year

I do worry about sharks. Almost anyone who spends time in the ocean thinks about them. But I worry a lot more about getting sick from polluted water.

Potentially harmful bacterial pollution enters our coastal environment in partially or untreated wastewater and stormwater, in septic and cesspool waste, and from animal waste on or near beaches. According to the Centers for Disease Control and Prevention, illnesses caused by recreational use of contaminated water are on the increase. For the fifth year in a row, beach closure or advisory days in 2010 topped 24,000 nationally, the majority which are due to bacterial contamination. Swimming in pathogen-contaminated water can result in respiratory infections, pink eye, stomach flu and many other health problems.

Many popular beaches have water-testing programs to help keep swimmers safe, but the testing is generally not daily, and the results are not “real time.” It’s a good idea to avoid the water during or after a storm, when bacteria levels are likely to be higher, since some of our stormwater is untreated. Worse still, many towns and cities in New England have antiquated Combined Sewer Overflow (CSO) systems that are designed to release untreated sewage and stormwater into our rivers and oceans during storms. Some beaches close down as a result of storms, without even being tested, if it is known that CSOs will be flowing into the water. Fortunately, some CSOs are being upgraded and eliminated. But for now, there is still a very real risk of illness from swimming in contaminated water.

There is risk in everything we do. I’m willing to risk an encounter with one of the “Men in Gray Suits” if it means I get to keep surfing. But I’m going to be very careful about swimming in polluted water.

My point is not that we should be too afraid to enjoy our amazing beaches and ocean life. But, that we should work to protect them. Join CLF in advocating for our National Ocean Policy, in protecting the Clean Water Act, and in ensuring we leave a legacy of protecting these special places.

Cynthia Liebman is a staff attorney at CLF Massachusetts. (Photo credit: Leslie Boudreau)

The most expensive stormwater runoff problem to fix is the one that’s not addressed. That’s the first point CLF Massachusetts Staff Attorney Cynthia Liebman makes in this smart letter to the editor published yesterday in the MetroWest Daily News. The letter is in response to the paper’s July 26 article stating that officials in the town of Milford, MA are considering suing EPA over the costs of EPA’s proposed regulations to clean up toxic stormwater runoff.

“Toxic algae blooms and other symptoms of pollution from paved areas undermine the clean water and recreational opportunities that make our towns desirable places to live, visit, and do business,” she writes. “EPA’s new pollution control program in the communities that discharge into the Charles River and its feeder streams provides more equitable cost sharing than the status quo.” More >

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.

Welcome to Omaha? This is the first year that the College World Series will be played at the new TD Ameritrade Park. Business owners are concerned that the event will be remembered instead by the smell of sewage. (Photo credit: Stadium Journey)

On Monday, June 20, the Portland City Council will vote on a proposal for the Tier III projects of its Combined Sewer Overflow Abatement Plan. Pursuant to this vote, the city will decide how long it wants to continue discharging sewage and other pollutants from industrial wastewater and stormwater runoff into Portland’s waterways through its combined sewer overflows (CSOs).

Portland’s CSO abatement project originated in 1991 when the city entered into a Consent Decree with the Board of Environmental Protection to resolve the city’s ongoing violations of state and federal law through its unpermitted discharges into waterways. Under the city’s initial Master Plan, it agreed to abate discharges from 33 of its CSOs by 2008. Although 2008 has come and gone, the city is still years away from completing its CSO abatement project. More specifically, the city is debating whether Tier III of its abatement plan should be completed in 15 years or in 25 years. The project is going to cost ratepayers under either time frame, but the sooner the city abates these discharges, the sooner water quality in Portland improves and the businesses that depend upon good water quality benefit.

While it may be easy to overlook water pollution since it can be difficult to see, it is not easy to ignore the unpleasant and unmistakable stench of untreated sewage. Just ask the residents and business owners in Omaha, Nebraska, as well as the thousands of people descending upon Omaha for the college world series, which Omaha is hosting for the first time—in a brand new stadium.

Like Portland, Omaha still has a CSO system in place.  And right now, Omaha is discharging sewage into the Missouri River because the Missouri’s flooding has overwhelmed Omaha’s wastewater treatment system, just in time for “record crowds” which must reluctantly tolerate the stench.  Some business owners have expressed concern over the affect that the smell of sewage will have, but as the stadium’s marketing manager pointed out, there is not much that can be done other than “deal[ing] with it” and hoping that visitors’ lasting impression of Omaha is one of great baseball rather than the foul smell of sewage.

Fortunately for Portland, it has been spared such unfortunate circumstances—for now. But instead of just tolerating the problems caused by continued use of its CSO system, Portland should, as urged by CLF, “deal with it” by abating CSO discharges sooner rather than later, a task that the Public Works Department, through its work in recent years, has shown it is more than capable of handling.  Twenty-five years is too long to sit around holding our breath and hoping that what is happening in Omaha does not happen in Portland.