Landmark Clean Water Settlement Promises Cleaner, Greener Future for Boston

Conservation Law Foundation and EPA Reach Agreement with Boston Water and Sewer Commission to Control Polluted Runoff and Sewage Discharges to Boston’s Rivers, Beaches

CONTACT:
Ben Carmichael, CLF: (617) 850-1743 or bcarmichael@clf.org
Anthony Iarrapino, CLF: (802) 622-3010 or aiarrapino@clf.org

BOSTON, MA  August 23, 2012 – Almost thirty years after it filed the first federal lawsuit leading to the cleanup of Boston Harbor, Conservation Law Foundation (CLF) announced today that it has reached an agreement with the Boston Water and Sewer Commission (BWSC) to significantly enhance control of polluted runoff from storm drains and elimination of illegal sewer connections that can cause raw sewage discharges into the city’s rivers, including the Charles, Mystic and Neponset, and the water at harbor beaches. (The consent decree can be found here on DOJ’s website.)

In a multi-faceted settlement with CLF and the Environmental Protection Agency (EPA), which joined CLF’s federal Clean Water Act Citizen Suit in December 2010, BWSC agreed to build on its earlier pollution control investments, ensuring that stormwater pollution control systems employ up-to-date techniques for adequately protecting the city’s waters, girding Boston for the 21st century realities of climate change. Under the settlement, BWSC officials will be responsible for selecting effective, appropriately-scaled pollution control enhancements, as well as establishing and implementing installation schedules and monitoring programs needed to comply with the National Pollution Discharge Elimination System (NPDES) permit issued in 1999 under the Clean Water Act. Under the terms of the agreement, BWSC is required to pay $235,000 in fines to the United States government. BWSC will also dedicate an additional $160,000 to fund a Supplemental Environmental Project (SEP) intended to diminish the incidence of leaking privately-owned sewer lateral drains that are not otherwise the responsibility of BWSC to repair. These leaking laterals contribute to the discharge of untreated sewage to beaches and other sensitive waterbodies.

“The measures we have agreed to in the settlement will improve water quality, and protect the health of residents, in some of the city’s most economically-challenged communities, while keeping our city’s beaches accessible and safe for all,” said John Kassel, president of Conservation Law Foundation. “Safeguarding the last 30 years of clean water gains toward a healthy Boston Harbor requires ongoing commitment to effective controls on polluted runoff and elimination of all untreated sewage discharges.”

Anthony Iarrapino, CLF’s lead attorney in the lawsuit and related negotiations added, “BWSC’s forward-looking commitment to modernizing Boston’s pollution control with the use of ‘green infrastructure’ and other innovative techniques is critical to maintaining and protecting our long-term cleanup investment in Boston’s iconic waters. CLF is pleased that BWSC has already begun to lay the groundwork for some of the settlement’s clean water commitments. Once the settlement becomes an enforceable court order, CLF looks forward to further collaboration with EPA and BWSC to ensure that Boston’s waters receive the full benefits of this agreement. Boston is entering a bold new phase as a city poised to lead the nation in clean water.”

Multiple Measures to be Taken to Improve Water Quality

The settlement calls for immediate action to identify and remove illegal discharges of bacteria and other pollutants found in untreated sewage, develop a plan and implement best practices for managing polluted urban runoff, and ensure adequate cooperation from other City departments whose assistance is a key variable in the clean water equation. Among the actions called for in the settlement, are:

• Monitoring for and Removal of Illicit Discharges of Untreated Sewage

CLF’s and EPA’s lawsuits focused in part on illegal discharges into the city’s sewer system. These unauthorized connections to the municipal sewer system have resulted in the release of untreated sewage into the city’s waterways, contributing to bacteria problems that can cause closures of beaches and shellfish beds. The settlement requires BWSC to implement a robust monitoring program to detect illicit discharges of harmful bacteria and pollutants associated with untreated wastewater from the city’s storm sewer system outfalls and to remove illicit discharges within 60 days of identifying them, or as soon as possible thereafter.

•  Stormwater Runoff  Best Management Practices, including Green Infrastructure

During and after rainstorms, uncontrolled runoff can carry harmful amounts of pollutants directly into rivers. For example, polluted runoff can feed algae blooms such as those that have occurred on the Charles River this summer. Subject to EPA approval and CLF input, BWSC will develop and implement a plan that relies on a range of stormwater best management practices (BMPs) to reduce the amount of polluted runoff making its way into and out of the city’s storm drains. Where appropriate, the Commission will employ cost-efficient “green infrastructure” and “low impact development” techniques, which include such measures as strategically locating specialized plantings designed to catch and filter rainwater, and will evaluate and document the effectiveness of these measure on an ongoing basis. The first phase of the implementation plan will begin with green infrastructure demonstration projects at Audubon Circle in the Kenmore/Fenway area, East Boston’s Central Square, and City Hall Plaza.

• Better Reporting and Response to Sanitary Sewer Overflows (SSOs)

The settlement requires BWSC to report all SSO events to EPA and Mass DEP within 24 hours and to develop an Emergency Response Plan intended to minimize the volume of untreated wastewater discharged and its impact on the environment and public health.

• Monitoring and Enforcement at Construction Sites and Industrial Facilities

The settlement requires BWSC to develop and implement, either directly or in conjunction with other City departments, discrete programs for inspecting construction sites and industrial facilities for illegal stormwater discharges and for ensuring that property owners engaging in those regulated activities are implementing measures to control polluted runoff from those sites.

Finally, BWSC will be required to do comprehensive compliance reporting to ensure that the terms of the settlement are met within the timelines required. Failure to abide by the stipulations laid out in the settlement will result in penalties of up to $2500 per day until the problem is corrected.

In addition to its own staff attorneys, lawyers from the firms of Shearman & Sterling and White & Case also represented CLF pro bono in this case.

Conservation Law Foundation (CLF) protects New England’s environment for the benefit of all people. Using the law, science and the market, CLF creates solutions that preserve natural resources, build healthy communities, and sustain a vibrant economy region-wide. Founded in1966, CLF is a nonprofit, member-supported organization with offices in Maine, Massachusetts, New Hampshire, Rhode Island and Vermont. In addition to its own staff attorneys, lawyers from the firms of Shearman and Sterling and White and Case also represented CLF in this case.

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