SETTLEMENT REQUIRES BOSTON WATER AND SEWER COMMISSION TO REMEDY SEWER AND STORMWATER DISCHARGES

News Release

U.S. Department of Justice

U.S. Environmental Protection Agency

FOR IMMEDIATE RELEASE  

THURSDAY, AUGUST 23, 2012      

DOJ (202) 514-2007                    
EPA (617) 918-1017

SETTLEMENT REQUIRES BOSTON WATER AND SEWER COMMISSION TO REMEDY SEWER AND STORMWATER DISCHARGES

WASHINGTON -- Under the terms of a consent decree lodged in federal court today, the Boston Water and Sewer Commission (BWSC) will implement extensive remedial measures to minimize the discharge of sewage and other pollutants into the water bodies in and around Boston, the Department of Justice and the U.S. Environmental Protection Agency announced today.  The BWSC will also pay a civil penalty of $235,000 for violations of the Clean Water Act and will perform a supplemental environmental project worth at least $160,000.

The work required under this consent decree will significantly reduce remaining pollution sources discharging into and degrading water quality in Boston Harbor. The consent decree is the result of a federal enforcement action brought by the Department of Justice on behalf of the U.S. Environmental Protection Agency (EPA), and by the Conservation Law Foundation (CLF), which filed the original complaint in the case and was an active plaintiff in the case.

“This settlement will require BWSC to take specific steps to significantly reduce discharges from its storm drain and sanitary sewer systems that have contributed pollutants to Boston Harbor and its tributaries,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice.  “This settlement will produce lasting benefits for the people of Boston, incorporating green infrastructure, low impact development, and other controls that will help reduce harmful discharges and protect the environment.” 

  “Together with our co-plaintiff CLF, we were able to progress from litigation to a settlement that is both comprehensive in its scope and stringent in its requirements and deadlines,” said Carmen Ortiz, U.S. Attorney for the District of Massachusetts.  “I am pleased that the BWSC is prepared to be proactive by taking a broad range of actions to minimize the pollutants in its stormwater discharges to Boston’s rivers, streams and harbor.”

  “This settlement represents a critical next-step in the ongoing cleanup of Boston Harbor and its associated urban rivers,” said Curt Spalding, regional administrator of EPA’s New England region. “Over the past decades there’s been a remarkable transformation as Boston Harbor and local waterways have been cleaned up, thanks to work by government at all levels and environmental advocates. Under this settlement, the City of Boston will use green infrastructure and low-impact techniques to control pollutants being discharged in its stormwater to local beaches, rivers and streams, benefiting all residents of Boston who enjoy outdoor recreation in the Hub.”

Water sampling conducted by EPA indicated untreated sanitary sewage discharging from numerous BWSC stormwater outfalls.  In response, the consent decree establishes an aggressive schedule for BWSC to investigate the sources of sewage being discharged from BWSC’s storm drains.  The BWSC will first complete its investigations of drainage areas discharging to Constitution, Tenean and Malibu beaches.  BWSC will prioritize the rest of the investigations according to the sensitivity of receiving waters and evidence of sewage.  The agreement also requires BWSC to remove all identified sources of sewage as expeditiously as possible.  In addition, the settlement requires BWSC to conduct frequent and enhanced monitoring (in both dry and wet weather) of its stormwater outfalls.

The consent decree also requires BWSC to control pollutants other than sewage, such as phosphorus and metals, being discharged from its storm drain system.  To accomplish this goal, BWSC will conduct stormwater modeling and implement appropriate Best Management Practices (BMPs) to control stormwater discharges.  In evaluating BMPs, the consent decree requires BWSC to implement Green Infrastructure and Low Impact Development (GI/LID) techniques wherever possible.  These types of techniques involve the use of natural or engineered systems to direct stormwater to areas where it can be stored, infiltrated, evapotranspirated or reused.

While some of the studies and planning required by the settlement will take several years to complete, the agreement also requires BWSC to initiate GI/LID demonstration projects in East Boston’s Central Square, Audubon Circle in the Kenmore/Fenway area of the city, and at City Hall Plaza on an expedited schedule.

Finally, the settlement requires the establishment of construction and industrial inspection programs necessary to meet the requirements of BWSC’s Municipal Separate Storm Sewer System (MS4) permit.
To settle the case, BWSC has also committed to implement a supplemental environmental project to address leakage from private sewer laterals.   BWSC has determined that a number of sewer lines connecting buildings to the BWSC sewage system (laterals) are leaking sewage from cracks in the laterals into the BWSC’s storm drains.  BWSC will line a minimum of 25 private sewer laterals that have been identified as sources of sewage to its storm drains.

The complaints filed by CLF and the United States alleged violations of the Clean Water Act involving the discharge of raw sewage and other pollutants to surface waters near heavily used recreation areas, such as Constitution Beach and Tenean Beach in Boston Harbor, as well as to the Charles, Mystic and Neponset Rivers.  According to the allegations, these discharges have occurred through both illegal sewer connections to the BWSC storm drain system and sanitary sewer overflows that discharge to the BWSC storm drain system or directly to local surface waters.

The complaints also alleged that BWSC violated conditions of its MS4 permit regarding the implementation of its Illicit Discharge Detection and Elimination Program, discharged pollutants in stormwater that violated water quality standards, and failed to develop and implement a number of programs required by the permit, including a program to inspect stormwater controls at construction sites throughout the city of Boston.

The consent decree, lodged in the U.S. District Court for the District of Massachusetts, is subject to a 30-day public comment period and approval by the federal court.  Once it is published in the Federal Register, a copy of the consent decree will be available on the Justice Department Web site at www.usdoj.gov/enrd/Consent_Decrees.html.

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U.S. Attorney and EPA Announce Settlement with City of Fitchburg

Press release:

News Release
U.S. Environmental Protection Agency
New England Regional Office
August 15, 2012

 Contacts: Paula Haschig, 617-918-1027 (EPA)
                Christine DiIorio-Sterling, 617- 748-3356 (US Attorney’s Office)

U.S. Attorney and EPA Announce Settlement with City of Fitchburg
Settlement Ensures that Fitchburg Addresses Wastewater and Storm Water Discharges

(Boston, Mass.—August 15, 2012) Under the terms of a Consent Decree lodged in federal court, the City of Fitchburg, Mass. will pay a civil penalty of $141,000 for violations of the Clean Water Act.   The City will also perform a Supplemental Environmental Project worth at least $100,000 and is implementing significant remedial measures to minimize future discharges of pollutants into the environment.

The Consent Decree is the result of a federal enforcement action brought by the U.S. Department of Justice, on behalf of the U.S. Environmental Protection Agency and the Office of the Attorney General of Massachusetts on behalf of the Mass. Department of Environmental Protection.  The complaint alleges that Fitchburg violated conditions of its permit controlling combined sewer overflows, bypassed wastewater flows around its secondary treatment system, violated numeric effluent limits on hundreds of occasions, and discharged untreated overflows from the collection system without permit authorization. 

United States Attorney Carmen Ortiz said, “the federal Clean Water Act was established to ensure that everyone is committed to making our rivers and streams safe and healthy for our children and future generations.  I am pleased that The City of Fitchburg is dedicating itself to achieving this goal by agreeing to today’s Consent Decree, ensuring that the Nashua River is not left behind.”                       

“This settlement ensures that a major source of pollution to the Nashua River will be controlled,” said Curt Spalding, regional administrator of EPA’s New England region.  “It is satisfying that the City will build upon the progress it has already made in restoring the River, once again making it accessible for safe recreation.” 

The Consent Decree to resolve the enforcement action imposes a schedule for addressing the City’s collection system and waste water treatment plant deficiencies.  It identifies specific combined system projects to prevent and control combined sewer overflows from significant portions of the City’s Collection System.  The City will also be required to establish a Collection System operations and maintenance program to overcome systemic neglect of the Collection System.  Similarly, the City will be required to develop operational changes and system upgrades to enable the City to comply with all of its permit limits. 

Preventing sewage from contaminating surface and ground waters of the United States is one of EPA’s National Enforcement Initiatives.  The initiative continues EPA’s focus on municipal collection systems that are undersized or deteriorating.  Municipal wastewater presents significant health threats to those using contaminated waters for recreational use and downstream drinking water systems.

More information: The Consent Decree, lodged in the U.S. District Court for the District of Massachusetts, is subject to a 30-day public comment period and approval by the federal court.  Once it is published in the Federal Register, a copy of the consent decree will be available on the Justice Department Web site at http://www.usdoj.gov/enrd/Consent_Decrees.html

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EPA Orders Corrective Action

News release from EPA:


For Immediate Release:
February 16, 2012
                                                 
EPA ORDERS MISSISSIPPI PHOSPHATES CORPORATION OF PASCAGOULA, MS TO CORRECT PROBLEMS AT THEIR FACILITY

Contact Information: Dawn Harris-Young, (404) 562-8421, harris-young.dawn@epa.gov

ATLANTA – The Environmental Protection Agency (EPA) has issued an Administrative Order on Consent to Mississippi Phosphates Corporation (MPC) in Pascagoula, MS that requires expedited corrective measures be taken at the facility to ensure the protection of public health and the environment.  EPA issued the order under Section 7003 of the Resource Conservation and Recovery Act (RCRA), which provides statutory authority to address an imminent and substantial endangerment to human health at facilities.

EPA believes that an imminent and substantial endangerment to human health and the environment exists at the facility due to corrosive water discovered by the facility outside the West Stack perimeter dike in January 2011 and September 2011. This order further directs MPC to continue to perform corrective actions that were included in a previous September 2009 Unilateral Order. The 2009 order was issued to MPC due to the EPA’s discovery of uncontrolled leaks and spills of sulfuric acid and untreated discharges from sulfuric acid plants to the adjacent bayou; and uncontrolled spills and leaks of phosphoric acid to unlined ditches at the MPC facility in August 2009.

MPC began operation in the late 1950s and was a subsidiary of Mississippi Chemical Corporation (MCC) from the early 1990’s through 2004. On May 15, 2003, MCC filed for bankruptcy and MPC was acquired by creditors. On December 21, 2004, MPC emerged from bankruptcy and is now owned by Phosphate Holdings, Inc, a publicly traded corporation. MPC manufactures sulfuric acid and phosphoric acid at the site and produces diammonium phosphate (DAP), a phosphate-based fertilizer.

Some of the work required of MPC in the 7003 Order includes: the submission of a revised plan to repair and replace degraded containment around sulfuric acid plants (SAPs); the continued implementation of the groundwater investigative and remediation work plan for the SAPs, DAP plant and construction area southwest of SAPs; daily visual assessment of seepage from west stack perimeter dike; and the submission of a west gypsum stack system improvement plan. As MPC addresses the requirements of this order, the EPA and Mississippi Department of Environmental Quality will continue to work jointly to oversee MPC's compliance with environmental laws, regulations and permits.