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

Press release:

News Release
U.S. Environmental Protection Agency
New England Regional Office
August 23, 2012

Contact:    U.S. EPA: David Deegan, (617) 918-1017
                  U.S. Attorney’s Office: Christina DiIorio-Sterling, (617)748-3356

U.S. Attorney and EPA Announce Settlement with City of Gloucester
Settlement Ensures that Gloucester Continues to Improve Treatment Plant and Addresses Sewer Overflows

(Boston, Mass. – Aug. 23, 2012) – Under the terms of a modified Consent Decree lodged in federal court today, the City of Gloucester will upgrade its sewage treatment plant and work to stem overflows from its sewer system.  The modified Consent Decree stems from 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 Department of Environmental Protection.

United States Attorney Carmen Ortiz said, “Compliance with the federal Clean Water Act is critical for the health and safety of the citizens of our Commonwealth.  I am pleased that the City of Gloucester agreed to this modified Consent Decree, which will continue to improve the water quality in Gloucester Harbor.”

“This settlement should keep the City of Gloucester on the right track,” said Curt Spalding, regional administrator of EPA’s New England region.  “Directing more concentrated efforts at maintaining treatment facilities and increasing cooperation between city departments will better protect Gloucester’s vital coastline.”

“We are pleased that the City of Gloucester will be taking steps necessary to protect its historic harbor and beaches,” said Attorney General Martha Coakley.  “These measures are crucially important as we work to ensure that our waters continue to be an invaluable resource for our coastal communities and the Commonwealth.”

Gloucester’s existing primary Treatment Plant is nearly 30 years old, and while the City has recently completed important upgrades, the system is in need of additional repair and rehabilitation to meet the terms and conditions of the current discharge permit.  Maintenance has been inadequate and parts have not been replaced in a timely manner.  These problems have resulted in discharges of poorly treated sewage in violation of the City’s permit.  Under the Consent Decree, the City will address these problems.

Gloucester’s combined sewer system is designed to collect stormwater runoff, domestic sewage and industrial waste water in the same pipes and convey these wastewaters to the Treatment Plant.  The City’s system also includes several combined sewer overflow (CSO) outfalls, which discharge untreated wastewater when flows exceed the system’s capacity, typically during significant wet weather events.  The City’s CSO discharges violate the provisions of the Clean Water Act, and the Massachusetts Water Quality Standards.  The City initially developed a long-term CSO control plan in 2005.  The Modified Consent Decree replaces the 2005 CSO control plan, with a new, more cost-effective approach to mitigate and in some cases eliminate CSO discharges.  Implementation of this work will serve to improve water quality at Pavilion Beach and in Gloucester Harbor.

The City’s NPDES permit, however, does not allow overflows during dry weather.  Dry weather discharges occurred in Gloucester when there was still capacity in the system because the City did not pay close enough attention to operating the system.  The City has addressed the dry weather overflows and will work to minimize wet-weather other overflows under the Consent Decree.  Because of the City’s financial condition, the consent decree modification does not impose a penalty for the violations leading to this action. 

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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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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US and Tennessee Announce Clean Water Act Agreement With the City Of Chattanooga

FOR IMMEDIATE RELEASEJuly 17, 2012


US and Tennessee Announce Clean Water Act Agreement With the City Of Chattanooga
WASHINGTON – The U.S. Environmental Protection Agency (EPA), the Department of Justice, the Tennessee Department of Environment and Conservation and the Office of the Tennessee Attorney General announced today a comprehensive Clean Water Act settlement with the city of Chattanooga, Tenn. Chattanooga has agreed to pay a $476,400 civil penalty and make improvements to its sewer systems, estimated by the city at $250 million, to eliminate unauthorized overflows of untreated raw sewage. Chattanooga also has agreed to implement a green infrastructure plan and perform an $800,000 stream restoration project.  
“The EPA is working with communities across the country to address sewage overflows that impact the health of residents and impair local water quality,” said Cynthia Giles, assistant administrator for the EPA’s Office of Enforcement and Compliance Assurance. “Today’s agreement with the city of Chattanooga will rehabilitate their aging sewer system and promote innovative green infrastructure efforts to reduce stormwater runoff, while increasing green space in communities.” 

“Chattanooga residents will enjoy public health and environmental benefits for years to come as a result of the improvements required by this settlement agreement. The agreement prioritizes neighborhood sewer rehabilitation projects and utilizes innovative stormwater controls in the urban core, reducing sewer overflows and overall reducing threats to public health posed by untreated sewage,” said Ignacia S. Moreno, assistant attorney general for the Justice Department’s Environment and Natural Resources Division. “This is another example of how we are working toward the goal of clean water for all communities through the vigorous enforcement of the Clean Water Act throughout the United States.”
A consent decree, filed today in U.S. District Court for the Eastern District of Tennessee in Chattanooga, represents the combined efforts of the United States and the state of Tennessee, co-plaintiffs in this settlement, and of the Tennessee Clean Water Network, a citizens’ plaintiff in this action.  The consent decree resolves claims for injunctive relief and civil penalties for Chattanooga’s alleged violations of the Clean Water Act and the Tennessee Water Quality Control Act.
The proposed consent decree will require Chattanooga to comprehensively assess and rehabilitate its entire sewer collection system to eliminate overflows of untreated raw sewage. Specifically, Chattanooga will perform rehabilitation projects to address known problems within the collection system; implement programs to ensure proper management, operation and maintenance of its sewer systems; and install additional controls on the Chattanooga Creek combined sewer outfalls to ensure compliance with water quality standards.
Prior to finalizing the proposed consent decree, the city, along with EPA and the Tennessee Department of Environment and Conservation, held two public meetings to provide information regarding the sewer system and to seek community input regarding the impact that sewer overflows were having in the community. 
Chattanooga has also agreed to perform a stream restoration supplemental environmental project at a cost of $800,000 in the 3800 Block of Agawela Drive, to restore the stream and stabilize the banks of a tributary of the South Chickamauga Creek and eliminate a significant source of sediment and solids to the creek. Half of the civil penalty will be paid to the United States.  At the direction of the state, the other half of the civil penalty will be paid by Chattanooga through the performance of green infrastructure demonstration projects in the historic downtown Highland Park neighborhood to, among other things, improve water quality in the Dobbs Branch stream, which flows into Chattanooga Creek. Green infrastructure involves the use of soils, vegetation and natural processes to store, infiltrate and evaporate storm water to prevent it from getting into the sewer system.

Keeping raw sewage and contaminated stormwater out of the waters of the United States is one of the EPA’s national enforcement initiatives for 2011 to 2013. The initiative focuses on reducing sewer overflows, which can present a significant threat to human health and the environment. These reductions are accomplished by obtaining commitments from municipalities to implement timely, affordable solutions to these problems, including the increased use of green infrastructure and other innovative approaches.

The United States has reached similar agreements with municipalities across the country, including the following in the Southeast: Mobile and Jefferson County (Birmingham), Ala.; Atlanta and Dekalb County, Ga.; Knoxville and Nashville, Tenn.; Miami-Dade County, Fla.; and Northern Kentucky Sanitation District #1 and Louisville, Ky.
The proposed consent decree with Chattanooga is subject to a 30-day public comment period and final court approval before becoming effective. 

More information about the settlement:
http://www.epa.gov/compliance/resources/cases/civil/cwa/cityofchattanooga.html


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City of Unalaska Agrees to Extensive Sewer System Upgrade in Federal Settlement

City of Unalaska Agrees to Extensive Sewer System Upgrade in Federal Settlement

 Contacts: DOJ (202) 514-2007; EPA (202) 564-4355; TDD (866) 544-5309; TDD (202) 514-1888; www.justice.gov

WASHINGTON – The city of Unalaska, Alaska, will undertake a major upgrade of its municipal sewage treatment plant under a settlement of a Clean Water Act enforcement action filed against the city and the state of Alaska by the Department of Justice on behalf of the Environmental Protection Agency (EPA).

Under the proposed settlement, Unalaska will spend at least $18 million to upgrade its treatment plant over the next three years to meet the requirements of its current National Pollution Discharge Elimination System (NPDES) permit, which was issued by EPA under the Clean Water Act. The city has also committed to adhere to fecal coliform limits that are 50 times more stringent than the current permit’s limits.

The Clean Water Act lawsuit, filed in June 2011, alleged that the city continually violated its NPDES permit by discharging pollutants into South Unalaska Bay in excess of discharge permit limits. According to monitoring reports that the City is required to file with EPA, Unalaska’s treatment plant had more than 5,500 violations of permit limits between October 2004 and September 2011, including discharges of harmful fecal coliform bacteria that were often more than double the permit limit.

The treatment plant upgrade will significantly reduce the level of pollution, including fecal coliform bacteria, being discharged into Unalaska Bay, which is part of the Bering Sea. The city will also pay a $340,000 penalty for past NPDES permit violations.

“This agreement will result in cleaner water in Unalaska Bay, which is home to a vital commercial fishery as well as protected wildlife,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. “Unalaska residents and the fishermen who depend on the Bay will be the beneficiaries of this agreement for many years to come.”

Edward Kowalski, director of EPA’s Office of Compliance and Enforcement in Seattle, noted that today’s agreement paves the way for a long-overdue enhancement of the City’s primary wastewater treatment process.

“Today’s settlement represents an investment in Unalaska’s future,” said EPA’s Kowalski. “By agreeing to modernize its wastewater treatment plant, the City of Unalaska will help protect the waters of Unalaska Bay and meet current discharge permit limits.”

With a year-round population of approximately 4,400, Unalaska (commonly known as Dutch Harbor), is Alaska’s 11th largest city. Lying roughly 800 miles southwest of Anchorage in the Aleutian Island chain, Dutch Harbor serves as homeport to one of the nation’s most productive commercial fishing fleets, supporting both industrial-scale fishing and fish processing. During the height of the fishing season, Unalaska’s population more than doubles, reaching as high as 10,000.

Unalaska Bay is protected for a number of uses, including boating, recreational and commercial fishing, and shellfish harvest. It also provides habitat for several endangered or threatened species, including northern sea otters and Steller’s eiders, a species of sea duck. However, the Bay is currently listed as an impaired water-body, which means it fails to meet state water quality standards.

As required by the Clean Water Act, the State of Alaska must be a party to this action. The Department of Justice will be taking public comment on the settlement for a period of 30-days from publication of a notice of the settlement, which should appear shortly in the Federal Register. After resolution of all comments received, the settlement will be entered in federal court. It will take effect on the day it is entered by the court. A copy of the settlement agreement can be obtained at: www.justice.gov/enrd/Consent_Decrees.html.

EPA Orders Buffalo Sewer Authority to Reduce Water Pollution

EPA Orders Buffalo Sewer Authority to Reduce Water Pollution in Niagara River

Four Billion Gallons of Sewage and Wastewater Pollutes Niagara River and Tributaries Every Year

Contact: Mike Basile (716) 551-4410; basile.michael@epa.gov

(New York, N.Y. – March 15, 2012) The U.S. Environmental Protection Agency has ordered the Buffalo Sewer Authority in Buffalo, New York to comply with federal Clean Water Act requirements for combined sewer systems to protect people’s health and water quality. Combined sewer systems carry domestic sewage, stormwater runoff and industrial wastewater in the same pipes. During periods of heavy rain, they can overflow and send untreated sewage and toxic materials into local waters. The Buffalo Sewer Authority violated its environmental permit issued by New York State Department of Environmental Conservation, which required it to submit a plan on how the city would reduce the amount of sewage and other pollutants that flow out of 52 combined sewer points into the Niagara River and its tributaries.

“Sewage Pollution in the Niagara River is degrading water quality and having a direct effect on the quality of people’s lives,” said Judith A. Enck, EPA Regional Administrator. “Local fish are inedible and people can’t enjoy recreational water sports or local parks because of sewage odors. Buffalo has made improvements to its combined system in recent years, but much more must be done to protect people’s health and water quality.”

“This Order is an important step to improve the water quality of the Niagara River and to help with the economic revitalization of the City of Buffalo. We look forward to receiving the Authority’s Long-Term Control Plan to reduce CSO discharges. We expect this plan will include green infrastructure projects that will help restore the health of the river,” said DEC Commissioner Joseph Martens.

“This Order is an important step to improve the water quality of the Niagara River and to help with the economic revitalization of the City of Buffalo,” said DEC Commissioner Joe Martens. “We look forward to receiving the Authority’s Long-Term Control Plan to reduce CSO discharges. We expect this plan will include green infrastructure projects that will help restore the health of the river.”

During periods of heavy rainfall or snowmelt, the volume of wastewater in a combined sewer system can exceed the capacity of the sewer system or wastewater treatment plant. When this happens, combined sewer systems overflow and discharge excess wastewater directly to nearby water bodies. These overflows contain not only stormwater, but also untreated human and industrial waste, toxic materials and debris. It is estimated that Buffalo’s combined system contributes almost four billion gallons of combined sewage overflow to the Niagara River and its tributaries each year.

Under its current state-issued permit, the Buffalo Sewer Authority discharges from its wastewater treatment plant outfalls and from combined sewer overflow points into the Niagara River, Black Rock Canal, Erie Basin, Buffalo River, Scajaquada Creek, Cazenovia Creek and Cornelius Creek. The Buffalo Sewer Authority's 1999 permit required it to develop a Long Term Control Plan, to manage its combined sewage. Long Term Control Plans generally call for system characterization, the development and evaluation of alternatives, and the selection and implementation of controls that reduce water pollution. The plans must consider the costs and effectiveness of reducing the number of overflows and the amounts discharged, as well as water quality improvements. The plans are part of a phased approach for the control of combined sewer overflows that will ultimately meet state water quality standards for the local water bodies.

The Buffalo Sewer Authority was required to submit its plan to reduce sewage discharges by July 1, 2001. The NYSDEC reissued and modified the discharge permit, giving the Buffalo Sewer Authority more time to submit its plan. The authority submitted a plan in July 2004, which was 3 years ate and inadequate.

The legal order issued by the EPA requires the Buffalo Sewage Authority to submit to DEC and EPA by April 30, 2012 an approvable Long Term Control Plan that proposes sewer system improvements to ensure that combined sewer overflows comply with technology and water quality-based requirements. The Buffalo Sewer Authority could face penalties if it does not comply with the order.

The EPA order also requires the Buffalo Sewer Authority to develop a financial plan that addresses project, capital and costs and to detail a strategy to meet water quality standards. The projected cost of the Buffalo Sewer Authority’s implementation of an approvable Long Term Control Plan could be as much as $500 million dollars over 15 years, depending on the alternatives chosen for implementation.

EPA and DEC are encouraging the Buffalo Sewer Authority to incorporate green infrastructure projects such as increased open space, rain barrels and rain gardens, permeable pavements and sidewalks, green roofs and urban trees into its plan. Using green infrastructure helps reduce the amount of combined sewer overflows by stopping runoff pollution at its source. Many of these methods have the added benefit of improving urban quality of life, lowering heating and cooling costs and improving air quality.

For more information about combined sewer overflows and to read a recent EPA report on the issue, visit

http://www.epa.gov/region2/water/sewer-report-3-2011.pdf

Follow EPA Region 2 on Twitter at http://www.twitter.com/eparegion2 and Facebook at http://www.facebook.com/eparegion2.

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DOJ and EPA Propose More Time for Baton Rouge STP Upgrades

From EPA Region 6 News Release:

DOJ and EPA propose more time to complete Baton Rouge Sewage Treatment Plant upgrades

Under proposal Baton Rouge will also complete additional sewer system enhancements

(DALLAS – Jan. 19, 2012) The U.S. Department of Justice (DOJ), U.S. Environmental Protection Agency (EPA) and the Louisiana Department of Environmental Quality (LDEQ) today proposed that Baton Rouge be given additional time to upgrade its sewage treatment plants. As part of the proposal, Baton Rouge wastewater treatment plants will undertake additional projects to further reduce sanitary sewer overflows and ensure Clean Water Act compliance.

Baton Rouge has been upgrading its North and South treatment plants under a consent decree entered by the court in March 2002. Today’s proposal would extend the deadline from Jan. 1, 2015 to Jan. 1, 2018, and include implementation of a supervisory control and data acquisition system and installation of emergency generators at over 400 pump stations used in the sewage collection system.

The proposed consent decree modification will be lodged with the federal District Court for the Middle District of Louisiana pending solicitation of public comment on the proposed modification. Approval by the District Court is required before any modification of the 2002 consent decree would be effective.