USA v. M.D.C., et al

Filing 1751

Judge Richard G. Stearns: Compliance Order Number 219 entered. (Zierk, Marsha)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 85-0489-RGS
UNITED STATES OF AMERICA,
Plaintiff,
v.
METROPOLITAN DISTRICT COMMISSION, et al.,
Defendants.

CIVIL ACTION NO. 83-1614-RGS
CONSERVATION LAW FOUNDATION OF NEW ENGLAND, INC.,
Plaintiff,
v.
METROPOLITAN DISTRICT COMMISSION,
Defendant.
SCHEDULE SEVEN COMPLIANCE ORDER NUMBER 219
April 14, 2011
STEARNS, D.J.
This is the two hundred and nineteenth Compliance Order that has issued in this
litigation.

On March 15, 2011, the Massachusetts Water Resources Authority

(MWRA) filed its Quarterly Compliance and Progress Report. The United States and

the Conservation Law Foundation have indicated that they each decline to file a
response.
I. Schedule Seven
A. Activities Not Completed
1. Construction of Charles River Valley Sewer and South
Charles River Relief Sewer Gate Controls
The MWRA reports that the January of 2011 milestone for this project was not
met because the MWRA determined, as previously reported to the court, that any
potential combined sewer overflow (CSO) benefits that might be achieved from the
project were not necessary to attain the long-term level of CSO control for the Charles
River. On March 24, 2011, the MWRA filed an unopposed motion to delete the related
milestones from Schedule Seven. The court will allow the motion as it agrees with the
MWRA’s assessment.
B.

Progress Report
1. Combined Sewer Overflow Program
a. CSO Annual Progress Report

The MWRA has submitted its CSO Annual Progress Report, summarizing the
progress made in implementing the long-term CSO control plan during 2010. Of
particular note are the completion of the East Boston Branch Sewer Relief project and
the Bulfinch Triangle sewer separation project. In addition, the City of Cambridge

completed one of the five projects in the CSO control plan for Alewife Brook, and the
MWRA made significant strides towards completion of the North Dorchester Bay CSO
storage tunnel and related facilities. All together, the MWRA spent $65.9 million in
2010 to implement CSO-related projects.
b. North Dorchester Bay Storage Tunnel and
Related Facilities
The MWRA reports that the above and below-ground structures have been
completed for the dewatering pump station, and the tunnel dewatering pumps have been
installed. In addition, the below-ground tunnel ventilation building is now 88-percent
complete. Although the MWRA has experienced delays in the delivery of the two
activated carbon absorption vessels for odor control and in a portion of the electrical
work, it believes that this project will be complete in May of 2011, in accordance with
Schedule Seven.
c. Cambridge Sewer Separation
The MWRA reports that progress continues on the construction of the CAM400
Manhole Separation Project and the design of the CAM004 sewer separation project.
However, Cambridge has experienced further delays in obtaining the remaining
easements from two private property owners that are needed to issue the Notice to
Proceed with the long-delayed Contract 12. While Cambridge reportedly expects to
receive fully executed easements and rights of entry from one property owner in the

near future, the same is not true with regard to the second set of properties, located at
125, 150, 180, and 180R Cambridge Park Drive. Cambridge has been negotiating with
the new owner of these properties, Barclay’s Bank, in an effort to resolve issues related
to unrecorded parking easements and the placement of utilities. The MWRA reports
that the completion date of Contract 12 - and its subsequent dependent contracts - is
threatened by further delays.
II. Comments
The court is pleased with the substantial progress that was made in 2010 on the
wide variety of the remaining projects. The court shares the MWRA’s concern over
the continued delay to Contract 12 and urges Cambridge to make every reasonable
effort to finalize the negotiations with regard to the remaining easements at issue. The
court will schedule a hearing within the next sixty (60) days to assess the reasons for
the delay in the commencement of Contract 12, an essential project in the Alewife
Brook CSO Control Plan.
ORDER
The parties are ordered to report to the court as previously scheduled.
SO ORDERED.
/s/ Richard G. Stearns
______________________________
UNITED STATES DISTRICT JUDGE