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

Filing 1809

Judge Richard G. Stearns: ORDER entered. (Zierk, Marsha)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 85-0489-RGS
UNITED STATES OF AMERICA,
v.
METROPOLITAN DISTRICT COMMISSION, et al.
CIVIL ACTION NO. 83-1614-RGS
CONSERVATION LAW FOUNDATION
OF NEW ENGLAND, INC.
v.
METROPOLITAN DISTRICT COMMISSION
SCHEDULE SEVEN
COMPLIANCE ORDER NUMBER 233
October 8, 2014
STEARNS, D.J.
This is the two hundred and thirty-third Compliance Order that
has issued in this litigation.

On September 15, 2014, the

Massachusetts Water Resources Authority (MWRA) filed its
Quarterly Compliance and Progress Report. The United States and
the Conservation Law Foundation have declined to file a response.
I. Schedule Seven
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A. Activities Completed
1. Interceptor Connection Relief and Floatables
Control at Outfall SOM01A
As noted in previous compliance reports and orders, the MWRA
achieved substantial completion of this project in December of 2013,
well ahead of the June 2014 milestone set out in Schedule Seven.
2. Control Gate and Floatables Control at Outfall
MWROO3 and Rindge Avenue Siphon Relief
The MWRA reports that on August 28, 2014, in compliance
with Schedule Seven, it issued the Notice to Proceed with this $2.67
million project, which is the last of the six construction projects in the
MWRA’s long-term Combined Sewer Overflow (CSO) control plan for
the Alewife Brook. As explained in previous compliance reports and
orders, the MWR003 project will upgrade the overflow hydraulic
capacity at Outfall MWR003 and increase capacity at the Rindge
Avenue siphon, which delivers overflows to Outfall MWR003. By
replacing the existing 30-inch siphon with a 48-inch siphon and the
static overflow weir with an automated gate that will drop when the
metered flow approaches critical levels, the MWR003 project will
provide system relief and control of upstream flooding during
extreme weather events. The resulting increase in overflow capacity
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will compensate for the planned closing of Outfall CAMO04, to be
implemented on completion of the CAM004 sewer separation project
in December of 2015.
The MWRA reports that it has agreed to the City of Cambridge’s
request to install a flap gate to prevent backflow upstream of the
MWR003 project. The gate will be housed in a 48-inch interceptor
dedicated to service areas of Cambridge.
B.

Progress Report
1.

Combined Sewer Overflow Program
a. CSO Project Awards

The MWRA reports that the City of Cambridge and the Town of
Brookline have both received accolades for recent projects in the
MWRA’s long-term CSO control plan. The American Public Works
Association (APWA) named Cambridge’s Alewife Constructed
Wetland a 2014 Environment Project of the Year. In addition, the
wetland was recognized as Best Water/Environment Project in
Engineering News Record (ENR)/New England’s 2014 Best Projects
Competition. It also received a National Recognition Award from the
American Council of Engineering Companies (ACEC), as well as a

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Gold Award in the ACEC Massachusetts 2014 Engineering Excellence
Awards Competition.
Brookline’s sewer separation project, completed in 2013, was
also named a 2014 Environment Project of the Year by APWA, and
received

a

Silver

Award

for

Engineering

Excellence

from

ACEC/Massachusetts and a 2014 Merit Award from ENR/New
England.
b. CAM004 Sewer Separation
The MWRA reports that the City of Cambridge continues to
make substantial progress on the CAM004 sewer separation project.
Surface restoration work will continue through December of 2015 on
the now substantially completed $17.7 million Contract 8A, which
involved the installation of sanitary sewer and storm drain pipe in the
Huron Avenue/Fresh Pond/Brattle Street vicinity.
The MWRA also reports that Contract 8B, which involves the
separation of combined sewers in an 83-acre area between Concord
Avenue and Brattle Street, is now some 25 percent complete (as
compared to 20 percent last quarter).

According to the MWRA,

scheduling issues have arisen, primarily as a result of winter weather
delays, in the relocation of gas lines. The MWRA has authorized the
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City of Cambridge to undertake change order and amendment
negotiations with its contractor and engineering consultant in order
to implement a recovery schedule that will enable the parties to
achieve completion of the CSO-related work in compliance with
Schedule Seven.

Under the proposed recovery schedule, the

contractor will concentrate on sewer and drain installations, and
postpone surface restoration work.

This will cost an estimated

additional $1.5 million (for temporary road and sidewalk paving,
extended engineering services, and police details), but will also allow
for the completion of the CSO-related work in Project 8B, a
prerequisite to the commencement of the CSO-related work in Project
9, the last of the three projects that comprise the CAM004 sewer
separation project.
The MWRA reports that Contract 9, which provides for the
installation of new sanitary sewers and storm drains in Concord
Avenue (and intersecting streets) to separate combined sewers in a
60-acre area from Fresh Pond Parkway to the intersection of Concord
and Huron Avenues, is now 15 percent complete.1 Provided that the
Contract 8B recovery schedule remains on track, the MWRA expects
At the close of the last quarter, the MWRA reported Contract 9
was 18 percent complete. The discrepancy is not explained.
1

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that Contract 9 will be substantially complete by December of 2015,
in accordance with Schedule Seven.
c. Concord Lane Delays
The MWRA reports that it was able to assist the City of
Cambridge in securing a right of entry (ROE) onto the previouslydiscussed Concord Lane property, which runs behind the Fresh Pond
Mall and serves adjacent commercial properties.

Cambridge has

since completed the necessary field, building and utility surveys, as
well as the soil borings and groundwater testing. According to the
MWRA, Cambridge recently completed the 60 percent design plans,
and will meet with the property owner to review the plans and
negotiate a final ROE for construction. This project is currently on
track to meet Schedule Seven’s milestone of December 2015.
d. Reserved Channel Sewer Separation
The MWRA reports that the Boston Water and Sewer
Commission (BWSC) continues to make progress on the remaining
contracts that comprise the Reserved Channel sewer separation
project. The two remaining sewer separation contracts: Contract 3B
(which involves sewer separation over a span of 66 acres, and is now
approximately 93 percent complete) and Contract 4 (which involves
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sewer separation over 182 acres, and is now approximately 80
percent complete), are progressing on schedule.
The MWRA additionally reports that the $6.8 million Contract
8 (for pavement restoration following sewer separation-related
construction) will continue to track the sewer separation work
performed under Contracts 3B and 4, through April of 2016, and that
Contract 5 (for the cleaning and lining of existing sewers) is expected
to be substantially complete in November of 2015. With respect to
Contract 6 (for downspout disconnections), the MWRA reports that
BWSC has not issued the notice to proceed, but is currently
evaluating whether the remaining work under Contract 6 should be
subsumed under Contracts 3A and 4. According to the MWRA, all
work for the Reserved Channel Sewer Separation project remains on
track for completion by December of 2015, in compliance with
Schedule Seven.
II. Comments
The court congratulates the City of Cambridge and the Town of
Brookline on the well-deserved awards received from industry
associations for the excellence of their CSO-related projects. The
court is additionally pleased that the vexing Concord Lane issues have
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been resolved, and that all remaining projects appear to be
progressing on schedule.
ORDER
The parties are ordered to report to the court as previously
scheduled.
SO ORDERED.
/s/ Richard G. Stearns
UNITED STATES DISTRICT JUDGE

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