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

Filing 1842

Judge Richard G. Stearns: ORDER entered on Compliance Report Number 240. (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 240
December 22, 2016
STEARNS, D.J.
On December 15, 2016, the Massachusetts Water Resources Authority
(MWRA) filed its (now) Biannual Compliance and Progress Report (the 240th
such report in the history of this litigation). The United States and the
Conservation Law Foundation have since indicated that they will not file
responses.

Schedule Seven
There were no scheduled activities for the past sixth months on
Schedule Seven.
Combined Sewer Overflow (CSO) Program
a. CSO Post-Construction Monitoring
The MWRA has begun preliminary work to implement the courtordered CSO post-construction monitoring program and performance
assessment intended to confirm compliance with the long-term CSO control
plan. The assessment will begin in January of 2018 and be completed in
December of 2020 in compliance with Schedule Seven (if all transpires as
anticipated).
b. CSO Water Quality Standards Variances
The MWRA reports that the Massachusetts Department of
Environmental Protection (DEP) has issued final determinations extending
to August 31, 2019, the CSO variances to the Massachusetts Surface Water
Quality Standards for the Lower Charles River and Basin and the Alewife
Brook and Mystic River.

These determinations build on previous

determinations and approvals that have been in place since 20o6.

In

planning for post-consent decree determinations, on November 10, 2016, the
MWRA submitted for the DEP’s review a completed scope of work for a

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modified water quality monitoring program.

The revised monitoring

program will allow the measurement of CSO impacts over a range of storm
events in a format consistent with the database the MWRA has maintained
since it began sampling water quality in the affected water bodies in 1989.
c. Deer Island Cross Harbor Cable
The MWRA is coordinating power usage at Deer Island with the
exploratory work of Eversource contractors looking to reposition the existing
cross-harbor cable to accommodate the Army Corps of Engineers’ planned
channel-deepening project.

As this is the subject of separate ongoing

litigation before the court, I will reserve any comment.
ORDER
Consistent with the court’s revised Scheduling Order, the MWRA will
submit Compliance Report No. 241 on or before June 15, 2017.
SO ORDERED.
/s/ Richard G. Stearns
__________________________
UNITED STATES DISTRICT JUDGE

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