EPA v. QUINCY CITY OF

Case summary

08/16/21 - On August 4, 2021, a consent decree settling claims against the City of Quincy, Massachusetts for Clean Water Act violations was entered by the U.S. District Court for the District of Massachusetts. The United States filed a complaint against the City on March 14, 2019, alleging violations of the Clean Water Act. The complaint alleged that the City had inadequately controlled sewage leaking from its sanitary sewer system from mixing with stormwater and discharging from its municipal separate storm sewer system. The complaint also alleged that the City's sanitary sewer system had overflowed on numerous occasions, resulting in discharges of untreated wastewater. The settlement will require the City to implement extensive remedial measures to minimize the discharge of sewage and other pollutants into Quincy Bay, Dorchester Bay, Neponset River, Hingham Bay, Boston Harbor, and other water bodies in and around Quincy. The City will also pay a civil penalty of $115,000. According to EPA's environmental justice screening and mapping tool (EJSCREEN), all EJ indexes, except traffic proximity and volume and lead paint indicator, exceed the 80th percentile in EPA Region 1, with a high of the 97th percentile for wastewater discharge indicator. Addressing discharges of pollutants, particularly bacteria present in municipal separate storm sewer system and sanitary sewer overflow discharges, will improve the ability of residents in overburdened communities to utilize Quincy waters and beaches for swimming and recreation. In the United States' March 14, 2019 complaint, the Commonwealth of Massachusetts was named as a nominal party because Section 309(e) of the CWA, 33 U.S.C. 1319(e), requires that whenever the United States brings a civil enforcement action against a municipality under Section 309, the state in which the municipality is located shall be joined as a party. When the complaint was filed, the Commonwealth indicated support for EPA's enforcement efforts but opted to be named a nominal party rather than join as a co-plaintiff. Accordingly, the Commonwealth is not a party to the consent decree. Under the consent decree, the City will implement a comprehensive and integrated program to investigate, repair, and rehabilitate its stormwater and sanitary sewer systems, with all investigations and remedial work completed by December 31, 2034. The cost of the remedial measures is expected to be in excess of $100 million On September 29, 2015, EPA Region 1 sent a referral to the U.S. Department of Justice requesting that DOJ file a civil action for injunctive relief and penalties against the City of Quincy Massachusetts, for violations of the Clean Water Act. The referral describes the illicit discharge of sewage through Quincy's small municipal separate storm sewer system ( Small MS4 ) and as a result of sanitary sewer overflows ( SSOs ) from its separate wastewater collection system. The Region has identified potential CWA violations in the City through extensive fieldwork and information gathering over the past several years. The unauthorized discharges of untreated sewage and other pollutants from SSOs and illicit connections to Quincy's Small MS4 are a significant cause of water quality violations within, and adjacent to, the City. The referral requests that the Department of Justice file a civil action seeking injunctive relief to address te discharge of untreated sewage and other pollutants from illicit connections to the City's Small MS4 and SSOs. The Region also believes that a civil penalty is warranted in this matter.

Defendants (1)

• Quincy City ofNamed in complaintNamed in settlement

Facilities (1)

• QUINCY MUNICIPAL SEPARATE STORM SEWER SYSTEM

  1305 HANCOCK STREET, QUINCY, MA, 02169

  Registry ID: 110040086689

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• QUINCY CITY OFentered 2021-08-04

  Primary law: CWA

  Federal penalty: $115,000

Timeline (5 milestones)

• 2015-09-29Referred To Dept Of Justice
• 2015-10-04Enforcement Action Data Entered
• 2019-03-14Complaint Filed With Court
• 2021-06-09Final Order Lodged
• 2021-08-04Final Order Entered