EPA v. LOWELL CITY OF DPW

Case summary

On May 17, 2024, the U.S. Court for the District of Massachusetts entered a Consent Decree (CD) which the United States and Commonwealth of Massachusetts had entered into with the City of Lowell, Massachusetts to address alleged ongoing violations of its federal and state wastewater discharge permits. Lowell?s wastewater collection system includes combined wastewater-stormwater sewers. As a result, untreated sewage discharges to the Merrimack River, a drinking water source for downstream communities, during wet weather through combined sewer overflow (CSO) outfalls. The CD requires the City of Lowell to undertake further wastewater-stormwater separation work that will eliminate or reduce CSOs. The CD also requires Lowell to comply with its stormwater permit including updating and implementing a program to detect and eliminate illicit discharges to the stormwater collection system. The projects required by the CD are estimated to cost up to $160 million and will directly benefit environmental justice neighborhoods in Lowell, in addition to the downstream municipalities. Lowell will also pay a $200,000 penalty for past violations pursuant to the CD. The Commonwealth of Massachusetts is a co-plaintiff in this matter and worked closely with EPA and the City in negotiating the CD. On February 5, 2024, the US Department of Justice lodged a Consent Decree (Decree) in federal District Court that calls for the City of Lowell, Massachusetts to undertake wastewater-stormwater separation work that will eliminate or reduce combined sewer overflows (CSOs) in the City. As parts of Lowell's wastewater collection system consist of combined wastewater-stormwater sewers, during wet weather untreated sewage discharges through CSO outfalls to the Merrimack River, a drinking water source for downstream communities. Under the Decree, Lowell must also take actions to address pollution from its separate stormwater collection system and pay a $200,000 penalty for past violations. The projects proposed as part of the Decree's injunctive relief, estimated to cost up to $160 million, will directly benefit environmental justice neighborhoods in Lowell, in addition to the downstream municipalities. The Decree is the result of negotiations among the U.S., the Commonwealth of Massachusetts, and the City. 09/01/21: On August 3, 2021, EPA referred a civil judicial action under the Clean Water Act (CWA or Act) to the Department of Justice against the City of Lowell, Massachusetts (City) for violations of the Act. The City owns and operates a wastewater treatment plant and collection system that discharges to the Merrimack River. In its referral, the Region requests DOJ's assistance in modifying an existing/entering into a new consent decree with the City regarding compliance with the Act's combined sewer outfalls (CSO) requirements. While the City has taken action to comply with the CSO provisions in an existing 1988 decree, as well as those in previous administrative orders, it has yet to achieve full compliance with the CSO requirements under the CWA. The City recently completed integrated planning that can be the basis of the remedial work in a new decree. The Region is also investigating possible stormwater noncompliance and, if found, may amend the DOJ referral. Several of the infrastructure projects that will be proposed as part of the injunctive relief will directly benefit Environmental Justice neighborhoods in Lowell. The Region has been closely coordinating with the Massachusetts Department of Environmental Protection on this matter.

Defendants (1)

• Lowell, City of, MANamed in complaintNamed in settlement

Facilities (1)

• LOWELL REGIONAL WW UTILITY

  451 FIRST ST BLVD, LOWELL, MA, 01850

  Registry ID: 110024329289

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• LOWELL CITY OF DPWentered 2024-05-17

  Primary law: CWA

  Federal penalty: $100,000 · State/local: $100,000

Timeline (5 milestones)

• 2021-08-03Referred To Dept Of Justice
• 2021-08-24Enforcement Action Data Entered
• 2024-02-05Complaint Filed With Court
• 2024-02-05Final Order Lodged
• 2024-05-17Final Order Entered