United States v. Metropolitan District Commission

Citation: 94 F. Supp. 3d 2Docket: Civil Action Nos. 85-0489-RGS, 83-1614-RGS

Court: District Court, D. Massachusetts; March 27, 2015; Federal District Court

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Compliance Order Number 285, issued by District Judge Stearns, reflects ongoing monitoring and progress in the litigation involving the Massachusetts Water Resources Authority (MWRA). The MWRA submitted its Quarterly Compliance and Progress Report on March 13, 2015, with a subsequent addendum detailing the resolution of a dispute between the City of Cambridge and a property owner regarding additional Right of Entry necessary for sewer separation work on Concord Lane. The report includes the 2014 Progress Report for the Combined Sewer Overflow (CSO) Control Plan, with no responses filed by the United States or the Conservation Law Foundation.

No activities were scheduled for the first quarter of 2015. The CSO Annual Progress Report highlights the MWRA's successful oversight of 32 out of 35 projects outlined in the Long Term Control Plan, with significant advancements on the remaining three. By the end of 2015, compliance with the Federal Clean Water Act and Massachusetts Surface Water Quality Standards is anticipated, allowing for a final three-year performance assessment to commence in January 2018.

The report presents significant reductions in CSO discharges, from 3.3 billion gallons in 1988 to 0.45 billion gallons in 2014, with treatment rates dramatically improving. Specific reductions in discharges to the Charles River and Neponset River are noted. Under MWRA's leadership, 38 out of 84 identified outfalls have been closed, surpassing the original plan by four closures, with only Outfall CAM004 remaining active.

Progress on specific projects includes a $2.67 million initiative for Control Gate and Floatables Control at Outfall MWR003, which is 40% completed and on track for an October 2015 finish. Additionally, the City of Cambridge is advancing on multiple contracts for the CAM004 sewer separation project, projected to be completed by December 2015.

Surface restoration for the $17.8 million Contract 8A, which addressed combined sewer separation in a 68-acre area east of Fresh Pond Parkway, is on track for completion by June 2015. Contract 8B, with a budget of $31.2 million for the 83-acre area between Concord Avenue and Brattle Street, is 80% complete, with major storm drains and sewers being installed or nearing completion. The MWRA confirms compliance with schedule adjustments due to severe winter weather in late 2013 and early 2014. A change order issued by the City of Cambridge in September 2014 established a completion date of September 20, 2015, for Milestone 1 of Contract 8B (CSO-related work), while Milestone 2 (surface restoration) was delayed by 103 days to December 2016. NStar has completed gas line relocations in the area. The MWRA and City of Cambridge express confidence in finishing the CAM004 sewer separation project on schedule, with Milestone 1 being crucial. Contract 9, valued at $24.4 million for sewer separation over a 60-acre area, is 60% complete, with expectations for substantial completion by December 2015 and final surface restoration by August 2016.

The MWRA reported a resolution with the Concord Lane property owner regarding access for construction, enabling the City to issue a notice to proceed shortly, keeping the project on track for a December 2015 completion. In the Reserved Channel Sewer Separation project, five out of nine contracts have been completed, including Contracts 1, 2, 3A, 3B, and 7. Contract 4, worth $11.4 million, is expected to be substantially completed by the end of the month. Work on Contract 8 (pavement restoration) will resume soon after a winter interruption. Contract 6's notice to proceed was issued on December 8, 2014, with substantial completion anticipated by October 2015. Contract 5, involving pipe cleaning and sewer relining, aims for substantial completion by November 2015. The MWRA expects all work on the Reserved Channel project to be completed by December 2015.

The court acknowledges the diligent progress towards Schedule 7 milestones, particularly in light of challenging winter conditions, and commends the MWRA and City leaders for managing essential services without disruption and rejecting a proposal to dispose of excess snow in Boston Harbor. The parties are ordered to report to the court as scheduled.