Quincy agrees to spend $100 million on improved sewage flow following EPA lawsuit

QUINCY — The city has agreed to pay a $115,000 penalty and spend $100 million improving stormwater and sewer systems after a federal lawsuit accused Quincy of releasing sewage and untreated wastewater into Boston Harbor, Dorchester Bay, Quincy Bay and other public waterways.

In March 2019, the U.S. Attorney’s office in Massachusetts sued Quincy, alleging it violated the Clean Water Act numerous times between 2009 and 2013 by releasing sewage and untreated wastewater into public waters. Despite massive cleanup efforts over the last two decades, the federal Environmental Protection Agency said Quincy had not done enough to stop the pollution.

At the time, city officials expressed outrage over the lawsuit, accusing federal prosecutors of ignoring the city’s role in cleaning up the harbor as well as its ongoing efforts, which include more than $30 million in spending on sewer repairs over the last 30 years. 

It was Quincy that led the charge to stop the sewage discharge in the mid-1980s, suing the Metropolitan District Commission, which operated the plant, and other agencies over the outflow of untreated waste from the plant at the tip of Houghs Neck. The case eventually led to a court-ordered, multibillion-dollar harbor cleanup and created the Massachusetts Water Resources Authority.

"Really, if you look at it over the years, the water was a lot dirtier back when I was a kid, no question about it," Mayor Thomas Koch said. "The water has come a long way and the major reason for that is, no thanks to the EPA, the city of Quincy sued the commonwealth.

"We spend millions every year upgrading storm and sewer systems and we continually track and self correct when needed." 

Under the proposed settlement with the EPA, Quincy will "implement a comprehensive and integrated program to investigate, repair and rehabilitate its stormwater and sanitary sewer systems."

The settlement creates a schedule for Quincy to investigate the sources of sewage being discharged from its storm drains. Initial investigations will be done in beach areas, including Wollaston Beach and Adams Shore. Quincy will also have to conduct frequent and enhanced monitoring in both dry and wet weather of its stormwater outfalls.

“This settlement builds on work done over the past three decades to address pollution in Boston Harbor," EPA New England Acting Regional Administrator Deb Szaro said in a statement. "The work required under the proposed settlement will achieve cleaner and healthier water in Quincy and nearby areas. This will protect people’s health, making it safer to enjoy beaches or other recreation in or on the bays and rivers in the area."

Chris Walker, the mayor's chief of staff, said the settlement is a major compromise with the agency. If the city lost the lawsuit, hefty fines could have come down the pipeline. The Clean Water Act provides for daily fines of $37,500 for each violation that occurred on or before Nov. 2, 2015, and $54,833 for each violation after that date. 

"I think we were able to show both the EPA and the U.S. Attorney's office a lot of work had been done that maybe they weren't entirely privy to," Walker said. "I think that, along with these good faith negotiations, certainly played a role."

A list of 37 sewer-improvement projects – completed between 1991 and 2019 at a cost of more than $30 million as part of an effort to improve water quality at Wollaston Beach – represents just a portion of the money Quincy has invested in recent decades to clean up its waters. Since at least 2009, the city has spent up to $6 million per year on repairing sewers and at least $1 million a year on repairing stormwater drain systems.

The scope of that work includes a total replacement of about 18 miles of sewer lines in the area of Bayside Beach in Squantum and repairs, lining replacement and other improvements at at least 13 other locations.

"It's an ongoing issue but I can't say that I would do it any differently, looking back. We spend $6 to $8 million every year and any user of the water knows how much it has improved," Koch said. "I thought they came at it a little heavy handed, which is unfortunate and it felt like they were going for a gotcha moment, which for me is not productive. ... We are doing the right thing here and we will continue to do that." 

Koch said they city will continue to spend up to $8 million per year on sewage improvements. The money will come from rate payers and, if needed, the sewer rehab fund.  The proposed settlement requires the city to complete all remedial work by December 2034.

"It would be nice to get federal assistance for those projects if it's available," Koch said. 

Original Source: https://www.patriotledger.com/story/news/2021/06/10/quincy-settles-lawsuit-epa-spend-100-million-sewers/7637224002/