United States v. Massachusetts Water Resources Authority

No. 98CV10267 (97 F. Supp. 2d 155, 50 ERC 1644) (D. Mass. May 5, 2000)

ELR Digest

The court denies the U.S. Environmental Protection Agency's (EPA's) motion to compel the Massachusetts Water Resources Authority (MWRA) and the Metropolitan District Commission (MDC) to provide filtration for the water they supply to the Boston metropolitan area. Pursuant to state enforcement of the Safe Drinking Water Act (SDWA), the state Department of Environmental Protection (DEP) ordered the MWRA to provide filtration and disinfection treatment for the water supply. As part of an administrative consent order, the MWRA and the MDC were to implement a watershed protection plan as part of a larger effort to bring the system into compliance with the filtration avoidance criteria in EPA's surface water treatment rule (SWTR). The MWRA sought to achieve the avoidance criteria through treating the water with ozone, and the DEP was to make a determination at a later date as to whether filtration was still necessary in light of the ozone treatment. The DEP ultimately decided that the MWRA's system met the SWTR's avoidance criteria, but EPA brought this action against the MWRA and the MDC alleging violations of the SDWA and the SWTR.

The court first holds that although the MWRA was not in compliance with the fecal avoidance criterion of the SWTR in January 1999, public policy does not support requiring filtration for a single instance of noncompliance. The ozone treatment option proposed by the MWRA will adequately address bacterial threats to the water system, inactivate any known emerging pathogens, reduce levels of disinfection byproducts, increase levels of biodegradable organic matter in the distribution system, and improve the aesthetic quality of the finished water. Additionally, any risk to public health entailed by the ozone only treatment option is within acceptable levels. Moreover, the design of the facility will permit the prompt installation of filtration should it become necessary.

The full text of this decision is available from ELR (41 pp., ELR Order No. L-212).

Counsel for Plaintiff
George B. Henderson
U.S. Attorney's Office
U.S. CtHse.
One Courthouse Way, Boston MA 02210
(617) 748-9400

Counsel for Defendants
John M. Stevens
Foley, Hoag & Eliot
One Post Office Sq., Boston MA 02109
(617) 832-1000

[30 ELR 20535]

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]