Background on Case Studies - Environmental Impact Analysis: Process and Methods - page 361

2001

1973 to 1983 1983 to 1985 1985 to 1989

“Wastewater planning”
& litigation

Supplemental EIS

EIS

Problem Residuals

management Primary treatment

Poor operation
Sludge & Eff. discharge
Community opposition
Extreme cost

Combined
sewer
overf lows

Treatment process

Wastewater
treatment

Composting
demonstration &
site preparation

Construction

Discharge location

FIGURE 10.1
Boston Harbor cleanup program overview. Abbreviations: EIS, Environmental Impact Statement;
Eff, Effluent.

completed the planning to implement full secondary treatment. Thus there
were continuing violations of water quality standards, and noncompliance
with the Clean Water Act.
By the early 1980s, state legislators representing municipalities on Boston
Harbor, environmental advocacy groups, and even the U.S. EPA could not tol-
erate the conditions in Boston Harbor and lack of progress in meeting the Clean
Water Act (Figure 10.1). They filed a suit in federal court to address noncom-
pliance by MDC and force action. It did not take the “sludge judge,” Paul G.
Garrity, long to clearly realize and rule that not only was MDC in violation of
the law; there did not seem to be any viable scenario within the existing organi-
zational structure that could bring the situation under control within a reason-
able time frame. He thus ordered the State of Massachusetts to not only move
expeditiously to rectify the situation and meet Clean Water Act requirements
but also to form a new independent agency to address the situation. The new
agency, Massachusetts Water Resources Authority (MWRA) was assured of
adequate funding because under their charter, they collected sewer service fees
directly from the user communities, and the money could not be used for any
purpose but the wastewater system. Also they were not conflicted with other
more visible and popular responsibilities such as parks, highways, and police.
Following the court's ruling, the MWRA immediately proceeded with waste-
water facilities planning to address the Boston Harbor Cleanup following Clean
Water Act regulations and procedures. The planning was also done in compli-
ance with the state's Department of Environmental Protection and Massachusetts
Environmental Policy Act (MEPA) requirements, and as discussed in Section 8.6,