CRWA in the News

MassHighway ordered to control water runoff pollution

by Michelle Laczkowski, Daily News staff

Milford Daily News, Wednesday, June 4, 2008

A federal judge has ruled against the Massachusetts Highway Department for its failure to develop an adequate stormwater cleanup plan along local roads and bridges, including the Charles River watershed areas in Milford and Bellingham.

Judge William G. Young decided Friday that MassHighway violated federal clean water laws by failing to develop an adequate cleanup plan for its 2,500 miles of urban roads and bridges.

Young ordered the state to quickly move to address pollution hot spots along the Charles River watershed, near Interstate 495 in Milford and Bellingham.

"MassHighway has long ignored their legal responsibility to protect the commonwealth's water resources for the health of all residents," said Conservation Law Foundation staff attorney Cynthia Liebman, who helped argue the case. "They have been causing significant water problems around the state."

Liebman added: "The judge's ruling will address (stormwater) problems on a more statewide basis."

Before his ruling, Young commended MassHighway for its "impressive accomplishments" in addressing environmental health, among other needs throughout the state.

"The court finds throughout that MassHighway has diligently, professionally and responsibly, within the budget constraints that any state agency must operate, discharged its duties not only safely to operate the highways within its jurisdiction on behalf of the people of the commonwealth, but also responsibly to adhere to the best of its ability to the environmental regulations required by state and federal law," Young said.

MassHighway Commissioner Luisa Paiewonsky said she is pleased with Young's decision.

She said the ruling was mostly "complementary" of the department's work.

Of the nine complaints, Young ruled in MassHighway's favor in five instances. In the four complaints he ruled against the state department, the judge acknowledged plans were under way, she said.

"In essence, the ruling requires MassHighway to change its plan significantly," Liebman said.

The decision stems from a lawsuit filed by environmentalists accusing MassHighway of not properly implementing a provision of the federal Clean Water Act.

After a six-day trial, Young ordered MassHighway to develop a two-year schedule for adopting a new, revised stormwater pollution cleanup plan.

The department must draw up its reworked plan by Dec. 31, 2009, according to the judge's decision.

Under federal law, MassHighway is required to control and clean up polluted water flowing off roadways and into lakes and streams.

Conservation Law Foundation spokesman Colin Durrant said stormwater pollution is one of primary sources of water pollution for rivers, lakes and streams in the state.

Paiewonsky said the specific remedial actions were left up to MassHighway, showing "confidence" in its environmental workers.

"The areas where he told us to take steps, we have been in the works for some time, so he basically told us to keep doing what we're doing," she said.