Dirty Runoff From Massachusetts Roads Violates Federal Law

The decision, by Judge William Young, stems from a lawsuit filed by environmentalists charging MassHighway was not properly implementing a provision of the federal Clean Water Act requiring them to control and clean up polluted water that flows off roadways into neighboring lakes and streams.

Stormwater running off Massachusetts roads now must be controlled for pollution. (Photo by Nicole Perle)

Rivers, streams and lakes throughout Massachusetts have serious water quality problems due to untreated stormwater from state roads and bridges, the groups alleged.

After a six day trial, Judge Young ordered MassHighway to commit to a two-year schedule for adopting a new, revised stormwater pollution cleanup plan. The Judge also said the agency must quickly move to address pollution hot spots in Lancaster and the Charles River watershed.

"The court's ruling is a landmark victory for every resident concerned about the impact this major source of water pollution has on their rivers, lakes and streams," said Chris Kilian, director of the Clean Water and Healthy Forests Program at the Conservation Law Foundation, one of three New England environmental groups that brought the lawsuit.

Polluted stormwater is a significant factor in the ongoing failure of Massachusetts's rivers and lakes to achieve basic water quality standards.

Rain water that falls during storms flows off roads picking up pollutants along the way - including oil and grease, toxic metals such as zinc, nickel, and lead, salt and other de-icing chemicals.

Unless steps are taken to control and treat the polluted stormwater, it flows directly from roads into rivers, streams and lakes, affecting the health of the entire ecosystem.

"MassHighway has long ignored their legal responsibility to protect the Commonweath's water resources for the health of all residents. The Court has asked them to live up to that responsibility," said Conservation Law Foundation Staff Attorney Cynthia Liebman who helped argue the case.

In 2006, the Conservation Law Foundation, the Charles River Watershed Association, and the Leominster Land Trust filed the federal lawsuit to improve water quality in the state's water bodies after the Environmental Protection Agency ruled for a second time in as many years that the MassHighway's stormwater cleanup plan was deficient and refused to issue the state agency a permit under the National Pollutant Discharge Elimination System.

In 2007, while the case was being prepared for trial, MassHighway re-submitted its plan and the EPA granted it tentative approval.

Copyright Environment News Service (ENS) 2008. All rights reserved.