1. Stormwater runoff is water from rain and melting snow that flows across parking lots, roadways, commercial and industrial sites, etc. into the rivers directly or from drains and pipes in the streets. That water picks up harmful materials with it and carries these pollutants to the rivers.
2. Industrial process wastewater is water that is dumped by industry into the rivers. That water may contain harmful materials and/or change the temperature of the rivers. (Everett examples: Exxon Mobile Oil Terminal, Mystic Power Station, and Distrigas of Massachusetts)
3. Sanitary sewer overflows (SSO) are releases of raw sewage into rivers. The sewage comes from sewer systems of cities or towns that are not working correctly. The sewage releases bacteria and extra nutrients into the water that are harmful.
4. Combined sewer overflows (CSO) ¾¾are mixtures of sewage, stormwater runoff, and water from industrial facilities that release into rivers from pipes when it rains or snow melts because the sewer systems become overwhelmed with too much water.
5. Legacy contamination refers to the toxics in the river that come from old sites where there were dangerous materials. (Everett examples: GE site behind Seven Acre Park, an old coal tar processing facility on Commercial Street, and an old coal gas facility on Market and Behen Street)
The Law: Clean Water Act of 1972
1. The Clean Water Act is an almost 38-year-old federal law which has the goal to make all waters safe for fishing and swimming.
2. The Mystic River, unlike the Charles River, still is not fishable or swimmable.
3. The Clean Water Act requires a permit from the Environmental Protection Agency (EPA) to dump certain materials into a river.
4. Permits are required for most of the sources mentioned above, such as construction sites larger than one acre, sewer systems, industrial plants, and certain commercial properties.
5. If these policies are not followed correctly, the government and citizens have the right to sue.
6. The owner can be required to take the steps necessary to protect the water and pay money as a penalty.
7. Money paid as a result of a lawsuit can be used to benefit the community, for example, through river restoration projects that make it easier for the people to get to the water.
Legal Enforcement of Stormwater Runoff from Industrial Properties
1. Legal Enforcement of Stormwater Runoff from Industrial Properties
2. The Mystic River received only a C- water quality grade from the EPA.
3. Today, stormwater runoff is a major cause of that poor water quality.
4. Industrial facilities are required to cover harmful materials, control spills, keep the facility clean and do regular inspections, so that harmful materials do not get washed into the rivers with the stormwater.
5. Unfortunately, only few companies in Everett in the entire Lower Mystic bother to follow these permitting rules. One of the few companies following the rules is Signature Breads, a minority and employee-owned bakery in Chelsea.
6. The EPA could sue the companies that do not have a permit directly, but they have not started any enforcement in this area. They have limited resources.
7. Citizens can sue in situations if they have been harmed by the pollution. In order to sue, citizens must have a direct personal connection to the river. (Example: Someone who lives in a city near the river and would like to swim in it, but cannot because of the pollution).
Citizen Suit Process
1. Citizens, normally with the help of a lawyer, send a letter to the polluter and the environmental protection agencies, telling them that they are planning to sue.
2. After receiving this notice, the polluter has 60 days to respond before a lawsuit can begin.
3. If the polluter does not respond and act sufficiently within 60 days, the citizens can file a lawsuit against the polluter.
4. The Conservation Law Foundation, with the help of residents who live or work near the Mystic, are now taking these steps to enforce the Clean Water Act.