By Adam Swift
As a result of a lawsuit filed by Conservation Law Foundation (CLF) and the Charles River Watershed Association (CRWA), the Environmental Protection Agency (EPA) published a draft permit to limit toxic stormwater pollution in three important rivers of Greater Boston.
The groups filed the lawsuit in 2022 after they stated that the EPA failed for years to issue permits to protect the Charles, Mystic, and Neponset rivers.
“After five years of petitions and a lawsuit against EPA, we’re pleased that these federal protections have come to fruition,” said Heather Govern, CLF’s Vice President of Clean Air and Water. “But EPA’s permit allows for an 11-year delay before these rivers will see any significant positive impact. As pollution and intense storms increase in the Boston area, the Charles, Mystic, and Neponset rivers can’t wait that long.”
Rain and snowmelt bring oil, grease, chemicals, and trash from large, paved surfaces into the three rivers. These and other pollutants from parking lots of big box stores, malls, and private universities lead to dirty and unsafe water, outbreaks of toxic algae blooms, and warnings and closures that prevent people from using the rivers, the CLF stated in a press release.
The permit issued by EPA will require such property owners to implement measures to reduce stormwater runoff, like street sweeping and waste collection or structural changes like basins, rain gardens, and gravel wetlands.
“For too long these large properties with expansive paved surfaces have been generating pollution and dumping it into our streets, stormwater pipes and rivers, making it the problem of local cities and towns which means ultimately, the taxpayer,” said Emily Norton, Executive Director of CRWA. “This is a major step to shifting responsibility where it belongs. We urge EPA, however, to dramatically speed up their proposed timeline for compliance so that the public can more quickly experience the benefits of a clean, swimmable Charles River.”
The EPA will hold virtual public meetings and take written comments from the public on the draft permit through January 2025. The agency will release its final permit after the comment period.
“We welcome the EPA’s recent federal action to address toxic stormwater pollution in the Charles, Mystic, and Neponset Rivers,” stated Chelsea City Manager Fidel Maltez. “While this important step comes after years of advocacy, it offers an opportunity to reduce stormwater runoff and improve the health of our rivers. By taking action now, we can ensure that residents in our community and surrounding areas benefit from cleaner waterways and a healthier environment for generations to come.”
In the EPA draft permit, it states that it has determined that runoff from certain commercial, industrial, and institutional sites that discharge through private separate storm sewer systems, or through a Municipal Separate Storm Sewer Systems into the Charles River, Mystic River, and/or the Neponset River Watersheds or directly into the rivers, their streams and/or tributaries in the state have contributed to violations of water quality standards and have designated those charges for NPDES (National Pollutant Discharge Elimination System) permitting.
The Clean Water Act prohibits anybody from discharging “pollutants” through a “point source” into a “water of the United States” unless they have an NPDES permit, according to the EPA website. The permit will contain limits on what you can discharge, monitoring and reporting requirements, and other provisions to ensure that the discharge does not hurt water quality or people’s health. In essence, the EPA states that the permit translates general requirements of the Clean Water Act into specific provisions tailored to the operations of each person discharging pollutants.