Great Barrington — In a letter to the state’s Department of Environmental Protection, Housatonic Water Works Treasurer James Mercer wrote that the company is anticipating delays in the construction of a long-planned manganese treatment plant.
The letter was submitted to MassDEP official Douglas Paine on September 12.
Back in July, the company agreed to a consent order with MassDEP that outlined terms and conditions for the company’s operations.
The order requires HWW to submit a monthly status report with details of the progress made in the construction of the manganese treatment plant, including a summary of equipment order status, construction activities completed, and planned activities for the next month, along with the status of all items identified in the overall construction schedule.
Back in October 2024, MassDEP issued a Unilateral Administrative Order requiring HWW to submit a WS-25 permit application which includes its plans for the design of a manganese treatment system, and for a Corrective Action Plan that includes a schedule for the construction and activation for a manganese treatment plant.
The company submitted its Corrective Action Plan on November 27, 2024, and subsequently submitted its WS-25 permit application for the design of a manganese treatment system on December 11, 2024.
According to MassDEP, the company violated its Unilateral Administrative Order by not submitting the plan and its permit application within 30 days of the issuance of its order.
The company was also cited by MassDEP for not starting site work at the location of the treatment plant building within 90 days of the WS-25 permit application, which was conditionally approved on December 13, 2024.
After the company entered into the consent order with MassDEP in July, on August 7, Great Barrington’s Board of Health voted to drop previously filed litigation against the company, while the town’s Selectboard voted to drop further litigation on August 11.
On August 18, West Stockbridge’s Selectboard voted to drop its litigation.
In his September 12 letter, Mercer wrote that while “it is our understanding that both towns plan to withdraw their litigation; however, the withdrawal has not taken place.”
“…delays related to financing will most likely affect the construction schedule,” Mercer wrote. “We will submit the DPU (Department of Public Utilities) financing petition once the litigation is resolved. And the next step is we need to get approval from DPU for the traditional financing component. DPU review generally takes about 90 to 120 days.”
Mercer wrote that “The company is frustrated that this procedural maneuvering by the towns has delayed progress on a project that directly benefits our customers.”
“We’re using the $350,000 in DEP funds to complete site work and equipment procurement, positioning us to begin immediately upon DPU approval and close on the financing package,” Mercer wrote. “Construction began on March 13, and ongoing site work including new connections to existing mains and utilities is progressing (invoices submitted to MassDEP for reimbursement detail the construction activities); – A substantial down payment on the greensand filtration system due to its lengthy lead time (equipment is in the delivery queue); – Pouring footings and the concrete pad for the equipment building so installation can start without delay – even in winter – once funds are available.”
Mercer wrote that the milestone dates previously agreed to by the company would shift, and that “substantial completion previously targeted for March 2026 may shift to May 2026”.
“Commissioning and startup are still expected to occur prior to the onset of seasonal manganese conditions,” he wrote. “We are coordinating with our lender(s), engineers, and contractor to minimize schedule impacts and maintain readiness to proceed to closing once the DPU review process is completed and continue with the project as soon as funds are available.”
