Great Barrington — Long-troubled company Housatonic Water Works agreed to a consent order issued by the state’s Department of Environmental Protection (MassDEP) outlining certain terms and conditions of how the company must proceed to conduct business.
A copy of the consent order signed by company Treasurer James Mercer and MassDEP Regional Director Michael Gorski on July 14 has been obtained by The Berkshire Edge.
The consent order states that the company has been fined $12,360 for various violations; however, MassDEP has suspended the fine as long as HWW does not violate any of the terms outlined in the consent order.
According to the consent order, on October 8 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.
The company’s latest fine of $12,360 now means that HWW has been fined a total of $46,565 since 2016 (see previous article published in December listing details of all of the company’s previous fines).
Consent order outlines terms and conditions for company’s operations going forward
According to the consent order, both MassDEP and HWW agreed to the order:
… because they agree that it is in their own interests, and in the public interest, to proceed promptly with the actions called for herin [sic] rather than to expend additional time and resources litigating the matters set forth above. [HWW] enters into this consent order without admitting or denying the facts or allegations set forth herin. However, [HWW] agrees not to contest such facts and allegations for purposes or issuance or enforcement of this Consent Order.
The consent order outlines specific actions the company must take in its operations:
- HWW will now have to submit monthly status reports to MassDEP by no later than the 15th of each month. The report will contain a log of all water-discoloration complaints received from customers. In relation to the planned manganese treatment plant, the report will also provide 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. The reports will be ongoing until the construction of the treatment plant is complete.
- Once completed, the manganese treatment system must consistently meet the manufacturer’s warranted treatment level of 0.030 mg/L (milligrams per liter) of manganese with a stated treatment goal of 0.015 mg/L.
- Through the consent agreement, MassDEP mandates that HWW install a water blow-off valve at the end of Wright Lane by August 15, provided that the owners of the private way provide access. The water blow-off valve will not be required by MassDEP if permission is not granted by the landowners.
- Also by August 15, HWW must identify any sections of the company’s water distribution network that lack flushing capabilities.
- MassDEP mandates that HWW offers to install a water-filter or treatment system at the Housatonic Community House or at another municipal plant, subject to Great Barrington’s acceptance of the offer. If the offer is accepted by the town, HWW will provide and maintain the system at no cost to customers who are experiencing discolored water until the manganese treatment plant is complete and operational.
- The consent order also mandates water sampling at a frequency and locations as directed by MassDEP with all test results posted on HWW’s website, along with a log of all water-discoloration complaints that will be provided to Great Barrington’s Board of Health and MassDEP on a weekly basis.
The consent order mandates a schedule for the construction of the manganese treatment plant:
- Construction of the plant building must start by July 31;
- The plant’s building structure must be completed by December 1;
- HWW will accept physical delivery of all manganese treatment process components by January 1, 2026, and component installation must be completed by February 1, 2026; and
- HWW must complete the construction of the internal components of the plant, including walls, lighting, and electrical systems, by January 15, 2026.
Through the consent order, MassDEP mandates that the manganese treatment plant must be operational by March 1, 2026.
HWW previously gave notice in late January to the Department of Public Utilities that the treatment plant project was delayed because of financial constraints due to the Great Barrington Board of Health’s Order to Correct, issued against the company on August 22, 2024.
The issue of HWW’s potential financial constraints is noted towards the end of the consent order. The order states that MassDEP would consider a request by HWW for an extension of deadlines “in the event that ongoing litigation is the sole reason that HWW is unable to obtain financing necessary to meet the deadlines.”
The consent order states:
[HWW] acknowledges that lack of financing does not relieve its obligation to comply with all applicable statutory, regulatory, and permit obligations. [HWW] agrees that any penalties assessed under this consent order will not be passed along to, or in any way covered by, its ratepayers.
Click here for a copy of the consent order.
Update July 30, 6:20 p.m.: A few hours after this article was published on The Berkshire Edge, the town of Great Barrington issued a press release that included quotes from Board of Health Chair Michael Lanoue, and Selectboard Chair Steve Bannon.
In the press release, Lanoue is quoted: “This is an important step towards greater transparency on the part of HWWC, which means water customers can have better, more accurate information about their water on a regular basis and it also holds the HWWC to certain timelines to build the filtration plant. HWWC has consented to pay any fines or penalties imposed by MassDEP in accordance with the ACO, and HWWC has consented not to pass the costs of any penalties along to its ratepayers.”
Bannon is quoted: “Having mandatory timelines, reporting, and water access is an important signal that MassDEP is serious about supporting Housatonic residents and water customers.”
The Board of Health is encouraging residents to report brown or discolored water both to HWW and to the Health Department via email.
