Berkshire County — Back on February 13, Massachusetts Department of Environmental Protection (MassDEP) representative Andrew Kelly wrote to Housatonic Water Works (HWW) Treasurer James Mercer that the long-troubled company must go forward with the installation of a manganese filtration system.
The installation of the system is part of a rate-increase plan approved by the Department of Public Utilities (DPU) in July. In a letter sent to the DPU on January 24, however, HWW gave notice that it had delayed the project because of the Great Barrington Board of Health’s Order to Correct, issued against the company on August 22, 2024.
In his February 13 letter to HWW, Kelly insisted that the company move forward with the project. Kelly wrote that, according to a schedule agreed on by MassDEP and HWW, the company should have ordered filtration equipment by February 15 to begin site work by March 13.
Mercer wrote a response to Kelly on February 18, which was obtained by The Berkshire Edge via the Freedom of Information Act. In his response, Mercer insisted that the company would not move forward with the project until the legal issues with Great Barrington and West Stockbridge were resolved:
We remain committed to completing the project by March 26, 2026, as indicated in the timeline included in our Corrective Action Plan, which was submitted with our permit application.
However, circumstances beyond our control, specifically legal actions initiated by the towns of Great Barrington and West Stockbridge, have created an obstacle to finalizing our funding for this project.
These actions include:
1. Lawsuits filed by Great Barrington and West Stockbridge to set aside the Massachusetts Department of Public Utilities-approved rate increase.
2. An appeal by the Great Barrington Board of Health of a Superior Court decision, which prohibits the town from imposing additional regulatory requirements such as mandating bottled water distribution, additional testing, and potential fines.
These legal challenges have caused significant uncertainty occasioning delays in finalizing our funding and ordering the Manganese filtration equipment. Once these matters are resolved, we will be able to submit our financing plan to the Department of Public Utilities, which is also required so that we can move forward to complete this project.
Mercer added, “Despite these challenges, we remain committed to meeting the March 1, 2026 deadline for completing the startup and testing of the new plant and will comply with the department’s monthly progress report requirement.”
The company’s first monthly progress report is due to MassDEP by Saturday, March 15.
Read previous coverage from The Berkshire Edge regarding Housatonic Water Works:
February 25: “Housatonic Water Works pleads for financial help from the state.”
February 17: “MassDEP: Housatonic Water Works must install manganese filtration system.”
February 15: “Great Barrington joins Stockbridge’s DPU complaint against Housatonic Water Works.”
February 13: “State Rep. Davis requesting meeting with DPU about Housatonic Water Works lack of compliance with state-mandated projects.”
