On April 5, 2024, following successful three-way negotiations among the U.S., the Conservation Law Foundation (CLF), and the New Hampshire Fish & Game Department (NH F&G Dept.), the court has entered a consent decree modification that requires the NH F&G Dept. to comply with a numeric National Pollutant Discharge Elimination System (NPDES) permit limit for phosphorus at its Powder Mill Fish Hatchery, located at the headwaters of the Merrymeeting River in New Durham, New Hampshire. To achieve compliance, the Modified Consent Decree requires the Hatchery to implement best management practices and either modify facility operations, principally through a reduction of biomass, or cease the discharge, by December 31, 2025. Based on EPA's authority under Clean Water Act Sections 309 and 504, the NH F&G Dept. is also required to conduct a water quality assessment in the downstream waters and study the options for remediating the harmful effects of legacy phosphorus pollution caused by the Hatchery over the years. EPA, CLF and the NH F&G Dept. will then enter into further discussions on the implementation of any necessary remediation.
11/17/22 Following successful three-way negotiations among the U.S., the Conservation Law Foundation (CLF), and the New Hampshire Fish & Game Department (NH F&G Dept.), the parties have lodged a consent decree that requires the NH F&G Dept. to upgrade its Powder Mill Fish Hatchery in New Duram, New Hampshire to meet NPDES permit phosphorus limits