On May 17, 2024, the U.S. Court for the District of Massachusetts entered a Consent Decree (CD) which the United States and Commonwealth of Massachusetts had entered into with the City of Lowell, Massachusetts to address alleged ongoing violations of its federal and state wastewater discharge permits. Lowell?s wastewater collection system includes combined wastewater-stormwater sewers. As a result, untreated sewage discharges to the Merrimack River, a drinking water source for downstream communities, during wet weather through combined sewer overflow (CSO) outfalls. The CD requires the City of Lowell to undertake further wastewater-stormwater separation work that will eliminate or reduce CSOs. The CD also requires Lowell to comply with its stormwater permit including updating and implementing a program to detect and eliminate illicit discharges to the stormwater collection system. The projects required by the CD are estimated to cost up to $160 million and will directly benefit environmental justice neighborhoods in Lowell, in addition to the downstream municipalities. Lowell will also pay a $200,000 penalty for past violations pursuant to the CD. The Commonwealth of Massachusetts is a co-plaintiff in this matter and worked closely with EPA and the City in negotiating the CD.
On February 5, 2024, the US Department of Justice lodged a Consent Decree (Decree) in federal District Court that calls for the City of Lowell, Massachusetts to undertake wastewater-stormwate