City of Holyoke, Massachusetts Settlement Information Sheet

(WASHINGTON - March 22, 2023) – EPA, The Justice Department, and The Commonwealth of Massachusetts have entered into a consent decree with the City of Holyoke, Massachusetts, to resolve the Clean Water Act and Massachusetts state law. The proposed consent decree calls for Holyoke to take further remedial action to reduce ongoing sewage discharges into the Connecticut River from the city’s sewer collection and stormwater systems.

• Overview
• Violations
• Injunctive Relief
• Pollutant Impacts
• Health Effects and Environmental Benefits
• Civil Penalty
• Comment Period
• Contact

Overview of Company

The Holyoke wastewater pollution control facility (WPCF) serves a population of approximately 37,000.  Holyoke owns and operates a sewer collection system that services approximately 70% of the City, two-thirds of which carries both sewage and stormwater. The City is located directly on the banks of the Connecticut River.

Compliance with this Consent Decree, and ultimately the Clean Water Act, will benefit a community that is already economically disadvantaged by ensuring that its residents who live along the Connecticut River have clean and safe water.

Violations

The CD addresses alleged violations of Section 301(a) of the CWA, 33 U.S.C. § 1311(a), against Holyoke for illegal combined sewer overflow (“CSO”) discharges.  Most of the time, the combined system transports all wastewater to the facility for treatment. However, during periods of heavy rain the wastewater volume can exceed the capacity of the sewer system or the treatment facility and the excess wastewater will discharge to the Connecticut River without treatment. The Consent Decree resolves Clean Water Act (CWA) noncompliance by the City of Holyoke, Massachusetts, specifically with respect to the City’s discharges from the combined sewer outfalls in its sewer collection system.

Injunctive Relief

In addition to incorporating the City’s CSO Long Term Control Plan and schedule into an enforceable Consent Decree, and requiring MS4 compliance, this phase of CSO work requires the City to separate CSO area No. 21 (“River Terrace”) at a cost of over 16 million dollars thereby removing an average of 58 million gallons per year of CSO flow. The Decree also requires the City to update and submit an MS4 illicit discharge detection and elimination (IDDE) plan to incorporate up-to-date stormwater sampling criteria. The City must also finish sampling all of its stormwater outfalls in dry and wet weather and incorporate best management practices into its stormwater pollution prevention plan to reduce nitrogen discharges from stormwater entering the Connecticut River.

Pollutant Impacts

During periods of heavy rain, the wastewater volume can exceed the capacity of the sewer- system or the treatment facility and the excess wastewater will discharge to the Connecticut River without treatment. CSO discharges contain raw sewage and are a major water pollution concern.    

The impact of the work done pursuant to the CD will reduce and ultimately eliminate the discharge of pollutants for the collection and sewer system into the Connecticut River. The amount of nitrogen discharges into the Connecticut River will also be significantly reduced, resulting in improved water quality for all residents along the River.

Health Effects and Environmental Benefits 

Sewer separation will result in an average reduction of 17 million gallons per year of combined sewage overflow to the Connecticut River, reduction of nitrogen discharge as well as the removal of 58 million gallons of combined sewage from outfalls within the City.

Civil Penalty

The Consent Decree requires payment of a $50,000 civil penalty for past noncompliance, an amount consistent with EPA’s penalty policy. The penalty will be shared with our co-plaintiff’s, the Commonwealth of Massachusetts.

Comment Period

The proposed settlement, lodged on March 22, 2023, in the U.S. District Court for the District of Massachusetts, is subject to a minimum 30-day public comment period and final court approval. Information on submitting comments is available at the Department of Justice website.

Contact Information

Dave Deegan
US EPA, New England Region
Office of Public Affairs
O: (617) 918-1017
M: (617) 594-7068
deegan.dave@epa.gov