RICHARD STEARNS, District Judge
This is the two hundred and third Compliance Order that has issued in this litigation. On March 15, 2007, the Massachusetts Water Resources Authority (MWRA) filed its Quarterly Compliance and Progress Report (Quarterly Report). Both the United States and the Conservation Law Foundation (CLF) have chosen not to file responses. I accept the MWRA's Quarterly Report and make the following findings.
I. Schedule Seven
A status report on activities for the previous quarter was certified by Frederick A. Laskey, Executive Director of the MWRA, on March 15, 2007.
A. Activities Completed
1. Morrissey Boulevard Storm Drain
On December 26, 2006, the Boston Water and Sewer Commission (BWSC) issued a Notice to Proceed with respect to the first of the two contracts for construction of this storm drain project. The first contract involves the building of a chamber to divert a portion of the stormwater from the MWRA's North Dorchester Bay combined sewer overflow (CSO) storage tunnel to Savin Hill Cove during storms greater than the one-year design storm. The diversion will permit a 25-year level of CSO control and the attainment of a five-year level of stormwater control along the beaches of South Boston. Subject to receipt of the necessary permits, the BWSC expects to issue the Notice to Proceed for the second contract in July of 2007, in compliance with Schedule Seven.
B. Progress Report
1. Combined Sewer Overflow Program
(a) BOS 019 Storage Conduit
The MWRA reports that the storage facility will begin operation imminently, once dry and wet testing of the facility is complete. The completed storage conduit will provide 670,000 gallons of overflow storage capacity.
(b) Union Park Detention and Treatment Facility
After several delays, construction of the facility is now 98-percent complete. The MWRA reports that as of December 31, 2006, it had begun utilizing the detention basins and fine screens. The MWRA also made use of the storage tanks on four occasions. All overflow was captured on two of these occasions, while the 1.5 million gallon storage capacity significantly reduced CSO discharges into Fort Point Channel during the other two overflow events.
On February 28, 2007, the MWRA and the United States submitted a joint report addressing the National Pollutant Discharge Elimination System (NPDES) permit authorizing discharges from the Union Park CSO outfall MWR215. As noted in the last compliance order, the MWRA was reluctant to perform testing of the Union Park facility's disinfection and dechlorination systems without a permit out of concern over possible violations of the Clean Water Act. The joint report indicates that the Environmental Protection Agency (EPA) and the Massachusetts Department of Environmental Protection (DEP) have issued for public comment a proposal that the BWSC's existing permit for the discharge of CSOs into Fort Point Channel be modified to authorize similar discharges by the MWRA.
The MWRA has begun testing of the chlorination system, but the testing has not yet included the discharge of any flow. In order to meet the goal of substantial completion of the facility by April 30, 2007, the MWRA and the United States jointly request the court to approve the discharge of flow from the Union Park facility prior to the effective date of the pending NPDES permit.
(c) Cambridge Sewer Separation
On March 12, 2007, the Administrative Magistrate for the Division of Administrative Law Appeals issued a recommended final decision granting DEP and the City of Cambridge Department of Public Works a directed decision regarding the much-litigated wetlands permit appeal. The MWRA reports that the decision has been transmitted to the Acting Commissioner of DEP for a final decision, including the issuance of a final order of conditions. The Commissioner's ultimate decision is subject to the petitioners' right to seek reconsideration and may be further appealed to the Massachusetts Superior Court.
(d) BOS072-073
BWSC expects to complete construction of this project by March 31, 2007, in compliance with Schedule Seven. The new storm drains and the relocation of the storm runoff connections are expected to eliminate CSO discharges at outfalls BOS072 and BOS073 during a typical storm year.
(e) Prison Point Facility Optimization Study
A year-long study by the MWRA of optimal measures to minimize treated discharges from the Prison Point CSO complex into the Inner Harbor has been completed and implementation of the study's recommendations has begun.
(f) Annual CSO Progress Report
The MWRA has submitted with the compliance report a copy of the Annual CSO Progress Report summarizing progress and identifying issues that may affect future compliance with Schedule Seven.
2. Residuals
The MWRA reports that the New England Fertilizer Company (NEFCO), the private operator of the pelletizing plant in Quincy, has entered into an agreement with the Lehigh Cement Company to experiment with the use of sludge pellets as a renewable fuel. The pellets will be used as a partial substitute for coal in the company's Maryland cement kiln operation. The MWRA reports that while it does not directly benefit from this agreement, there are several indirect benefits accruing to the MWRA. Among them is the prospect of the potential for a year-round demand for the pellets that will provide another option for long-term disposal.
II. Conclusion
Satisfactory progress is being made on almost all scheduled projects. Of special significance is the recommended decision by the Administrative Magistrate regarding the wetlands permit in Cambridge, which has been among the most intractable of the obstacles to progress on the cleanup of the Charles River. The court is encouraged to see that progress is at last being made after a delay of inordinate duration.
The court will APPROVE the joint request of the MWRA and the EPA that the MWRA be permitted to proceed with full testing of the chlorination and dechlorination systems at the Union Park facility notwithstanding the lack of a current NPDES permit. The court understands that the full testing program is necessary if the MWRA is to achieve substantial completion of the facility by April 30, 2007.
ORDER
The parties are ordered to report to the court as previously scheduled.
SO ORDERED.