The Housatonic Water Works (HWW), a long-beleaguered company, has officially entered a significant consent order with the Massachusetts Department of Environmental Protection (MassDEP), a critical development mandating a series of stringent terms and conditions for its future operations and aimed at rectifying persistent water quality issues. This landmark agreement imposes a substantial $12,360 fine on HWW for various regulatory violations, though this penalty remains suspended contingent upon the company’s full compliance with the outlined stipulations.
The core of this consent order underscores MassDEP’s commitment to ensuring public health and environmental standards. While the financial penalty is noteworthy, its suspension serves as a powerful incentive for HWW to diligently adhere to the corrective actions and operational changes mandated by the state, signaling a pivot towards proactive compliance rather than punitive measures alone, provided the company meets its obligations without further infractions.
A key driver behind this consent order was HWW’s failure to comply with a Unilateral Administrative Order issued by MassDEP on October 8. This previous order specifically required HWW to submit a WS-25 permit application detailing plans for a manganese treatment system design and a Corrective Action Plan with a construction and activation schedule. The company’s delay in submitting these critical documents within the mandated 30-day timeframe constituted a direct violation.
Beyond the permit application, HWW was also cited for not commencing site work for the treatment plant building within 90 days of its WS-25 permit application being conditionally approved on December 13, 2024. This latest fine adds to a pattern of non-compliance, bringing HWW’s total accumulated fines since 2016 to $46,565, highlighting a history of regulatory challenges and the urgent need for systemic improvements in their environmental compliance practices.
The consent order explicitly outlines several crucial mandates designed to improve water quality and infrastructure. Foremost among these is the requirement for HWW to install a manganese treatment system capable of consistently meeting a warranted treatment level of 0.030 mg/L, with an ambitious goal of 0.015 mg/L. Additionally, MassDEP has mandated the installation of a water blow-off valve at the end of Wright Lane by August 15, contingent on property owner access, to address operational needs.
Further demonstrating a focus on public health and community impact, the order compels HWW to offer to install and maintain a water filter or treatment system at the Housatonic Community House or another municipal plant, at no cost to customers experiencing discolored water, until the new manganese treatment plant is fully operational. Coupled with this, HWW must implement frequent water sampling as directed by MassDEP, with all test results and a log of discoloration complaints publicly posted on their website and provided weekly to the Great Barrington Board of Health.
The order also acknowledges HWW’s previously cited financial constraints, noting that MassDEP would consider deadline extensions only if ongoing litigation is the sole impediment to financing the necessary upgrades. Crucially, HWW has agreed that any penalties incurred under this consent order will not be passed on to ratepayers, reinforcing the company’s direct accountability for its environmental compliance failures and financial management.
This significant regulatory action has been met with statements from key officials. MassDEP Deputy Commissioner Zack Lanoue emphasized the importance of this step towards “greater transparency” for water customers and the establishment of “mandatory timelines” for the filtration plant. Great Barrington Board of Health Chair Rebecca Bannon echoed this sentiment, calling the mandates “an important signal that MassDEP is serious about supporting Housatonic residents and water customers.” The Board of Health is also actively encouraging residents to report discolored water directly to both HWW and the Board.
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