BOSTON (Legal Newsline) – A nonprofit environmental advocacy organization alleges a storm sewer system in Massachusetts is discharging storm water without authorization.
Conservation Law Foundation Inc. filed a complaint on June 19 in the U.S. District Court for the District of Massachusetts against Massachusetts Development Finance Agency, et al. citing the Clean Water Act.
According to the complaint, the plaintiff alleges that the municipal separate storm sewer system owned by the Massachusetts Development Finance Agency has programmatic deficiencies. It alleges the defendants have failed to obtain coverage under general or individual National Pollutant Discharge Elimination System permit programs for the storm sewer system in Devens, Massachusetts.
The plaintiff holds Massachusetts Development Finance Agency, et al. responsible because the defendants allegedly have discharged and continue to discharge storm water without authorization.
The plaintiff requests a trial by jury and seeks judgment and an order for the defendants to take appropriate actions to restore the quality waters harmed by the discharges, award of costs, and any such other and further relief as the court may deem appropriate. It is represented by Zachary K. Griefen of Conservation Law Foundation in Montpelier, Vermont.
U.S. District Court for the District of Massachusetts case number 1:18-cv-11279-NMG