Mayor 'Outraged' By U.S. Suing Quincy, Considers Countersuit

QUINCY, MA — The United States has filed a lawsuit against Quincy, accusing the city of dumping sewage and untreated wastewater into Boston Harbor, Dorchester Bay, Quincy Bay, and other bodies of water through the city's sewer and drainage system.

According to the U.S. Attorney's office, water quality samples from 2009 through 2018 showed E. coli, Enterococcus, and other pollutants at Quincy beaches and other tidal areas. The lawsuit also alleges the water quality samples taken from Quincy Bay, Sagamore Creek, Town Brook, Town River Bay and Furnace Brook from 2009 through 2013 tested positive for ammonia, surfactants and pharmaceutical compounds, all pollutants which are found in waste. Quincy’s sanitary sewer system overflowed several times, resulting in the dumping of sewage and untreated wastewater, the U.S. Attorney's office said.

In a press conference Friday afternoon, Quincy Mayor Thomas Koch said he's "outraged" by the federal government's decision to file a lawsuit, rather than continuing to work with the city. According to Koch, the city has worked with the EPA for over a year and has spent tens of millions of dollars improving the city's environmental impact over the last decade.

"Quite frankly, we’ve been proactive on this issue,” Koch said. “I do not believe the EPA is being reasonable. I think it’s a federal government overreach.”

One of the projects improved over the last few years Koch sited include cleanup efforts at Wollaston Beach. He also said the lawsuit referenced a sewer line in the Squantum neighborhood contaminating Quincy Bay, but said that particular line was fixed more than a year ago.

U.S. Rep. Stephen Lynch urged that the federal government reconsider.

"Let's sit down. Let's suspend this lawsuit and figure it out," Lynch said. "Let’s sit down and work together. We can figure a way forward.”

The EPA's Clean Water Act authorizes daily penalties of $37,500 for each violation that occurred on or before Nov. 2, 2015, and $54,833 for each violation occurring after Nov. 2, 2015. The complaint requests those fines be paid and that the court prevent Quincy from future violations of the Clean Water Act.

“The Clean Water Act is designed to protect the waters of the United States for the health and enjoyment of its citizens," said United States Attorney Andrew E. Lelling. "This complaint demonstrates our commitment to ensuring that our waters and beaches are protected from discharges such as raw sewage and seeks to require that the City of Quincy take the important and necessary steps to do so.”

But if Quincy were to consent to the complaint, Koch argued Quincy would be on the hook for tens of millions more dollars, despite doing what he said was the right thing from the beginning.

"We've been working to improve water quality every year," Koch said. "We've been doing the right thing for years."

Koch said the city cannot afford to layoff firefighters and other city employees and decided not to accept the federal government's consent decree, which asked for a specific amount of money each year. Koch said he is working with the city solicitor on a potential counter lawsuit.

According to City Engineer Paul Costello, the EPA's mandates do not consider other factors which cost time and money and affect how fast a problem can be addressed. He told Patch often when sewer lines need repairs, there needs to be coordinated efforts with the highway division and at times, the gas utility company.

EPA officials said the lawsuit was a "critical step" for cleaning up Boston Harbor and the other bodies of water surrounding the community.

“EPA is committed to ensuring the restoration of Boston Harbor and addressing sewage discharges in local communities continues in order to protect public health and clean water,” Deb Szaro, Acting Regional Administrator of EPA’s New England region said.