City solicitor seeks outside counsel for combined sewer overflow permitting and long-term control plan work

The finance committee recommended approval of a request from the City Solicitor to retain outside counsel, Veral Dana LLP, to advise the city on combined sewer overflow (CSO) control matters, including review of the reissued discharge permit for the Deer Island Treatment Plant and the city—s Long-Term Control Plan update.

City attorney Kathy Salkert introduced the item and Director Raish of Infrastructure and Asset Management explained the technical and legal context. Raish said the U.S. Environmental Protection Agency and the Massachusetts Department of Environmental Protection are reissuing the Deer Island discharge permit and that member communities will be named co-permittees. "Communities that have combined sewers — Boston, Cambridge, Chelsea and Somerville — are named special co-permittees because of our CSO status," Raish said.

Raish told the committee the city will likely face a set of required infrastructure upgrades to reduce or eliminate combined sewer overflows and that engineering staff are preparing the technical response while outside counsel will help review legal obligations and protect the city in the administrative process. He said Cambridge, Boston and the MWRA have retained outside counsel and Somerville is following suit.

Councilors raised the ongoing public interest in specific locations (for example, Brookway Park) and Raish confirmed those concerns are part of the technical review and that Veral Dana LLP will be engaged to help on the legal side. The committee laid the item on the table to recommend approval.