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HWW: Great Barrington Joins Stockbridge's Motion for Enforcement

By Carole Owens and Patrick White

On February 5, Stockbridge filed for a response and motion for enforcement of the Housatonic Water Works (HWW) settlement agreement. On February 13, the Department of Environmental Protection (DEP) issued an compliance letter giving HWW until February 15 to order the manganese filtration system.

Summary and Background

Last summer, the Massachusetts Attorney General negotiated a phased settlement agreement between HWW and the Towns of Great Barrington, West Stockbridge, and Stockbridge. Phase I of the settlement provided for an 18% rate increase to stabilize the company. Phase II, which was envisioned for 2025, mandated the installation of the green sand filtration system to remove manganese from the Long Pond water source. Manganese causes discoloration and is linked to a host of health issues, including neurological impacts on developing brains. On January 24, HWW disclosed to the DPU it had no intention of meeting the Phase II deadline and had made no progress to date.

On February 5, Stockbridge filed a Motion for Enforcement.

Great Barrington joined that motion on February 13.

The DPU has set a deadline of HWW until March 3 to respond for a March 6 hearing.

Stockbridge's Motion for Enforcement included the following five points:

1. Open an investigation into the Company's compliance with the Settlement Agreement and Order;

2. Issue Information Requests exploring the Company's compliance with the Settlement Agreement and Order;

3. Open a period of discovery for the Intervenor Towns to issue Information Requests exploring the Company's compliance with the Settlement Agreement and Order;

4. Order the Company to supplement its Notice and to Show Cause for why it has not violated the Settlement Agreement and Order; and

5. Order the Company's Phase 1 rate increase suspended unless and until the Company complies with the Settlement Agreement and Order.

Patrick White, Stockbridge Select Board member and intervenor in this case, observed, "The company can't have it both ways. They are not entitled to the increase if they do not fulfill their commitment to the ratepayers."

The subsequent DEP compliance letter is significant because it enforces the agreed-upon implementation schedule by requiring HWW begin procurement of the manganese filtration system by the last week in February. A public records request has been issued to ascertain HWW's response to this order.