Legislators, Environmental Experts from MA and NH Discuss Solutions to CSO Events Impacting the Merrimack River

(LOWELL — 10/04/2024) On Monday, September 30th, State Senator Ed Kennedy (D-Lowell) and Senate Minority Leader Bruce Tarr (R-Gloucester) reconvened for the second time recently to discuss Combined Sewer Overflows (CSOs) in the Merrimack River. In attendance were legislators and officials from Massachusetts and New Hampshire, as well as representatives of the federal legislative delegations from both states, and environmental experts. The discussion focused on topics that included technological advances for detecting bacteria and the potential for federal funding to eliminate CSOs in the Merrimack River.

CSO events are caused by heavy rainfall that exceeds the capacity of combined sewer systems, which are common in older municipalities such as the mill cities along the Merrimack River in New Hampshire and Massachusetts. Normally, combined sewer systems transport raw sewage and rainwater to a sewage treatment plant. However, during heavy rainfall, the amount of runoff exceeds the system’s capacity and untreated sewage flows into the Merrimack River. The untreated sewage often contains unsafely high levels of bacteria. This is consequential as the Merrimack River provides drinking water for more than 700,000 people and provides recreational uses.

State Senator Ed Kennedy noted that the Clean Water Act of 1972 was a positive turning point for the Merrimack River, as it funded the construction of five treatment plants along the river. However, new problems have arisen as rainfall events have become more commonplace in recent years.

“The Merrimack River is a lot cleaner than it used to be, due to the Clean Water Act of 1972. However, as the Merrimack Valley experiences heavier rain, the sewer systems are overwhelmed and the overflow contaminates the river with raw sewage for short periods of time,” said Senator Kennedy. “Ultimately, our goal is to secure federal funding to correct the situation in both states. We know the solution will be expensive and will take many years. But we first have to evaluate the scope of the problem in order to determine how much funding and time will be needed to correct this issue. The Army Corps of Engineers is probably best suited to determine the scope of the problem and the smartest, most efficient solution.”

“Having been working to improve the water quality of the Merrimack River for the past several years, I welcome the partnership of Senator Kennedy and other members of the legislative delegation to intensify the effort. Dealing effectively with CSOs and other threats to the health of the river is complex and costly, and I am enthusiastic about our progress to expand our coalition not only in Massachusetts, but also across the border in New Hampshire. Working together, we can meet the significant challenges facing the river,” said Tarr.

Liam Horseman, representing Massachusetts Senator Edward J. Markey, mentioned $30 million of federal funds available through the Water Resource Development Act of 2024 for a U.S. Army Corps of Engineers Civil Works project to test and improve Lowell’s water infrastructure. The delegation discussed the process of being able to utilize those funds and potentially expand the scope of the project to multiple communities along the Merrimack River.

“I am committed to working closely with our federal, state, and local partners to tackle combined sewer overflows in the Merrimack Valley and across Massachusetts,” said Senator Markey. “We must ensure the long-term health of our state’s rivers and the people that live, work, and recreate along their banks. Our communities need support as they tackle the simultaneous issues of climate instability, outdated infrastructure, and tightening revenues. As we work to identify and secure funding for these projects, I am proud that the Water Resources Development Act of 2024 provides a key step forward for water infrastructure in Lowell.”

New Hampshire State Senator Keith Murphy, who represents Manchester, suggested the creation of an interstate commission to further advance legislative collaboration across state lines.

“Better coordination is needed with our partners to the south, including the communities that abut the Merrimack and the Commonwealth of Massachusetts,” said Senator Murphy. “I look forward to working alongside Senators Kennedy and Tarr and look forward to submitting legislation to the New Hampshire Legislature to foster this coordination and protect the water resources we all share. A healthy Merrimack River benefits the entire region.”

Future legislation would follow on past success and currently pending items, including earmarks of $100,000 expended to the Merrimack River Watershed Council for a regional approach to reducing combined sewer overflows in the Merrimack River, secured by Tarr in both the FY’24 and FY’25 budgets, and also pending legislation with bipartisan and bicameral support to formalize the structure of the “Merrimack River Collaborative” (see S.586 and H.905).

Environmental research and advocacy groups, the Merrimack River Watershed Council (MRWC) and the Merrimack Valley Planning Commission, discussed the use of technology to monitor bacteria levels in the Merrimack River. Executive Director of the MRWC, Curt Rogers and Director of Policy & Education Programs, John Macone spoke about how bacteria-monitoring technology has been beneficial to understanding the impact of CSOs, but further funding and research is needed to develop a more complete picture.

“The Merrimack River Watershed Council is proud to lead a collaboration between the cities of Lowell and Newburyport to operate a cloud-based fully automated bacteria sensor in Newburyport Harbor. The sensor helps track the volume and flow of bacteria after CSOs and allows MRWC to give accurate real-time information to the public about whether or not it is safe to interact with the river. This is a state-of-the-art piece of technology, similar to that used in the Seine River during the Olympics and it is the only one of its kind currently deployed in New England,” said Rogers. “We greatly appreciate the support of our state and federal legislators in our efforts to clean up the Merrimack, especially the leadership of State Senators Kennedy and Tarr – with their help, we hope to expand our fleet of sensors throughout the river.”

Monday’s meeting will be followed by a third convening to discuss ongoing action items and to involve more stakeholders in the conversation.