Massachusetts
Sewage can overflow into Mass. waterways when it rains. Fixing the problem isn’t cheap
Like many days this past summer, it poured on Aug. 8. The rain came hard and fast across eastern Massachusetts that morning, dumping several inches within a relatively short period of time.
From the kitchen window of his home in Arlington, David Stoff watched as the water in the Alewife Brook began to flood parts of the Alewife Greenway, a popular dirt path that abuts his backyard.
“There was just a big pool of really milky, gray sewage water,” he said.
That’s right, there was raw sewage in the water.
Stoff lives downstream from two combined sewer overflows.
Combined sewer overflows — better known as CSOs — are relics from the mid-19th century, a time when cities built sewer infrastructure differently. In modern sewer systems, anything you flush down the toilet or pour down the sink flows through one set of pipes to a treatment facility like Deer Island. Stormwater runoff, meanwhile, drains into catch basins on the street flows through a different set of pipes and usually ends up in a nearby water body.
In a combined system, stormwater runoff and sewage flow through the same pipe to a treatment plant. Most of the time, this system works just fine. But during heavy or even moderate rainstorms, the pipes get overwhelmed. Instead of letting sewage back up into homes, the system is designed to overflow through specific pipes known as outfalls into rivers, streams or other waterways.
No one builds CSOs anymore and no one wants the ones that exist. But eliminating them is a complicated and expensive engineering challenge — a challenge that will only become more urgent as climate change continues to fuel the sort of sudden, heavy storms that trigger CSO overflows.
As the sun came out on that August day and joggers, dog-walkers and other commuters once again filled the Greenway, Stoff was horrified to see them unknowingly sloshing through big contaminated puddles.
He knew there was sewage in the water because he’s subscribed to an email notification system about CSO overflows in the Alewife Brook. But most people, he said, have never heard of a CSO, let alone know to sign up for alerts.
A video he took on his cell phone shows that some people tried unsuccessfully to navigate their way around the flooded path, while others — including a man pushing a stroller — plowed right through the water.
Stoff tried to warn people about the dirty water, but he couldn’t catch everyone going by. Eventually, he put up signs alerting people that there was sewage in the puddle.
That tactic worked, he said, and many people got off the Greenway and walked along the road instead.
Sewage overflows are a climate change problem
This past summer has been one of the wettest on record in Massachusetts. The heavy rains led to catastrophic flash flooding and, in many places, caused a whole lot of sewage to overflow into bodies of water.
Across the state, there are about 200 CSO outfalls in 18 cities and towns. Between April and September of this year, state data shows there were 1,943 overflow events. While some outfalls overflowed a handful of times, many discharged a dozen — if not several dozen — times. One outfall in the city of Fall River released sewage-laden water into the Taunton River 74 times.
While 2023 may have been a particularly soggy year, it’s likely we’ll have more like it in the future. Climate models show that as humans continue to warm the planet, the Northeast is likely to experience more frequent downpours.
For a more detailed look at specific outfalls, click here.
“Sewage pollution is a climate change problem,” said Katharine Lange, policy director at the Massachusetts Rivers Alliance. “As our precipitation trends grow more intense, as our rains become flashier, with that comes more sewage pollution because our water infrastructure was not built for [this].”
Sewage overflows are also public health and environmental justice problems.
CSO outfalls are predominantly concentrated in urban areas in Massachusetts, and many are in lower-income neighborhoods and in places where people don’t speak English fluently. When they discharge, they dump bacteria like E. coli, viruses and other pathogens into the water, which can cause gastrointestinal illness like vomiting and diarrhea for swimmers, boaters and anyone else who comes into contact with the water.
That means the system “is concentrating the health impacts on our most vulnerable residents,” said Patrick Herron, executive director of the Mystic River Watershed Association.
Tackling the stormwater problem
The federal government requires all cities and towns with CSOs to create long-term plans to reduce, and eventually eliminate, sewage overflows. Because the water in an overflow is predominately stormwater, in some communities, the first step to tackling the CSO problem is to reduce the amount of stormwater flowing into the sewer system.
Across the country, cities are experimenting with so-called “green stormwater infrastructure” to decrease stormwater runoff and therefore CSO overflows. These projects include things like rain gardens and restored wetlands, which not only slow down runoff, but help filter it. Permeable pavement is another popular green infrastructure solution, as is planting urban trees.
Stormwater contains a lot of gross and potentially dangerous stuff, too: dog feces, various chemicals and pesticides, oils that leak from vehicles and cigarette butts or other trash, said Emily Norton, president of the Charles River Watershed Association.
“So those who care about a healthy river and a healthy river ecology should care about reducing polluted stormwater runoff and reducing sewage discharges.”
But while green infrastructure can make a meaningful dent in a city’s stormwater problem, it can’t prevent CSO overflows in every case. This is especially true in situations where a storm dumps an inch or more of water in a short period of time.
In these instances, experts say that some traditional engineering solutions are necessary.
No easy — or cheap — fix
At first glance, it may sound simple to fix CSOs — just separate the sewage and stormwater pipes, right? But in reality, there is nothing easy about the process.
“It’s such a daunting challenge to eliminate them,” said Phil Guerin, president of the Massachusetts Coalition for Water Resources Stewardship, a nonprofit that advocates on behalf of municipal water departments.
Guerin also headed up Worcester’s water and sewer department for nearly four decades before he retired earlier this year, so he knows first-hand how complicated, disruptive and expensive this work can be.
A couple years ago, he oversaw a small sewer separation project in Worcester. It was on “a tiny little neighborhood street,” he said. The project’s price tag? About $3.5 million.
Only about 10% of Worcester’s sewer pipes are combined, Guerin said. Separating all of them could easily cost the city a half billion dollars.
And, even if a city can separate the pipes, Guerin added, it still has to figure out what to do with the rain water.
“With today’s rules on stormwater, it’s not like you can just run the pipe out to the river,” he said. “Now you’ve got to meet water quality standards. You potentially have to treat that stormwater to make sure when it hits the river, it’s not contributing to a pollution problem.”
Plus, there’s the municipal nightmare of shutting down streets, digging up roads and finding ways to maintain residential water and sewer service. In some cases, there may not be space under a street to even build separate stormwater pipes.
While sewer separation is the ultimate fix, there are other engineering options that in some cases, may be cheaper and easier to pull off.
Storage and partial treatment
The first option is to build a huge storage tank to capture water before it overflows through a CSO outfall.
The Massachusetts Water Resources Authority did this in South Boston a little over a decade ago when it built a 2.1 mile-long underground tunnel. The storage tunnel is capable of holding up to 19 million gallons of wastewater and stormwater and slowly releasing it back into the sewer system once the rain stops and the pipes have room.
After the tunnel opened in 2011, the agency was able to close the six CSO outfalls that made the beaches of South Boston notoriously filthy.
This work “is hard and very expensive, but it works for some areas where separation maybe isn’t going to be as effective,” said Betsy Reilley, director of Environmental Quality at the Massachusetts Water Resources Authority.
Of course, there’s not always space to build a storage facility near CSOs, so some cities have turned to a second solution: Partially disinfecting the water before it overflows.
There are several so-called partial treatment facilities in the state, but the largest is the Massachusetts Water Resources Authority’s Prison Point CSO Facility in Cambridge.
During heavy storms, sewage-laden water that would otherwise overflow into the Charles River through five CSO outfalls is redirected to the cavernous facility. First, the solids and floatables are screened out — everything from tampons and condoms to baby wipes, feces that hasn’t broken down and trash that ends up in catch basins on the street.
Next, the water is treated with a heavy dose of chlorine and left to sit in six massive concrete storage basins. Then it’s dechlorinated and pumped out into Boston Harbor.
It’s not as clean as it would be had it gone through a full treatment process, but it contains less trash and harmful bacteria.
There is progress, but it’s slow
Through a combination of sewer separation, storage basins and partial treatment plants, Reilley said the number of CSO outfalls and the volume of untreated water in Boston, Cambridge, Chelsea and Somerville have been substantially reduced in recent decades.
In 1987, there were 84 outfalls in these cities that discharged untreated sewage and stormwater into Boston Harbor and the Charles, Mystic and Neponset rivers. Today, about 45 active outfalls remain in these cities and approximately 93% of that water is treated before it’s discharged, Reilley said.
The problem is, she adds, “the most cost effective solutions have already been implemented” and the remaining CSOs “are the ones that are the most difficult to tackle.”
This includes outfalls like the ones in Alewife Brook near David Stoff’s house.
Cities and towns with CSOs across the state are legally required to continue eliminating outfalls and mitigating sewage pollution. But the reality, said Guerin of the Massachusetts Coalition for Water Resources Stewardship, is that there isn’t a ton of federal or state support to pay for the work.
In the 1980s, the federal government offered a lot of grant money to help separate pipes or mitigate CSOs — several sewer separation projects and partial treatment facilities in the state were funded at this time, he said.
But those grants dried up by the 1990s, and the federal and state money that’s available now is predominately in the form of low-interest rate loans.
Guerin said these loans are helpful since most municipalities don’t have hundreds of millions of dollars sitting around to fund big infrastructure projects.
From the perspective of municipal leaders, Guerin said, “you do what you can afford to do, a little bit at a time.” But, he added, at the end of the day, residents still have to foot the bill.
All of which means that barring an influx of cash or new government grants, many communities in the state are likely to have some sewage in the water for years to come.
WELLESLEY – A Wellesley father of three and his dog are home safe after first responders rescued them from a freezing lake on Sunday.
Dramatic drone video shows the daring rescue on Sunday as a first responder crawls on thin ice to help Ed Berger struggling in a frigid icy Lake Waban. But it wasn’t just Ed in the water, his 8-year-old Cockapoo Tommy had fallen in the lake first.
“Traumatic experience”
“It was definitely a pretty traumatic experience,” said Ed Berger. “I think anybody who owns a pet would do the same thing, I just knew I had to do something.”
It began on a walk when Tommy saw birds, then ran off, but tumbled into the freezing lake.
As fast as Ed could act, he grabbed a boat from Wellesley College, then went after Tommy, putting his Mass. Maritime cold-water training to the test.
“I did a couple of things right and I did a couple of things wrong because obviously becoming part of the problem was not my intention,” said Ed Berger. “I knew the first thing I needed to do was control my breathing and not panic and I had the boat.”
But boat tipped over. Within minutes, firefighters and police teamed up to first pull the father of three out of the water. Then they got Tommy out too.
“I kept telling the fire department, ‘I’m fine I’m totally fine go save the dog,’ but they said ‘no sir, people first, it must be people first,’” said Ed Berger.
Tommy was taken to the Veterinary Emergency Group where Dr. Allan Heuerman treated the dog.
“Our first concerns are hypothermia,” said Dr. Heuerman. “Tommy’s a fighter, that definitely helped him stay alive and breathing and fighting throughout this whole process, so definitely lucky.”
Ice warning
It’s a dangerous time on the ice that can lead to tragedy, like in Atkinson, New Hampshire where a 56-year-old mom fell through ice and drowned over the weekend.
In Wareham, first responders found a man clinging to a kayak after he had fallen through an icy pond.
“Even though we’ve had cold temperatures. We don’t really recommend going in there at all because you never know if the water is moving, if there’s a pocket of warmer water underneath,” said Wellesley Fire Chief Matthew Corda.
What could have ended in tragedy, became a happy ending for Ed and Tommy, and for that they’re so thankful to the first responders and medical staff who made it happen.
“The fact that they got me, and they got him was just absolutely amazing, so incredibly thankful,” said Ed Berger.
First responders say the lesson here is to keep your dogs on leashes and if they go out into the ice, don’t follow them, just call 911.
Massachusetts
Massachusetts insurance agent says rates could go up across country after California fires
NORWOOD – As harrowing images of homes burning to the ground come in day after day from California, Massachusetts homeowners are understandably questioning whether they are prepared and properly insured should a catastrophe hit our coast.
“There’s a ripple effect”
“Whenever you see catastrophic losses like they’re seeing in California right now, there’s going to be ramification, repercussions across the country, if not across the world,” explained local insurance agent and former chair of the Mass. Association of Insurance Agents, Patrick Dempsey of Norwood.
“That could mean rates go up for people across the country, even though it’s not happening in our backyard. It’s happening to a market that’s going to impact ours here. So, there’s a ripple effect for sure,” he said.
Dempsey explained that insurance companies are not equipped to cover sudden losses of hundreds of billions of dollars, and in a time like we’re seeing in California, they tap into their own insurance companies in the “reinsurance” industry.
Fortunately for now, Massachusetts doesn’t seem poised to experience fires like the West Coast does as weather intensifies worldwide. “[Fires] haven’t really been prominent here, although we did have some this past year in kind of the Milton Blue Hills area there. There were legitimate forest fire concerns,” he said.
One huge challenge in California right now, Dempsey explained, is that the state “has been noted to go through some struggles in the recent past with certain larger carriers kind of pulling back in large scale.”
Massachusetts safety net
Since insurance is governed on a state level, Dempsey feels Massachusetts residents should be comforted by our state’s safety net.
“I think it is a little bit of a feather in the cap for Massachusetts, that the Insurance Commissioner’s office and the companies work quite well together in the sense that they’re not taking aggressive rates that are unnecessary, but they’re keeping the companies in a way that they’re bringing enough premiums to pay out the claims. It’s a delicate balance,” he said. “Other states might be jealous of how well it’s being done right now, and I’m proud that that’s going so well in our state, so hopefully good things in the future.”
Dempsey’s advice to Massachusetts homeowners is likely not surprising, given that he is a local agent. He recommends staying local and using an agent to find the home insurance policy that’s right for you.
“When you deal with an agent, they can really take you through these steps, and they also know their backyard,” he said. “You know, if I’m writing a policy in Norwood, I’ll know when certain homes are going to be near, say, a brook or a stream that might put it in a flood zone.”
“So every John is a sex trafficker?” asked Massachusetts Supreme Judicial Court Scott L. Kafker in the courtroom last week.
“Yes, your honor,” replied Plymouth County Assistant District Attorney Julianne Campbell.
The case—Commonwealth v. Garafalo—represents the latest assault on civil liberties and basic language to be carried out in the name of stopping sex trafficking.
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Victimizing ‘A Fictitious Individual Created by Law Enforcement’
It’s long been a goal of certain radical feminists to define all sex work as sex trafficking. If you completely remove agency and free will from the equation—at least for women—then anyone who accepts money for sexual activity can be a victim and anyone who makes or facilitates this payment a criminal.
This paradigm is the basis for the “Nordic Model” of regulating prostitution, in which paying for sex is illegal but the basic act of offering sex for money is not. The Nordic model is established in many European countries, was adopted last year in Maine, and is gaining ground in the U.S. (where it’s sometimes, confusingly, called the Equality Model).
In keeping with this paternalistic mindset, some places have also started to raise penalties for prostitution customers, even elevating solicitation from a misdemeanor to a felony. Meanwhile, at the federal level, trying to pay for sex with someone under age 18 counts as sex trafficking even when the solicitor does not know the minor’s actual age.
Massachusetts may take these ideas one step further and declare anyone who tries to pay for sex at all to be a sex trafficker, thereby defining all prostitution, even between consenting adults, to be a form of sex trafficking.
A case that came before the Massachusetts Supreme Judicial Court (SJC) last week involves a prostitution sting conducted by Massachusetts state cops in 2021. The officers, posing as adult sex workers, posted ads online and arrested people who responded to the ads and attempted to meet up for paid sexual activity.
Regrettably, this type of sting is incredibly common in the U.S. It typically results in solicitation charges—still a misdemeanor in most places—for those ensnared. But in this case the state indicted those who responded to the sham ads on sex trafficking charges.
Massachusetts law says that anyone who “subjects, or attempts to subject, or recruits, entices, harbors, transports, provides or obtains by any means, or attempts to recruit, entice, harbor, transport, provide or obtain by any means, another person to engage in commercial sexual activity, a sexually-explicit performance or the production of unlawful pornography” is guilty of trafficking of persons for sexual servitude—a.k.a. sex trafficking. The crime is a felony, punishable by at least 5 years in prison (without eligibility for probation, parole, or work release) and a possible 20 years, plus a potential fine of up to $25,000.
The five defendants in Garafalo, arrested in the 2021 sting and charged with trafficking of persons for sexual servitude, pushed back against the charges, filing a motion to dismiss them in 2022.
State Judge Maynard Kirpalani agreed to dismiss the charges. “The grand jury heard no evidence that there were any actual victims in the cases involving any of the Defendants, as the woman in the advertisements was a fictitious individual created by law enforcement, and there was no money and/or sexual services exchanged,” wrote Kirpalani. “Consequently, there was no evidence that any of the Defendants knowingly enabled or caused, or attempted to enable or cause, another person to engage in commercial sexual activity.”
‘We’re Going To Take Tvery Single John…and Put Them in Prison for Five Years?’
The state appealed, but the Appeals Court judge also sided with the defendants. So the state appealed again.
The Massachusetts high court heard oral arguments for the case on January 6.
Massachusetts’ position is that the state’s sexual servitude statute clearly captures paying for sex among its prohibited activities. It comes down to the word “obtain,” the state argued.
But at the same time the state legislature enacted a sex trafficking statute in 2011, it also raised the penalty for “soliciting a prostitute,” making this misdemeanor crime punishable by “a fine of not less than $1,000 and not more than $5,000” and up to two and a half years in jail.
“We’re going to take every single John, charge them with sex trafficking, and put them in prison for five years? I don’t think that was the intent,” defense attorney Patrick Noonan told Massachusetts Supreme Judicial Court justices last week. It would make the misdemeanor offense completely redundant.
It’s unclear when a decision will be issued, but “SJC cases are typically decided within 130 days,” the Boston Globe reports.
The Dangers of Exploitation Creep
This is an important case to watch for folks concerned with the inflation of human trafficking and sex trafficking—concepts that have undergone a massive case of what sometimes called “exploitation creep.” In recent decades, we’ve seen a series of attempts to expand the parameters of these crimes from truly heinous and coercive acts to much less serious offenses.
In many cases, this has involved roping in third parties—drivers, websites, hotels, social media platforms, sales software companies, etc—into liability for coercive or violent acts that did take place but of which they had only the most tangential and unwitting involvement. Another element of this impulse involves defining consenting adult sex workers as prima facie victims and anyone who pays them as a victimizer or trafficker.
If Massachusetts’ high court justices side with the state, it obviously won’t bind other states to similar interpretations of their own sex trafficking statutes. But plenty of police agencies and prosecutors across the country already refer to plain old prostitution stings as “sex trafficking operations” and the arrest of potential prostitution customers as a “human trafficking bust,” even when the only charges brought are misdemeanor solicitation charges. The authorities in many states would clearly welcome the opportunity to include attempting to pay for sex under the official rubric of sex trafficking.
If Massachusetts’ top court greenlights the state’s attempt to charge sex-work customers as sex traffickers, you can bet it will encourage authorities in other states to play faster and looser with their own definitions. If the court sides with the state here, I think we’ll be looking at a major escalation of an already dangerous trend.
Labeling people who want to pay a willing adult for sex as sex traffickers is certainly unfair to those people, and not just because they can be imprisoned for so much longer. It’s one thing to have a misdemeanor arrest on your record or to have to disclose a solicitation conviction; it’s quite another to have a felony record and have to tell people you’re a convicted sex trafficker.
And the negative consequences of this shift don’t stop with those convicted. Defining all prostitution as sex trafficking threatens to drive the industry further underground and to make customers less likely to engage in screening protocols and other safety measures, making the work more dangerous for adult sex workers and for adult and minor victims of sexual exploitation alike.
It also takes resources away from fighting crimes where there are actual victims, instead encouraging cops and prosecutors to conduct sure-thing stings where the only “victim” is an undercover cop.
And it does all this while letting authorities ratchet up sex trafficking arrest and conviction numbers, confusing the issue by conflating two very different things in public data. This spike in arrests and convictions can then be used to stoke public fear and build demand for more action. It’s can be used to justify raising police budgets, expanding surveillance power, suppressing online speech, and generally calling for more tough-on-crime policies. It can also be used to call for new regulations on businesses as diverse as massage parlors, hotels, and social media platforms.
Policies like these affect people far beyond sex workers and their clients, and they do nothing to help actual victims of sexual violence, coercion, and abuse. Let’s hope Massachusetts justices see the state’s ploy for what it is and make the right call here.
More Sex & Tech News
Things aren’t looking good for TikTok after a U.S. Supreme Court hearing last week considering a law that would force the platform’s parent company, ByteDance, to sell off its U.S. operations or be banned. Reason‘s Robby Soave has written a rundown of what transpired in court. “The Supreme Court appeared largely—though not entirely—unmoved by arguments that a federal ban on TikTok would violate the First Amendment rights of the app’s millions of American users,” writes Soave:
During oral arguments before the Court on Friday, the justices seemed inclined to agree with the federal government that a national security rationale was sufficient to force the app’s Chinese parent company, ByteDance, to sell to an American company…. President-elect Donald Trump opposes the ban and petitioned the Court to delay it until he takes office so that an alternative can be worked out. Shark Tank investor Kevin O’Leary and billionaire Frank McCourt have offered to buy the app for $20 billion, but ByteDance has insisted that it would sooner comply with the ban than sell the company. Supporters of the ban tend to see this as evidence that the Chinese government deems TikTok too useful for its nefarious propagandistic purposes.
Of course, even if it were true that the app is rife with Chinese propaganda, Americans enjoy the First Amendment right to consume such content. The justices seemed most skeptical of the government’s case to the extent it hinged on this point. Justice Elena Kagan likened the banning of TikTok to the Red Scare, in which the federal government violated the free speech rights of American communists due to their affiliation with the Soviet Union.
“That’s exactly what they thought about Communist Party speech in the 1950s, which was being scripted in large part by international organizations or directly by the Soviet Union,” said Kagan.
Several justices also seemed disturbed by the secretive nature of the government’s case against TikTok. National security experts have posited that TikTok poses a fundamental risk, but the evidence they showed to lawmakers has not been released to the public. Justice Gorsuch objected to “the government’s attempt to lodge secret evidence in this case without providing any mechanism for opposing counsel to review it.”
If it was just a matter of TikTok itself being banned, the justices would probably deem this an impermissible, content-based suppression of speech. Unfortunately, most of the Court seemed sufficiently persuaded that forcing ByteDance—a foreign company that does not itself enjoy First Amendment rights—to sell the app was not necessarily a content-based restriction on speech.
What is Tubi? You might find Tubi tucked away among the apps preloaded on your Smart TV. The free, ad-supported streaming service owned by Fox fields “the kind of movies you might have once found mindlessly flipping through the channels, back before streaming came along and algorithms began crafting our entertainment diets,” writes The Washington Post‘s Travis M. Andrews:
Tubi isn’t only filled with so-bad-they’re-good movies. It’s got a bit of everything. A Criterion movie here. A strange Rob Lowe-hosted game show there. “Bad Boys,” “Dances With Wolves” and every episode of “Columbo” and “The Magic School Bus” are neighbors on the streaming service. It’s like a T.J. Maxx or a Marshall’s: an awful lot of bargain-bin fare, not particularly organized—currently, you’ll find “Despicable Me 3” but not its predecessors—but also packed with diamonds in the rough if you’re willing to spend time sorting through the riffraff.
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