Conservation Group Sues Barnstable Over Pollution In Lewis Bay

BARNSTABLE, MA — An environmental group sued the Town of Barnstable Tuesday in federal court, arguing the town's water pollution control facility is polluting Lewis Bay and in violation of the federal Clean Water Act.

The plaintiff, the Conservation Law Foundation, argued the plant's levels of nitrogen discharge are too high, and that waste water is traveling underground into Lewis Bay. According to the Foundation, the discharge is feeding large algae blooms which are lowering water quality and harming marine life.

Town Manager Mark Ellis denied the town has violated any environmental regulations. He said the town already has a plan in place to improve water quality throughout town.

Ellis said nitrogen pollution is a Cape-Wide and costly issue, and the town is in full compliance with the Massachusetts Department of Environmental Protection

"The Town of Barnstable is taking decisive and effective action to improve water quality in our coastal waters, streams and ponds," Ellis said in a statement. "The Town’s Comprehensive Wastewater Management Plan, recently approved by the Massachusetts Secretary of Energy and Environmental Affairs, will fully achieve the nitrogen reductions needed to meet Federal clean water standards. Moreover, CLF’s actions could hinder the Town’s current efforts to address the problem of nitrogen pollution in our waters by diverting financial and staff resources away from that work."

But the lawsuit argued Barnstable never had permission from the EPA to pollutants from the Hyannis facility into the Lewis Bay Watershed System. The group also said Barnstable plans to dramatically expand operations at the facility in the coming years.

"Without an order from this court, the ecological toll of Barnstable’s unlawful pollution of the nation’s waters will only grow,' the lawsuit read. "Barnstable has plans dramatically to expand theHyannis Facility in coming years, increasing the flow of effluent through its sand beds, and thus the load of nitrogen it will discharge into the rivers, creeks, ponds, bays, and estuaries of the
Lewis Bay Watershed System."