It's long overdue, actually, and hard to imagine that beautiful Newport, home to scenic beaches and world-class sailboats, has a nasty pollution problem, but it sure does. This week, Environment Rhode Island and four Newport residents filed a lawsuit against the City of Newport for discharging pollutants from the City’s sanitary and storm water sewer system into Newport Harbor and Easton’s Bay in violation of the Clean Water Act. Yay!

“I want to be able to take my grandchildren to the beach without worrying about whether I am risking their health by letting them play in the water,” said Henry Rosemont, a plaintiff in the suit.

Click on "More..." to read Environment Rhode Island's news release. And click here for a story by Rick Salit, the projo's Newport reporter.

Environment Rhode Island and Local Citizens Take Legal Action to End Pollution at Newport Beaches and Harbor

Sewer Overflows, Inadequate Sewage Treatment, and Contaminated Storm Water at Issue
 
           NEWPORT, RI - Environment Rhode Island and four Newport residents today filed an enforcement lawsuit against the City of Newport for discharging pollutants from the City’s sanitary and storm water sewer system into Newport Harbor and Easton’s Bay in violation of the Clean Water Act.  Earth Tech, Inc., the national engineering firm hired by Newport to operate the City’s wastewater treatment plant, is also named as a defendant in the suit. The lawsuit was filed in the United States District Court for the District of Rhode Island.
 
            The plaintiffs in the lawsuit have also sent a letter to the neighboring Town of Middletown notifying Town officials that Middletown’s discharges from its sanitary and storm water sewers into Easton’s Bay violate the Clean Water Act.  Service of such a notice is a necessary first step in filing an enforcement suit under the Act.
 
            According to the Complaint filed today against Newport and Earth Tech, Newport’s violations of the Clean Water Act have contributed to frequent closures and swimming restrictions at area beaches.  “The dirty little secret of Newport, which bills itself as America’s First Resort, is that its coastal waters are polluted,” said Burt Hoffman, a plaintiff in the lawsuit.  “I’d like to swim off my boat in the harbor, but the thought of what’s in the water scares me,” said Ted Wrobel, another plaintiff.
 
            Newport owns a combined sewer system that collects sewage and storm water from Newport and Middletown and transports the wastewater to the Newport Water Pollution Control Plant.  According to the Complaint, Newport’s sewer system becomes overwhelmed during heavy rains, causing inadequately treated sewage and storm water to be released directly to Newport Harbor.  According to the Complaint, there have been more than 125 such discharges, called “combined sewer overflows,” in the past five years.  Combined sewer overflows are released from facilities located downtown at Wellington Avenue and Washington Street. The Complaint also alleges that Newport discharges contaminated storm water to Easton’s Bay from a large moat built to contain storm water.  In all, the Complaint alleges hundreds of violations of the State-issued Clean Water Act permits governing Newport’s sanitary and storm water sewers.
 
The letter to Middletown alleges that the Town discharges sewage to the moat leading to Easton’s Bay during periods of heavy rainfall, and that Middletown is not authorized under the Clean Water Act to make such discharges.  The letter also alleges Middletown violates the Clean Water Act by discharging contaminated storm water to Easton’s Bay.
 
Sanitary and storm water discharges from Newport and Middletown have repeatedly closed beaches because of high bacteria counts.  King Park Beach in Newport has been closed for 4 years.  Atlantic Beach in Middletown has been closed seven times this summer, most recently on July 15th.  The Rhode Island Department of Health warns against swimming, surfing and other full body contact activities at Easton’s Beach and Atlantic Beach for a minimum of 24 hours after a heavy rainfall.
 
“I want to be able to take my grandchildren to the beach without worrying about whether I am risking their health by letting them play in the water,” said Henry Rosemont, a plaintiff in the suit.
 
Matt Auten, an advocate with plaintiff Environment Rhode Island, said “The failure to fix this long-standing pollution problem has forced citizens to take direct action in court.  We have already talked with officials from Newport and Middletown and we are hopeful we can resolve the case through a negotiated settlement, though we will be prepared to make our case before the judge.”
 
The federal Clean Water Act contains a “citizen suit” provision that allows private citizens affected by violations of the law to bring an enforcement action against the violator.  Citizens may seek a court order requiring compliance with the Act, and monetary penalties against the violator.  Plaintiffs are not seeking a penalty against the City of Newport, and will not seek a penalty against the Town of Middletown.
 
Plaintiffs are represented by Theresa Labriola and Charles Caldart of the non-profit National Environmental Law Center, David Nicholas of Newton, Massachusetts, and Karen Pelczarski of Blish & Cavanagh in Providence.

source: Environment Rhode Island