The Massachusetts Department of Environmental Protection has issued an Administrative Consent Order and Notice of Noncompliance to the City of Brockton that would hold the City to enumerated standards regarding when and under what conditions diversionary flows from Monponsett Pond into Silver Lake can occur.
Several of these orders take place immediately:
• Brockton must not divert water from Monponsett Pond to Silver Lake when there is a cyanobacteria bloom in Monponsett Pond that exceeds the MDPH standard of 70,000 cells/ml.
• Brockton must continue manually opening the Monponsett to Silver Lake diversion structure/apparatus to provide lower water transfer rate (approximatly 12 to 14 million gallons per day, which is about half of the maximum diversion rate) with the intended goal of pulling less water from West Monponsett to East Monponsett during diversions. This provision may be waived at the discretion of the DEP should unanticipated environmental conditions warrant
• Brockton will begin operating the Stump Brook Dam/Fish Ladder in a manner to ensure that at least 900,000 gallons per day (g/d) is leaving West Monponsett Pond and entering Stump Brook whenever Brockton is actively diverting from Monponsett Pond to Silver Lake in accordance with the requirements of Chapter 91 License 4987. Brockton will also see that the Stump Brook Dam Fish Ladder remains open and passable for migrating fish during the herring migration seasons in Spring and Fall of every year.
• Brockton will make immediate efforts to contact area cranberry growers to coordinate Stump Brook Dam openings so that the Stump Brook Dam Fish Ladder and Sluiceway can be opened to coincide with releases of cranberry harvest and flood return flows to West Monponsett Pond/Stump Brook so that those return flows exit the Monponsett Pond system as quickly as possible as long as pond elevation supports the flow.
• Once Monponsett Pond reaches a level of 53 feet, six inches above zero elevation of 52.5 feet, or June 1, 2017, whichever is earlier, Brockton will begin operating the Stump Brook Dam fish ladder gate in a manner to ensure at least 900,000 g/d is leaving West Monponsett Pond and entering Stump Brook at all times, unless the pond elevation cannot support it, with the fish ladder gate placed at its lowest elevation, about 51.8 feet. This requirement will remain in force until it is further evaluated as part of the Resource Management Plan development and otherwise approved by Mass DEP.
Within 60 days:
• Brockton will complete installation of stop logs on top of the dam-like structures separating the Monponsett intake chambers from the diversion pipe intake.
Within 6 months:
• Brockton shall submit for MassDEP review and approval a proposed Final Scope of Work (SOW) for preparation of the Resource Management Plan, based on scientific data and evaluation, that will include recommended metrics and procedures for Silver Lake Diversions and Stump Brook Dam Operations intended to improve Monponsett Pond’s water quality and ecosystem while maintaining Brockton’s drinking water supply system reliability.
• Before submitting the proposed SOW to DEP, Brockton will release a draft for public comment and conduct at least one public meeting to discuss the report and gather public input. The Draft SOW will be posted in the Environmental Monitor and properly advertised with copies of the Draft available in each respective community library or designated repository.
Within 24 months:
• Brockton will submit to MassDEP a final Resource Management Plan and Implementation Schedule developed in accordance with the Resource Management Plan Scope of Work as approved by MassDEP.
Within 6 months of the DEP’s approval of the Final Resource Management Plan and Implementation Schedule:
• Brockton will commence implementation of the MassDEP approved Resource Management Plan and Implementation Schedule.
• Brockton is ordered to continue to operate so that the 12 month running average of water pumped into Brockton’s water distribution system must not exceed 11.3 million g/d or 110% of the MassDEP approved system safe yield. Brockton must continue to submit monthly reports to MassDEP showing the 12 month running average of water from all sources.
• None of Brockton’s activities are to interfere with the recreational uses of the ponds for boating, bathing, or fishing.
Because MassDEP has listed Monponsett Pond as impaired, to comply with the requirements of the Federal Clean Water Act, the MassDEP will prepare a Total Maximum Daily Load report for East and West Monponsett Ponds that wil estimate the annual nutrient additions to the ponds, calculate the nutrient load-carrying capacity for each, and set goals for nutrient reductions according to the land uses and activities around East and West Monponsett.
For a complete copy of the Administrative Consent Order, go to our web site: PlymptonHalifaxExpress.com