On December 26, 2005, the original Consent Decree in this matter was entered by the District Court, put the City of Nashua (the City) on an enforceable schedule to undertake a combined sewer overflow (CSO) program to address its CSOs. The Decree was subsequently amended by an order entered on February 5, 2009. Under the Amended Decree, the City is to complete its CSO program to mitigate overflows from six of the City's eight combined CSO outfalls, and to analyze alternatives for and design and construct CSO controls for the two remaining outfalls. The 2009 amendment requires the City is required to achieve the same level of control required under the terms of the original 2005 Decree. The cost of the injunctive relief, while estimated at $9.6 million at the time of the 2005 Decree, was subsequently estimated at $21 million in 2009.

As noted above, prior to the February 5, 2009 entry, the settlement was lodged in 2008 in the U.S. District Court of New Hampshire and was subject to a 30-day public comment period and final court approval.  Untreated sewage contains viruses and protozoa as well as other parasites. People coming in contact with these organisms can suffer adverse health effects ranging from minor ailments such as sore throats, stomach cramps and diarrhea, to life-threatening illnesses such as cholera, dysentery, infectious hepatitis and severe gastroenteritis. Children, the elderly, people with weakened immune systems and pregnant women are more at risk of illness.

For additional information, contact:

Sushila Nanda
U.S. Environmental Protection Agency
Office of Civil Enforcement
1200 Pennsylvania Ave.
NW Mail Code 2243A
Washington, DC 20460
202-564-4088
nanda.sushila@epa.gov