Mass Receives Federal Funding to Remove Lead Service Lines

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BOSTON — The Biden-Harris Administration awarded more than $50 million in funding for Massachusetts cities and towns to help identify and replace lead service lines and prevent exposure to lead in drinking water. 
 
Following advocacy by the Healey-Driscoll Administration, federal delegation, Attorney General Andrea Joy Campbell, and Treasurer Deborah Goldberg, the federal funding announced today is an increase over the $33.7 million in lead service line funding allocated in fiscal year 2023 but presents a gap between the identified funding needs in Massachusetts. The Healey-Driscoll Administration will continue to work with federal, state, and local agencies in order to fully fund the lead service line replacement program. 
 
"We appreciate the Biden-Harris Administration's willingness to engage with states on important environmental and public health issues, particularly one with such widespread and acute impacts as lead in drinking water," said Governor Maura Healey. "We're looking forward to continued collaboration with federal partners to identify more funding avenues to build on these investments so Massachusetts can continue its nation-leading work to protect the environment and public health." 
 
In February, Governor Healey, Attorney General Campbell, and Treasurer Goldberg submitted a letter to EPA Administrator Michael Regan urging him to reconsider the new grant formula that had reduced lead service line replacement funding to Massachusetts by more than $30 million. The letter identified Massachusetts' unique needs for lead remediation funding based on the high percentage of housing stock from before 1940, when the use of lead in service lines was prevalent and emphasized how the effects of this today cause disproportionate lead exposure in communities of color. Massachusetts received $65.7 million in fiscal year 2022 but was only allocated $33.7 million for 2023 and future years of the program under the EPA's new methodology. Following advocacy from Massachusetts and other states, the EPA allowed states a onetime opportunity to submit additional data,
 resulting in Massachusetts' boosted allotment of $50 million. 
 
Massachusetts has leveraged federal Bipartisan Infrastructure money to address lead service line issues, including commitments since 2022 of more than $59 million for lead remediation projects. This funding has supported needs assessments and action plans in 121 Massachusetts communities and has financed $30 million in remediation projects. 
 
The funding awarded under President Biden's $3 billion Investing in America initiative will provide significant grants through the Massachusetts Drinking Water State Revolving Fund Lead Service Line Program. Under the Revised Lead and Copper Rule set to take effect in October, the EPA is also requiring local public water systems to investigate the number of lead service lines in their water distribution system and report those findings to the state agency that oversees drinking water – in Massachusetts that is the Department of Environmental Protection (MassDEP). 
 

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Berkshire Concrete Lawsuit Seeks Damages, Continued Operation

By Sabrina DammsiBerkshires Staff
DALTON, Mass. — Whether Berkshire Concrete can continue excavating after its permit was denied —and if the town is liable for damages — will be decided in a lawsuit the company has filed against the town, planning board and its members.
 
The suit was filed on behalf of Berkshire Concrete Corp., a subsidiary of Petricca Industries, by Jaan G. Rannik of Cohen Kinne Valicenti & Cook in Superior Court on April 13
 
Berkshire Concrete is suing for damages and wants the Planning Board's permit denial overturned.
 
The company seeks permission to operate on its entire property, and to have any future permit applications granted — unless they violate previous permit conditions and fail to fix them after formal written notice, or if the Mine Safety and Health Administration finds a public health danger requiring new restrictions.
 
It also requests that if a future renewal is denied for a violation and Berkshire Concrete disputes it or claims it didn't have time to fix, operations can continue until a  final decision is made.
 
The company claims the town breached its 1992 contract with Berkshire Concrete and the board exceeded its authority in denying the special permit. 
 
Berkshire Concrete claims that as a direct result of the town's breach of contract it suffered damages of no less than 1.9 million and will continue to incur additional damages. 
 
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