NO VOTE? - Certain Likelihood of Legal Ramifications

[Alfred Roy]

Undoubtedly, a NO VOTE will not allow OLSBA to just move on, somehow absorb the would-be sunk investments, avoid the projected sewer costs, and deal with desperately needed road improvements as a project apart from a sewer project.

Each of our Cost Sharing Alliance (CSA) Partners, along with us at OLSBA, have significant skin in this game.  If the tables were turned, and OLSBA was moving forward but one partner defaulted, our fiduciary responsibility would dictate we join forces with the other compliant partners to seek legal relief from the partner in default.  DEEP is most certainly watching our next steps very closely.

For decades, DEEP has pursued their mission to sewer all Connecticut shoreline towns to mitigate pollution affecting LI Sound.  I understand only four shoreline towns remain on DEEP's radar, all of which are being addressed in some fashion. DEEP's resolve to complete this mission has been steadfast, and their message to us in their presentation (and repeatedly reaffirmed that evening) on May 13 is an entirely unambiguous reaffirmation of that resolve.  I know first-hand that DEEP does not hesitate to apply enforcement actions for blatant unresolved non-compliance in the commercial, industrial, and utility sectors.  DEEP is a formidable and highly resourced public agency with the full backing of CT Statutes, the CT Attorney General's Office and the Federal EPA.  That said, as evidenced multiple times across our state, DEEP is known for extraordinary forbearance in dealing with municipalities, but eventually will employ enforcement action when necessary.  Their position was recently and clearly reaffirmed in their letter to us dated December 17, 2024, and their letter to the Sound View coalition dated September 20, 2023 (excerpts below and posted on the WPCA website).

Some residents and board members claim the Hinkley Allen legal opinion (posted in the WPCA Updates) provided a viable (reasonable?) alternative to compliance mandated in the Unified Consent Order which enjoins all four CSA Partners.  However, it is interesting to note the "ideal solution" found in the Executive Summary" (excerpt below).  In fact, DEEP acknowledged the financial impact of issues related to the COVID scenario and significantly increased the grant funding by $15M.  Make no mistake that pursuing litigation for relief from the consent order we signed is guaranteed to be an arduous, extremely expensive and years-long process.  We must recognize that OLSBA's financial and legal resources pale in comparison to DEEP's.

I offer my perspectives on our situation at OLSBA based on my work career experiences.  My 45 years with CL&P, then Northeast Utilities, and finally Eversource provides me direct knowledge of and experience with utility functions and the regulatory interface (CT Legislature, PURA, DEEP, EPA).  For a ten year stretch I was the senior management environmental liaison to CT DEEP and Federal EPA which afforded me several enlightening experiences to appear in Hartford and Boston as expert witness during enforcement discussions.

EXCERPT: HINCKLEY ALLEN MEMO

EXCERPT: DEEP LETTER - DECEMBER 17, 2024

EXCERPT: LETTER TO SOUND VIEW - M. DALY