Narragansett Bay In the News

MIDDLETOWN, R.I. – The Town of Middletown has entered into a consent decree with the plaintiffs of a lawsuit brought in 2008 against the town over its failure to address persistent storm water overflows at area beaches.

Attorneys filed the order in U.S. District Court in Providence on Wednesday.

If approved, it would settle a lawsuit filed against the town by the non-profit advocacy group Environment Rhode Island and several local residents, who banded together several years ago as the “Sewer Rats.” A separate suit against Newport has yet to be settled, but individuals close to the case have said recently that a resolution could soon be at hand.

The agreement would impose a series of fines if Middletown fails to take certain steps to minimize the liklihood of storm water overflows during heavy rain events within a set timetable.

Middletown Town Administrator Shawn J. Brown said in a statement that the town has “worked diligently and cooperatively for several years now to work with the Rhode Island Department of Environmental Management to improve its handling of wastewater and storm water.”

Since 2004, he said, the town has spent $13 million upgrading the Wave Avenue pump station and force main, where many of the overflows occur and noted that town has not recorded a wastewater overflow discharge since March 2009.

“The proposed settlement incorporates and recognizes the Town’s ongoing plans and commitments on these wastewater and storm water issues,” Brown said. “By reaching this proposed settlement, the Town will avoid expending unnecessary costs on litigation, and can instead focus and expend its resources on these plans and commitments.”