BARNSTABLE – U.S. District Court Judge Allison Burroughs has dismissed the lawsuit by the Conservation Law Foundation against the Town of Barnstable that stemmed from the organizations claiming the town violated the Clean Water Act.
CLF argued that nitrogen from the town’s wastewater treatment facility would eventually find its way into Lewis Bay, violating the Clean Water Act.
However, the judge said that as it would take that process 21 years to cover the over 1.5 mile distance, the effluent cannot be considered the “functional equivalent of a direct discharge.”
She also said that the facility is fully permitted under state regulatory framework for groundwater discharges.
Town Manager Mark Ells said he was pleased by the ruling, adding that the town is committed to protecting Cape Cod’s environmental health and the health of the Lewis Bay Watershed.