Judge A. David Mazzone's
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U.S. Federal District Judge A. David Mazzone (District- MA) donated his papers pertaining to the Boston Harbor Cleanup Case to the University of Massachusetts Boston on May 16, 2001.
In August, 2003 additional materials were acquired from Judge Mazzone in the form of videotapes.
In October, 2003, additional materials in the form of a DVD set and a CD-Rom were acquired from Mary Lydon, Librarian & Records Manager, at the MWRA Record Center at the Charlestown Navy Yard.
In February, 2004, additional compliance reports (Numbers 183-188) were acquired from Judge Mazzone.
In 2005, supplementary materials (videotaped interviews and transcripts of those interviews, conducted by Jenni Matz), were added to the collection.
BIOGRAPHICAL NOTE: Judge A. David Mazzone
Judge A. David Mazzone was a senior US District Judge in Massachusetts.
Born: June 3, 1928 in Everett, MA
Died: October 25, 2004 in Boston, MA.
Presided over this case: 1985 - 2004 (this case still open at time of
processing)
Education: B.A Harvard Univ., 1950. JD De Paul Univ., 1957.
Career Note:
1961-65, Asst. District Attorney, Middelsex County,
Massachusetts.
1965, Asst. U.S. Attorney, Massachusetts.
1965-75, Partner, Moulton, Looney and Mazzone, Boston
1975-78, Associate Justice, Superior Court, Boston
1978- 2004, Senior Judge, U.S. District Court, Boston, Mass.
Case No: Civil Action 85-0489-MA: United States of America
(Plaintiff) Vs. Metropolitan District Commission, et al (Defendants)
And
Civil Action 83-1614-MA : Conservation Law Foundation of
New England, Inc., (Plaintiff) Vs. Metropolitan District Commission, et
al (Defendants)
The Boston Harbor Cleanup Case was a landmark case for Massachusetts. The initial order and subsequent timetable of U.S. Federal District Judge A. David Mazzone set into play one of the largest public works projects ever undertaken in New England at a total cost of over $3.8 billion. It resulted in the construction of a new primary wastewater treatment center at Deer Island ("the Boston Harbor Treatment Plant"), facilities at Fore River Shipyard in Quincy to process sewage sludge, a tunnel from Nut Island to Deer Island, and a 9.5 mile outfall tunnel to discharge treated effluent offshore in Massachusetts Bay. These four major construction projects were designed to deal with the problem of untreated sewage water which had been dumped into Boston Harbor for decades. The case was originally filed in three separate lawsuits.
The town of Quincy filed a suit against the Metropolitan District Commission (MDC), an authority created by the Mass. legislature in 1893, and the Boston Water and Sewer Commission, on December 17, 1982, on the grounds that the beaches and waters of Boston Harbor were polluted, by the illegal dumping of an estimated 3.5 billion gallons of pollutants in that year alone. The suit was heard by Judge Paul G. Garrity of the Massachusetts Superior Court. A timetable for the Boston cleanup was attempted. The next year, it was determined that the MDC alone would be liable for the cleanup.
On June 7, 1983, the Conservation Law Fund (CLF) filed a suit against the MDC and the Environmental Protection Agency (EPA) for massive discharge of untreated sewage into Boston Harbor. The CLF blamed the MDC, with acquiescence from the EPA, for violating the 1972 Clean Water Act of Congress. The EPA claimed that the MDC should be the sole defendant in this case.
The EPA, under new Regional Administrator Michael Deland, also filed its own suit, as a plaintiff, against the MDC for failure to comply with the Clean Water Act.
On March 7, 1984, Judge Mazzone stayed proceedings for the CLF case, due to the existence of the Quincy case already pending in the Mass. Superior Court. Mazzone deferred to Judge Garrity who was still ruling on the Quincy case, and who issued an ultimatum in December 1984 warning the Legislature that he would enter a clean-up order unless lawmakers devised a concrete plan to clean the polluted harbor.
In April of 1984, then Governor Michael Dukakis (Mass.) proposed a bill in the Mass. legislature which would form a new, autonomous water and sewage authority in Mass. This authority, the Massachusetts Water Resources Authority (MWRA) would assume responsibility for the MDC's sewage department, and thereby also assume liability as the defendant in the legal case. When MDC Commissioner William Geary conceded that the MDC did not have the financial or personnel backing appropriate to clean up the Harbor, the Mass. legistlature passed the bill creating the MWRA in December 1984. Increased sewage rates would be paid by the forty-three member communities in Mass. to help offset the cost of the cleanup.
On January 31, 1985, the United States filed a separate suit
at the request of the Administrator of the EPA against the MDC, MWRA,
and the Commonwealth of Massachussetts, and the Boston Water and Sewage
Comission seeking to make the cleanup a non-voluntary court-ordered mandate.
On May 22,1985, U.S. District Judge Mazzone denied a further stay in the
CLF case, and denied a motion to stay the EPA case, consolidating the
two cases, and taking it out of the state’s jurisdiction. His reasons
were that the state had not effectively been able to adhere to the voluntary
cleanup schedule and the cessation of sludge dumping into the harbor.
He effectively combined all three lawsuits by agreeing to hear the CLF
and EPA’s cases against the MDC, and allowed the Town of Quincy (and later
the Town of Winthrop) leave to “interfere” in this new case as a plaintiff.
This decision cleared up procedural and legal obstacles that for months
had halted any progress to be made on the cleanup of the harbor.
In July 1985, the MWRA assumed the sewage tasks of the MDC, and by September
1985, the MWRA was named in the lawsuit as the sole liable party, as successor
to the MDC.
In December 1985, Judge Mazzone set forth his ruling as to the first Schedule
for the cleanup, which was to be adhered to by the MWRA. By May 1986,
this Schedule One was amended to include a plan to complete a new primary
treatment plant by 1995, and a secondary plant by 1999. The location of
these sites was still to be determined, and would cause much legal wrangling
and public dissent. Deadlines were pushed for technical and legal reasons.
The cleanup was expected to take eleven years, but would go on for at more than twenty, costing over $3.8 billion. In that time sewage stopped being dumped into the harbor, two brand-new primary and secondary treatment plants went online, a 9.5 mile outfall tunnel was completed, all contributing to making Boston Harbor cleaner. Still, this project was one of the largest public works projects to come in on time, and under budget.
In October, 2004, Judge Mazzone passed away. On September 9, 2004 he had the case transferred to Judge Richard G. Stearns, who now presides.
This case is still not closed, with work by the MWRA still ongoing at
the time this collection was processed.
The collection consists of three series.
1) The first series consists of the chamber papers of Judge Mazzone spanning the course of his court orders dealing with this case. These include just one series, which is broken down month by month, from December, 1985 to December, 2000, and then Quarterly Reports from January 2001, to October, 2003. The folders correspond to the monthly/quarterly compliance orders written by the Judge. Judge Mazzone ordered this case to have specific deadlines and project milestones which the parties were required to report on once a month. This is a record of those reports. There are a total of 188 orders that were filed at the time the collection was received.
The monthly reports include (almost invariably) the MWRA's compliance report, the report of the appointed Compliance Monitor (Anne O. Phillips), the response of the party representing the U.S (if any), and the Judge's Order on these reports and the progress of the cleanup efforts. There are copies of docketed court papers as well as drafts, and related materials. The Order of the Judge was generally the first document in the folder, and the rest of the materials were arranged in reverse-chronological order. For the purpose of consistency, all items have been re-foldered in chronological order. The judge's opinion includes a summary of facts stated in all the filed reports, and thus offers a succinct history of that particular's month's progress and setbacks. Each report chronicles the obstacles that were faced, including logistical, financial, environmental, and technical problems for each month.
Additionally, there are sporadic reports from outside experts and consultants, bids from various contractors, detailed plans from contractors, and reports from environmental and engineering parties involved over the course of the case. These are generally included in the MWRA reports as "Exhibits". There are letters to and from the Judge (mostly dealing with concern over site selection, or political/environmental implications for various construction projects), drawings, photographs, graphic schematics, news clippings, and submissions from private citizens and citizen watch groups.
Notably, some documents found here deal with the problems concerning the relocation of the Deer Island Correctional Facility, the safety of the harbor whales and wildlife, the location of the dumping site near the township of Winthrop, the relocation of the correctional facility on Deer Island, US Senate bills relating to this case, the taxpayer response to increasing sewage bills, the construction of the 9.5 Mile outfall pipe, the problem of Combined Sewage Overflow, and the safety and swimmability of the beaches in South Boston.
Originally there were 188 folders corresponding to 188 court orders. These have been re-foldered into 320 new folders each of which preserves the number of that compliance order. Additional orders were later added, and the orders chronicle the scope of Mazzone's jurisdiction on the case from 1985-2004, totaling 193 orders.
2) The second series of this collection consists of audio-visual materials.
There is a DVD compilation, produced by the MWRA in a two-volume set, "Classic Video Images of the Boston Harbor Project 1989-2002". There is a CD-Rom, "MWRA Best of Boston Harbor Project Images" consisting of over a hundred photo stills taken from among the 30,000 slides at the MWRA Record Center that were part of the scheduled compliance orders. Highlights include the "Boston Harbor Project Videos", three of which were produced by the MWRA to explain the history and purpose of the Boston Harbor Project (BHP).
Additionally, there are approximately 150 videotapes in this collection. These are on varying formats of ? (U-matic) videotape, BetaSP video, and VHS video.
These tapes range greatly in content, quality, and style. There are educational videos, explaining how water travels from the rain to the sewer. There are highly technical narratives, explaining details of CSO or of operating procedures. There are a few tapes geared toward workers, rehearsing emergency procedures. There are public service announcements put out by the MWRA to attract investors, showing how valuable a commodity the project will be. There are public meetings, showing the point of view of the ratepayers and various protesters. There are numerous newscasts, covering the press attention to the project from the 1980s onward. And there are the "Quarterlies" -project management contract requirements which capture various stages of construction. The earliest footage seems to be from 1986. Not all of it is dated.
In all, there were three "Boston Harbor Project" videos that sample the bulk of the footage and edit it into scripted, narrated segments. The final tape (#3) even features a short clip of Judge Mazzone. This tape explains again the history of the project from the troubled days of the MDC through the foreseeable completion of the project. The BHP videos are also on the DVD set.
Among the highlights on the videos:3) The third series of this collection consists of supplementary materials.
This series includes material created by the Archivist in the course of organizing the collection and material created providing supplementary information. The material includes oral history, videotaped interviews with Judge Mazzone and others involved in the case.
Additional records for this case:
The complete case files will be found at the National Archives in Waltham, MA once the case is closed. Until then, they are located at the U.S. Federal District Courthouse in Boston. http://www.mad.uscourts.gov/default2.html
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Description Note:
Series 1: Paper Documentation Contents most generally include:
Series II: Audio-Visual materials The groupings are; Series III: Supplementary Materials
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| Series II: Audio Visual Documentation
BOSTON HARBOR PROJECT Videotapes associated with the Boston Harbor Cleanup
Project |
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Detailed Log MWRA NON-PROJECT VIDEOS NP 1-14 12 that are VHS 13 that are ¾ NP-1 VHS.
Narrated by tape operator. NP-2 VHS.
Narrated history of NP-3 3/4. “Clean the Beaches” on H2O
tv (Australian) Shows how-to of water treatment NP-4 ¾ All about tunnel boring machines. Natural sound. NP-4 VHS. Dub of above. All about tunnel boring machines. Natural sound.
NP-5 ¾ narrated history of MWRA and the
pollution problem by Chaman. Details about the NP-6 VHS. Workers on boat in harbor in diving apparatus/ underwater. NP-7 VHS. Save the radial steam engine video. 1991. history of steam engines. NP-8 VHS. ROCSAW. 11/89 NP-9 VHS. Cable laying. Poor quality. 12/89 NP-10 VHS. Excavation and tunneling. 8/89 NP-11 VHS. More excavation and men in tunnels. 9/89 NP-12 VHS. In French. Shots of NP-13 VHS. Port de Boston. –canadian broadcasting Corp. NP-14 VHS. H2O tv animated story of wastewater
(primary and secondary) hosted by Dino OFF- AIR DUBS OA 1-12 12 that are ¾ OA 1-12 are ¾ tapes, and dubs of ¾ or VHS from vendors VMS, Playback, or home-recorded. Most are news- stories. Quality not very good. Most are 3rd generation. Each tape has several shows. OA 13-25 are VHS. (put in next Box) OA
1A, OA -8 part 9, OA-4 part 14 and part 2 are VHS duplicates from ¾. Two copies
of OA-18. OA-1 ¾. 1986-1989.
“water conservation PSA’s” by century III prods. 1988. Cable TV’s “Focus on
the Hill” intvw with
1988 WBZ Newton Watermain break. 1989. Cable TV public meeting on Aqueduct
leaks. Water Conservation PSA. Sludge-Follow Up. Bunker Demolition.
Industrial Toxic OA-2 ¾. 1990-1991. Protest at White House,
1990. Jesse Jackson & Wastes. Inter-Island Tunnel Groundbreaking. Effluent Outfall tunnel protest. Interim Sludge Facility. OA-3 ¾. 1991-1992. Water rate hikes. Prison closing deer island.
Effluent outfall tunnel. OA-4 ¾. 1989-1994. Workers on OA-5 ¾. 1990 Boston Harbor Protest at White House ( OA-6 ¾. Jesse Jackson: OA-7 ¾. NBC Today Show: OA-8 ¾. Air-checks by Playback, 1991.
Groundbreaking. Debates. Outfall pipe protest. OA-9 ¾. Air-checks by Playback, 1992-3. OA-10 ¾. 1992. outfall tunnel tour. VMS. OA-11 ¾. Playbakc. 1993. BHP tour w/ congressman. OA-12 ¾. Playback & VMS. 1994. tunnel fire. Tunnel fire aftermath. OFF- AIR DUBS OA –1 (1A, 4, 8) and OA-13-25 18 that are VHS OA-1A VHS. Duplicate from ¾ OA-4 VHS, dub of Part 2: “ OA-4 VHS, dub of Part 14: “ OA-8
VHS. Part 9 only of many
parts. “ OA-
13 VHS. Public meeting 1987. OA-
14 VHS.1988. News: cleanup controversy over tunnel length.
OA-15 VHS. VHS recorded at home. 1989-90.
Drought. OA-
16 VHS. WBZ tv debate.
Parcel 18 HQ siting/ rates. Paul Levy interview. “We had to OA-17 VHS. 1989. CBS: Earthquest series.
Story on beaches/ sewerage. Charles Osgood OA-18
VHS. 1989 Master from VMS.
Demolishing US. Bunker on OA-18
VHS. Dub from VMS. Demolishing
US. Bunker on OA-19 VHS. “Affairs of State” show.
Mentiones presidential campaign blunder OA-20 VHS. “Inside Edition”. Story about
Harbor. Sen. Golden began lawsuit against MDC. OA-21 VHS. OA-22 VHS. Good graphics and footage of
how sewage gets treated. Storm with no
name. OA-23 VHS. Tv news on toxic waste. OA-24 VHS. Paul Levy on news. 7/3-5, 1991. BHP impact on unemployment. OA-25 VHS. Groundbreaking on OFF- AIR DUBS OA 26-51 24 that are VHS 5 that are Beta These are all
News Stories (WBZ, WCVB, NECN, WHDH, WLVI, etc) taped off the news satellite OA-26 VHS.
WBZ news about outfall pipe. OA-27 VHS.
Outfall tunnel debates. News. Paul Levy. Senator Bill Golden on boat- shouts (cape cod protest). Man in
lobster-suit protests at city hall. “STOP” group. OA-28 VHS.Discovery
Channel. Enviro-safe homes. Underwater pollution. Talks about harbor OA-29 VHS. Overview of all problems and obstacles on Boston Harbor Project. OA-29 VHS. DUPLICATE. OA-30 VHS. “The Foul Area” Underwater
garbage. George Perry/ atomic dumpers. Outfall OA-31 VHS. OA-32 VHS. MWRA sludge meeting. OA-33 VHS. One minute wrapup of BHP, not dated. OA-34 VHS. Quincy Tunnel town meeting. OA-35 Beta. Various news stories. OA-35 VHS. Dub of beta but only of stories 4/5. OA-36 VHS. Inter-island tunnel
breakthrough- digging by hand! OA-37 VHS. Return of seals to OA-38 VHS. Beaches almost clean. OA-39 VHS. OA-40 VHS. WBZ news. Closeups of Historical
paintings of harbor. Bush on boat in OA-41 VHS. Same story as on Tape 40 about Dick Armey. Budgets. OA-42 VHS. Vice President Al Gore at harbor. 4/96 OA-43 Beta. OA-44 VHS. Overnight workers on BHP. OA-45 VHS. Discovery Channel on BHP. 1996. Toilet overflows. Raw sewage. OA-46 VHS. Mismanaged MWRA funds expose. OA-47 Beta OA-48 VHS. Draught fear. Shots of water/ sewage. OA-49 VHS. Seals in Harbor. OA-50 Beta OA-51 VHS. Other people in Bay- recreation back to harbor. OA- 53 Beta. NOT ON PACKING LIST. PROJECT VIDEOS PV 1-25 18 that are ¾ 6 that are MISSING 1 that are Beta. PV-1 ¾. “Every Drop Counts”. Northern
Lights Prod. Explains MWRA (some internal, PV-2 ¾. Interviews with Mr. Granville
of Kaiser. PV-3 ¾. MISSING. Original. (not noted as missing on box) Original. PV-4 ¾. “MWRA bond” stars with the Bush/Quayle
commercial (partial) about harbor PV-5 ¾. This version of MWRA bond
starts with the FULL Bush/Qualye ad from above. PV-6 ¾. MISSING. master PV-7 Beta. MISSING. PV-8 ¾. Duplicate of missing PV-7, above.
Tour of PV-9 ¾. 2nd clarifier
testing. Liquid dissolves in tanl. PV-10 ¾. Explosions on island. Tower
falls. Cheering. PV-11 ¾. Log included. Harbor WS. Rowes
wharf. Quabbin Reservoir.
PV-12
¾. BHP update. 1/90. With
Richard Fox/proj manager for MWRA. Lots of graphics PV-13 ¾. Interim sludge processing. 1990. fertilizer. Explains process. PV-14 ¾. Music Only. Dub. PV-15 Beta Master. MISSING. PV-16 ¾. Paintbox graphics. Map of harbor, blueprints? Map showing tunnels. Sub-master. PV-17 ¾. MISSING PV-18 ¾. MISSING PV-19 ¾. Bush Campaign Commercial, 1988. (polluted harbor) ** PV-20 ¾. Voice-overs for BHP video.
Footage follows in unnarrated segments. Construction PV-21 ¾. Emergency Drill .PV-22 ¾. Broll for Press. All titled.
Harbor aerials. Map of harbor. Deer island 1988 WS. River
Staging area. Marine Facilities. Interim sludge processing facility. Squantim
Point. PV-23 ¾. Boring drill / safety awareness. PV-24 ¾. Underwater shots of diffuser/ 11/91 PV-25 ¾. More underwater. 11 that are ¾ 2 that are ¾ that are MISSING PV-26 ¾. MISSING PV-27 ¾. PV-28 ¾. BHP overview. Weird
kraftwerktype music over graphics. Schematics. At 0: PV-29 ¾. FRSA overview 5/91. PV-30 ¾. FRSA plant overview. Voice-over
explains history of harbor and maps and sludge. PV-31 ¾. Broll (have seen all this on earlier
tapes) Harbor, maps, quiet harbor, deer island
facilities. Trucks entering. Workers arrive off ferry. Bunker 105 explosion.
Disposal of surplus in water.
clarifiers A& B. Tunnel. Boring machine. Effluent outfall tunnel
’91. Schematic of tunnels on map. PV-32 ¾. Same as 31. PV-33 ¾. MISSING PV-34 ¾. “It’s Working”- Target Productions
1992. About MWRA. VO tells history from interview (Exec. Director MWRA 1992). Richard Fox (project director). PV-35 ¾.”It’s Working” graphics Broll, prod by Target Prod 5/92, PV-36 ¾.Wendie Sakakeeny BHP vo tracks prod by RVA PV-37 ¾. Split Audio tracks for BHP prod by RVA - all graphic elements. 11 that are ¾ PV-38 ¾. MWRA graphics for BHP produced by C. Tressler for RVA 1/93. PV-39 ¾. MWRA (process flow) produced by C. Tressler for RVA 1/93. PV-40 ¾. MWRA graphics (slo mo/animation) produced by C. Tressler for RVA 1/93. Pv-41 ¾. “The Boston Harbor Project” (#2) prod by RVA. 2/93. Pv-42 ¾. Same as above. PV-43 ¾. Residual tanks construction 1993. (“eggs” arrive)/ placement of eggs. PV-44 ¾. BHP “residual treatment facility”
with Frank DePaola. He gives voice-over. PV-45 ¾. 1993 overview for Conservation
Law Exhibit. Ftg of PV-46 ¾. BHP: Tunnel Contstruction.
Aerials. Map. 1992. South shaft. Placing concrete. PV-47 ¾. Tunnel overview with narration.
PV-48 ¾. “Cave-In” From VHS with music
“down by the harbor.. I love dirty water” cute PROJECT VIDEOS PV 51-75 5 that are ¾ 6 that are MISSING 10 that are Beta 1 that is VHS. PV-51 3/4. US Department of the Interior.
Geological Survey. Animated model by Rich PV-52 3/4. Pelletizing Video. PV-53 3/4. “Down the Drain” has a Spanish
version (pv-56) and a D2 master for each. By PV-54 MISSING- d2 submaster of above. PV-55 3/4.“State of the Harbor Press Release: produced by RVA” 1994. PV-56 3/4. “Despues de el Drenje” produced by RVA. 1994. master PV-57 MISSING. Submaster of above. PV-58 3/4. MWRA inter-island tunnel
update November, 1994. Tony Steward, manager PV-59 VHS. “The PV-60 3/4. “Opercurso da Aqua” by rva. 1994. master. PV-61 Beta. BHP Press Roll #1: Outfall Tunnel. 1995. betaSP submaster. PV-62 Beta. BHP Press Roll #2: Clean
Water, Sampling, Jack up Barge, kids, boats, beauty PV-63 Beta. BHP Press Roll #3: Tall
ships, outfalls, sludge barge, old prison, bunker demo. PV-64 Beta. BHP Press Roll #4: Aerials 1989-1994. master. PV-65 Beta. “nut island headworks overview” 1995. master. PV-66 Beta. “employee orientation & safety awareness” 1995. PV-67 Beta. CP-301 residuals overview. 1991-1995. PV-68 Beta. CP 282 Tunnel Tour 95. PV-69 Beta. CP 151 Overview for Hole Through 1995. master PV-70 MISSING Inter-tunnel overview 1991-1995 PV-71 Beta.CP-151 Inter-Island Tunnel Overview 1991-1995. 1996. PV-72 MISSING PV-73 Beta. CP-282 Outfall diffusers press release. PV-74 MISSING PV-75 MISSING 19 that are Beta 8 That are missing PV-76 Beta. Baseline Monitoring Program.
(Westcott narration). 11/96. Map of outfall tunnel PV-77 MISSING PV-78 Beta. Training sessions. To go
along with printed instruction book. CCTV training PV-79 Beta. BHP Tunnel overviews. 3/97.
construction. Bulldozer lifted out of tunnel PV-80 MISSING PV-81 MISSING PV-82
Beta. Short overview. 12/97.
Narrated about PV-83
Beta. Litigation (edited VHS
and Hi8 not for public use.) PV-84 Beta. Nearfield station PV-85 Beta. Graphics and animation PV-86 MISSING PV-87
Beta. |