Town of Lincoln v. City of Pawtucket

745 A.2d 139, 2000 R.I. LEXIS 27, 2000 WL 146814
CourtSupreme Court of Rhode Island
DecidedFebruary 7, 2000
Docket98-325-Appeal
StatusPublished
Cited by7 cases

This text of 745 A.2d 139 (Town of Lincoln v. City of Pawtucket) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Town of Lincoln v. City of Pawtucket, 745 A.2d 139, 2000 R.I. LEXIS 27, 2000 WL 146814 (R.I. 2000).

Opinion

OPINION

WEISBERGER, Chief Justice.

This case comes before us on the appeal of the municipalities of Lincoln, Smithfield, Cumberland, and East Providence, and Sue P. Sheppard, a resident and property owner in the Town of Lincoln (collectively referred to as plaintiffs), from a judgment entered in the Superior Court denying the plaintiffs’ claims for relief. We affirm the judgment of the Superior Court. The facts of the case as found by the trial justice are as follows:

“The Narragansétt Bay Commission [ (NBC) ] has developed a large-scale project, the object of which is to abate what are known as combined sewer overflows or CSO’s which occur in the communities of Providence, Pawtucket, and Central Falls. Combined sewer overflows are overflows of storm water and sewer water which flow into one of the state’s rivers when a significant rain storm occurs and the sewer system overflows.
“The overflow is made up of a combination of sewer water and storm water which otherwise would be diverted, by assistance, to the appropriate treatment facility. During a rain event, the system regulates the flow and permits the *141 overflow to discharge through the CSO outfall pipes into the river. Combined sewer overflows into the State’s water systems are unlawful under the Federal Clean Water Act. The remediation project is a multi-million dollar project, the cost of which will be spread among the rate payers that fall within the district comprising Providence, Johnston, North Providence, Pawtucket, Cranston, Central Falls, Lincoln, Cumberland, East Providence, and part of Smithfield. I don’t think I’ve left anyone out.
“The project is designed to remediate CSO’s occurring in both of the Narragansett Bay Commission service areas; that is, the Field’s [sic] Point service area and the Buckland Point service area. The points at which the CSO’s occur all lie within Providence, Central Falls, Pawtucket and East Providence. None occur in the towns of Cumberland[,] Lincoln, or Smithfield, nor do any occur in Johnston or North Providence. The sewer system for the NBC municipalities is such that the outlying communities of Johnston, North Providence, Smithfield, and Cumberland are upstream communities whose sanitary flows feed into the Narragansett Bay Commission interceptors which then transmit those sanitary flows to one of the two treatment facilities or into a river in the event of a rain storm causing an overflow. Lincoln, Central Falls, Pawtucket and Providence and East Providence are down stream communities in that by the time their sanitary flow joins the system, the system already contains the sanitary flow from other upstream communities. A small part of Central Falls enjoys an upstream position in that the sanitary flow joins the Moshassuck Valley interceptor to the north of Lincoln, Cumberland and Pawtucket and ultimately Providence and East Providence.
“The towns of Lincoln and Cumberland have constructed, or are in the process of constructing, sewer and storm water systems which separate storm water from sewer flow. This type of system is called a separated system. For the most part it is only sewer water which flows from these communities into the NBC interceptors. The communities who have older systems have what are call [sic ] the combined systems. There, the sewer water and storm water is not separated. The effect is to increase the sanitary flow into the interceptors. It is the addition of storm water during a rain event which causes the overflow into the State’s rivers. But, while it is primarily the storm water from the older combined systems which precipitates any given CSO, the sewer water component of the CSO is made up of sewer water flowing from each of the municipalities lying upstream from the site of the CSO. It is the combined sanitary flow from all of the municipalities lying upstream from the CSO which empties into the river. This includes waste water from all the upstream communities. “The unrefuted testimony of Paul Pi-neau [sic], director of NBC, was that the sanitary flow from Cumberland, Smithfield and Lincoln increases during a rain event, although the specific cause of the increase is unknown. The sanitary flow from Cumberland, Smithfield, and Lincoln is •within the capacity of the NBC interceptors, regardless of whether or not that flow is increased during a rain event.
“Broadly speaking, Lincoln, Smithfield, and Cumberland each claim that, as individuals charged rates under the NBC rate scheme, they are unfairly being charged with the cost of remediating a problem which would not exist but for the downstream combined system. It’s a broad claim of all of the plaintiffs. “While the plaintiffs here have addressed themselves to the C[S]0’s occurring in Buckland Point service areas, the NBC project at issue directs itself to the remediation of C[S]0’s in Providence as well as Pawtucket and Central Falls. The proposed tunnel and tank system *142 would be constructed throughout Central Falls, Pawtucket and Providence. The water users of all of the ten NBC municipalities would bear the cost of the project. Johnston, North Providence and East Providence are upstream of the Field [sic] Point Service Area. By their exhibits, their sanitary flow joins the C[S]0’s in Providence.”

The parties entered into sixty-four stipulations of fact, but the heart of the ultimate factual situation is adequately portrayed by the findings of the trial justice. We shall add for clarity that the parties have stipulated that the former Blackstone Valley district commission (BVDC) has now been merged into and succeeded by the Narragansett Bay water quality management district commission (NBC). This latter agency has been authorized pursuant to G.L.1956 § 46-25-67 and § 46-25-68(0 to issue revenue bonds, notes, and obligations, to implement the remediation of combined sewer overflows (CSO’s), and to make capital improvements to eliminate or palliate pollution of Narragansett Bay. The trial justice also found that NBC has developed a large-scale project, the objective of which is to abate CSO’s that occur in Providence, Pawtucket, and Central Falls. CSO’s are overflows of storm water and sewer water that flow into one of the state’s rivers when a significant rainstorm occurs and the sewer system overflows. Section 46-25-5(9) empowers NBC to assess users a reasonable charge for the use, operation, maintenance, and improvements of the system., Pursuant to § 46-25-22, NBC has the further authority to collect assessments against users in the same manner as taxes are collected by municipalities. Unpaid charges will constitute a lien against users’ real estate. General Laws 1956 § 46-25.1-l(d) empowers NBC with the authority and responsibility to construct, operate, and manage sewer treatment facilities that deal with waste from the Blackstone and Moshassuek Valleys. The Legislature in § 46-25-2 made certain specific findings:

“(1) There exists [sic] in the Providence metropolitan area and Narragansett Bay severe water quality problems resulting from the discharge of pollutants, conventional, and unconventional, into Narragansett Bay.

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Bluebook (online)
745 A.2d 139, 2000 R.I. LEXIS 27, 2000 WL 146814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-lincoln-v-city-of-pawtucket-ri-2000.