Senator Moore Calls on State to Honor Commitments in Worcester–Holden Sewer Dispute

By-Hank Stolz

Photo-Radio Worcester

WORCESTER, MA-State Senator Michael Moore says the Commonwealth must uphold its obligations in a long-running legal battle between the City of Worcester and the Town of Holden over sewerage fees, a dispute now carrying potential liabilities of tens of millions of dollars.

Speaking on The Talk of the Commonwealth with Hank Stolz, Moore said Worcester acted in good faith more than two decades ago when it agreed to take on wastewater from surrounding towns at the request of state officials. At the time, the Metropolitan District Commission (MDC) signed a memorandum of understanding that later carried over to the Department of Conservation and Recreation (DCR) when state agencies were reorganized.

“The city of Worcester, in good faith, saves the state how many millions of dollars?” Moore said. “And now those municipalities who were disputing—mainly Holden—did not pay the appropriate rate. The city of Worcester is now going without the reimbursements to operate the facility.”

Moore pointed to Section 6.2 of the 2000 agreement, which stipulates that the state, through the MDC and now DCR, would be responsible for ensuring towns pay Worcester. The contract provided for a “cherry-sheet interceptor” process if municipalities fell behind. But Moore says the Healey-Driscoll administration has argued that process is no longer legal.

“If that process is determined inappropriate or illegal, find another way to do it,” Moore said. “You are the one in good faith that made the promise that you would reimburse the city rates.”

Holden, Worcester Both Claim “Right”

The dispute has already been through the courts, with Holden successfully arguing that the fees it was charged were too high. Stolz noted the unusual position both sides now find themselves in: “Holden can say, ‘We’re being overcharged,’ and Worcester can also be right in saying, ‘Your beef is with the state, not us. We just were doing what we were asked to do.’”

Moore agreed, saying the city has no direct contract with Holden and that any disagreements over rates should have been resolved through the dispute resolution process outlined in the agreement. “The city of Worcester is correct,” Moore said. “They have a contract with DCR. They don’t have a contract with Holden and the other two communities.”

The senator suggested Worcester may ultimately have to sue the state itself. “What municipality is going to sign a contract with the state if they’re not going to honor their agreement?” he asked.

Facing a Heavy Bill

Court rulings so far have gone against Worcester, leaving the city potentially on the hook for $30 to $40 million once interest and penalties are factored in. Holden had previously offered to settle for $10 million, a deal Worcester declined.

Moore said the situation is untenable. “If this was me, I’d be trying to work out some sort of deal with the pending judgment,” he said. “But I’d also be saying, ‘Okay, you get ten years to the state, go back and build a new system. We’re shutting this off. Obviously we can’t trust you.’”

For now, Moore said the Central Massachusetts legislative delegation continues to advocate for Worcester, but the next move may rest with the courts.

PFAS in Firefighter Gear

The conversation closed on another issue of concern to Moore: firefighter safety equipment. The senator said he and more than 100 lawmakers have asked the Attorney General’s office to address PFAS chemicals in turnout gear.

Moore noted that the City of Quincy recently purchased gear marketed as PFAS-free, only to later learn that the toxic chemicals were in fact present. “It’s ridiculous that the city would have to be going through this,” Moore said. “Especially when you know that over the years, the rate of cancer that firefighters have been subject to and the losses that families have incurred.”