(BOSTON 8/29/2025) — This week, two state senators and four state representatives representing the City of Worcester sent a letter to Executive Office of Energy and Environmental Affairs (EEA) Secretary Rebecca Tepper and Massachusetts Department of Conservation and Recreation (DCR) Commissioner Nicole LaChapelle asking the DCR to uphold its payment obligations as outlined in a sewer use agreement between the agency preceding DCR and the City of Worcester.

The agreement, signed in 2000, outlines a policy that allowed the towns of Holden, Rutland, and West Boylston to transfer their wastewater through the City of Worcester’s sewer system for treatment, eliminating the need for a new water filtration plant for the towns that was estimated to cost nearly $1 billion. In exchange for its water treatment services, Worcester received its preferred reimbursement rate calculation method. While DCR’s role, as outlined in the agreement, was to ensure Worcester received payment for these services, DCR has not upheld its end of the agreement as Holden has recently failed to pay its bill.

“The City of Worcester did not have to sign this agreement,” said Senator Michael Moore (D-Millbury). “In entering this deal with the Department of Conservation and Recreation, the city saved the Commonwealth of Massachusetts – and by extension the taxpayers – $1 billion. All Worcester asked was that DCR ensure the fees for its services were paid on time and in full. With the Town of Holden unable or unwilling to pay Worcester for the use of its wastewater treatment services, the least DCR can do is uphold its end of the deal and secure the funding that the city is rightfully owed.”

"For 25 years, the City of Worcester has upheld its responsibility to transport wastewater from the towns of Holden, Rutland, and West Boylston through their sewer system as part of an intermunicipal agreement brokered by the state. This arrangement has proved to be a valuable and cost-effective public service, saving taxpayers over a billion dollars in additional infrastructure costs,” said Representative Jim O’Day (D-West Boylston). “Despite promises from the state's Department of Conservation & Recreation (DCR) that Worcester would be paid fairly for this service, the city has been left carrying an immense financial burden. It's time that the Commonwealth honor its clear responsibility under the contract, enforce the agreement, and restore fairness to its residents.”

“For over 20 years, the city of Worcester has provided a critical service to the towns of Holden, West Boylston, and Rutland, saving these towns and the Commonwealth upwards of a billion dollars,” said Senator Robyn Kennedy (D-Worcester). “From day one, the Department of Conservation and Recreation was at the center of the agreement between Worcester and the towns. It is unacceptable for DCR to abdicate its responsibility to manage that agreement and to collect the fees that are owed to Worcester for use of their wastewater treatment services. The Worcester State Legislative Delegation has and will continue to push to ensure Worcester is paid for the services it provides.”

In the agreement, the Department of Conservation and Recreation has two methods of collecting fees for the towns’ use of Worcester’s wastewater infrastructure if the town does not make its required payments. The first, called the ‘Cherry Sheet Intercept’ process, allows the DCR to collect what is owed to Worcester from the town’s local aid from the Legislature. The second allows DCR to request a legislative appropriation to pay the city. It is stated in the 2000 deal: “Should any town fail to remit such payment within 30 days, the [DCR] shall initiate the Cherry Sheet Intercept process against the town and request a legislative appropriation and authorization to pay Worcester.” Despite this clear language, DCR in 2023 sent a letter to legislative leadership in which they omitted their obligations to start the Cherry Sheet Intercept process to collect the funds before going to the Legislature for the dollars.

DCR claims that it does not have the authority to intercept Cherry Sheets despite previously sending a letter to Holden threatening to use the authority to uphold the fee structure outlined in the contract. The delegation’s letter to DCR states that the legal basis for this claim is unclear and asks the agency to explain how they came to that conclusion.

“Twenty-five years ago, the City of Worcester, in good faith, negotiated and entered into an agreement with DCR. It’s time for DCR to fully perform and honor the good faith agreement between the state and the City of Worcester. The City of Worcester should be made whole by DCR under the terms of the agreed-upon contract,” the letter states.

The letter is signed by Senators Michael Moore and Robyn Kennedy, as well as Representatives James O’Day, David LeBoeuf, Daniel Donahue, and John Mahoney. A full version of the letter can be found online here.

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