CONCORD, N.H. (Legal Newsline) – A nonprofit organization focused on protecting New England's environment alleges a sand and gravel facility in New Hampshire is unlawfully discharging polluted storm water.
Conservation Law Foundation Inc. filed a complaint on Sept. 17 in the U.S. District Court for the District of New Hampshire against Del R. Gilbert & Son Block Co. Inc. and Province Road Properties LLC citing the Federal Water Pollution Control Act, or the Clean Water Act.
According to the complaint, the plaintiff alleges that the defendants have discharged and continue to discharge polluted storm water and process wastewater from their sand and gravel facility in Laconia, New Hampshire. It alleges the pollutants present in the storm water include iron, diesel/gas fuel, heavy metals and other materials.
The plaintiff holds Del R. Gilbert & Son Block Co. Inc. and Province Road Properties LLC responsible because the defendant allegedly discharged and continue to discharge industrial storm water from the facility without authorization under a valid National Pollution Discharge Elimination System (NPDES) permit and failed and continue to fail to obtain permit coverage under an individual NPDES permit for process wastewater discharges from their facility.
The plaintiff requests a trial by jury and seeks civil penalties of $37,500 per day, award of costs, and any such other and further relief as the court may deem appropriate. It is represented by Zachary K. Griefen of Conservation Law Foundation Inc. in Montpelier, Vermont.
U.S. District Court for the District of New Hampshire case number 1:18-cv-00835-JL