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Thursday, April 25, 2024

Massachusetts alleges stone, gravel mining facility is polluting wetlands with stormwater discharge

Federal Court
Water106

BOSTON (Legal Newsline) – The commonwealth of Massachusetts alleges a stone and gravel mining facility is discharging polluted stormwater into wetland areas. 

The commonwealth filed a complaint Dec. 4 in the U.S. District Court for the District of Massachusetts against Milford Stone Co. Inc. alleging violation of the Federal Clean Water Act, noncompliance of a federal stormwater permit, violation of Massachusetts Wetlands Protection Act and wetlands regulations and Massachusetts Clean Waters Act.

The plaintiff alleges that Milford is discharging polluted stormwater from its sand and gravel mining facility in Milford, Massachusetts. The plaintiff claims that the alleged polluted water empties into wetlands southeast and northwest of the facility and includes sediment of loose sand, clay, gravel, silt and other material. 

The plaintiff seeks monetary relief of up to $37,500 per day for each Federal Clean Water Act violation on or before Nov. 2, 2015; $54,833 per day for each Clean Water Act violation that occurred after Nov. 2, 2015; $25,000 per day for each Wetlands Protection Act violation; and $50,000 per day for each Clean Water Act violation and all other just relief. It is represented by Nora Chorover, special assistant attorney general for the Environmental Protection Division of the Office of the Attorney General in Boston.

U.S. District Court for the District of Massachusetts case number 4:19-cv-12449-TSH 

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