The Massachusetts Attorney General’s Office (AGO) announced a settlement with Atlantic Oliver II Francis Avenue, LLC (Oliver) over allegations that the company violated the Federal Clean Water Act by illegally discharging industrial stormwater into the Canoe River in Mansfield. The company will make payments totaling $120,000 under the settlement, most of which will fund projects to improve local water quality in the Taunton River watershed.
The settlement has been filed in the U.S. District Court for the District of Massachusetts on August 7th and is pending court approval. If approved, it would resolve allegations that Oliver violated the Federal Clean Water Act by allowing industrial stormwater to discharge into the Canoe River Wetlands without obtaining or complying with the necessary federal permit. According to the AGO’s complaint, for at least five years, stormwater from the facility has flowed over the ground surface, motor vehicles, and other industrial equipment, picking up pollutants and carrying them into an exposed water channel that flows to wetlands adjacent to the Canoe River, which is in the Taunton River watershed. Part of this area is within the Hardy Conservation Area, which is an important resource for local communities and plays a critical part in the Canoe River Greenbelt that runs through the towns of Sharon, Foxborough, Mansfield, Easton, and Norton.
The settlement, if approved by the court, requires Oliver to take action to mitigate stormwater discharge from its facility and pay $45,000 to the Natural Resources Trust of Mansfield, $45,000 to the Taunton River Watershed Alliance for projects to benefit water quality in the Taunton River watershed, and $30,000 to the AGO for the reimbursement of attorney’s fees.
Stormwater pollution is regulated under a variety of Federal Clean Water Act permits and is recognized as the largest threat to water quality in the state. Stormwater discharged from land transportation and warehousing facilities is likely to contain numerous pollutants, which can pose harm to water quality and aquatic life. Certain industrial facilities in Massachusetts must obtain specific authorization for stormwater discharges, properly monitor and control stormwater discharges, and comply with state water protection laws.
Today’s announcement is part of a civil enforcement initiative out of the AGO’s Environmental Protection Division, which combats pollution by enforcing the requirements of federal environmental laws including the Federal Clean Water Act and the Federal Clean Air Act in Massachusetts. Since launching this initiative in 2018, the Division has reached more than 20 settlements and recovered more than $2,000,000 for local environmental improvement projects and civil penalties. The Division has prioritized directing settlement funds to support communities who have been impacted by violations and historically overburdened by environmental harm.
The case was handled by Assistant Attorneys General Emily Mitchell Field and Helen Yurchenco of the AGO’s Environmental Protection Division and Federal Enforcement Case Coordinator Muhammad Diallo.
Original source can be found here.