The Massachusetts Attorney General’s Office (AGO) announced a settlement with Allied Recycling Center, Inc. (Allied) to resolve allegations that Allied committed a series of violations of the Federal Clean Water Act over a period of years, resulting in numerous illegal stormwater discharges. The agreement requires that Allied install and operate a new stormwater system to minimize future stormwater pollution from its Walpole facility, pay $87,500 to the Southwest Boston Community Development Corporation to fund projects that improve local water quality in the Neponset River watershed, and pay $30,000 in attorney fees and costs. Allied previously settled a lawsuit with the AGO in 2014 for environmental violations at the same location.
The settlement with Allied, filed in the U.S. District Court for the District of Massachusetts on August 20th and pending court approval, resolves the AGO’s claims that Allied illegally discharged industrial stormwater containing lead, zinc, aluminum, copper, and other pollutants into wetlands that are connected to the Neponset River without obtaining and complying with the necessary federal permit. The complaint also alleges that Allied subsequently obtained permit coverage, and thereafter failed to take required steps under that permit to minimize pollutants in its stormwater discharges.
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. 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 that focuses on combatting pollution by enforcing the requirements of 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 21 settlements and recovered more than $2,090,000 for local environmental improvement projects and civil penalties. The Division has also prioritized directing settlement funds from appropriate enforcement actions to support communities that have been impacted by violations and historically overburdened by environmental harm.
The case was handled by Deputy Chief Louis Dundin and Federal Enforcement Case Coordinator Muhammad Diallo of the Environmental Protection Division.
Original source can be found here.