Settlement Reached with New England Gravel Company

United States Attorney Michael Sullivan and Robert Varney, regional administrator of the Environmental Protection Agency's New England Office, announced that the U.S. has reached a settlement with Boston Sand and Gravel Co., and two of its subsidiaries, Ossipee Aggregates Corp. and Southeastern Concrete to resolve claims that the companies violated the federal Clean Water Act at several facilities in Massachusetts. A civil complaint was also filed with the consent decree.

Under the consent decree BS&G will pay a civil penalty of $897,983 to resolve the government's claims. The company will also complete a supplemental environmental project that will cost the company $445,000.

The SEP is a wastewater recycling project at BS&G's Charlestown, Mass., facility.

After being informed of the government's civil enforcement action BS&G made considerable effort to achieve compliance at its facilities. The consent decree requires BS&G to maintain company compliance with the Clean Water Act in the future. The consent decree also requires the company to conduct multi-media compliance audits at its Massachusetts facilities. Additionally, BS&G agreed to develop a comprehensive environmental management system to identify potential environmental problems and correct them before they occur.

"EPA found significant Clean Water Act violations by Boston Sand and Gravel, the most serious at its Charlestown facility that is in the Charles River Basin," said Varney. "With this consent decree the company is showing not only a willingness to correct the problems but also to prevent pollution in the future."

The civil complaint alleges the following violations of the Clean Water Act at locations in Charlestown, Everett, Weymouth and South Boston, Mass.:

According to the complaint, at BS&G's Charlestown facility the company discharged truck wash water containing waste concrete material into the Millers River without a proper permit; failed to properly monitor and report for process wastewater discharges at its permitted outfall; discharged storm water without a permit; failed to monitor and report for storm water; and, failed to amend its storm water pollution prevention plan.

At a facility in Everett, Ossipee discharged storm water to the Island End River and the Mystic River without a permit; failed to complete an adequate storm water pollution prevention plan; and, failed to complete spill prevention, control, and countermeasure plan.

At a facility in Weymouth, Southeastern discharged storm water without a permit and failed to complete a timely and adequate storm water pollution prevention plan.

At its South Boston facility, BS&G failed to complete a spill prevention, control, and countermeasure plan.

"We considered these to be serious violations which warranted a significant penalty," said Sullivan. "The water resources of this Commonwealth are a precious resource that deserve vigorous protection. Companies who get caught violating the federal Clean Water Act can expect to face stiff consequences."

The most significant violations occurred at BS&G's Charlestown facility. The complaint alleges that the company repeatedly discharged process wastewater with extremely high levels of pH, a corrosive, into the Millers River without a permit. "