Enforcement

Aggregate Industries Clean Water Act Settlement

(Boston, Mass. - August 6, 2009) - Aggregate Industries - Northeast Region Inc., will pay a $2.75 million civil penalty and implement a regional evaluation and compliance program to resolve numerous violations of the Clean Water Act at 23 facilities in Massachusetts and New Hampshire, the Justice Department and U.S. Environmental Protection Agency announced today.

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Overview of Company and Location of Facilities

Aggregate Industries - Northeast Region, Inc is a corporation organized under the laws of Massachusetts, with its principal place of business in Saugus, Massachusetts. Aggregate Industries, Northeast Region, Inc. is a fully owned subsidiary of Aggregate Industries, Inc., a company with facilities in six geographic areas across the United States. Aggregate Industries, Inc. is in turn privately owned by one of the largest construction materials firms in the world, a Swiss company called Holcim, Ltd.

The 23 facilities covered by this settlement are located in two states:

Massachusetts

  • Barre, MA
  • Berlin, MA
  • Chelmsford, MA
  • Everett, MA
  • Groveland, MA
  • Holliston, MA
  • Hyde Park, MA
  • Littleton, MA
  • Peabody, MA
  • Saugus, MA
  • Shrewsbury, MA
  • Stoughton, MA
  • Swampscott, MA
  • Taunton, MA
  • Waltham, MA
  • Watertown, MA (2 facilities)
  • Weymouth, MA
  • Wrenthan, MA

New Hampshire

  • Hudson, NH
  • Manchester, NH
  • Portsmouth, NH
  • Raymond, NH

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Injunctive Relief

The decree, which has already been implemented at many facilities, requires the development and implementation of an extensive management and reporting system designed to provide increased oversight of on- the-ground operations and ensure compliance with the stormwater requirements at all of Aggregate's facilities in Massachusetts and New Hamshire. The program consists of:

  • Training all personnel with operational responsibilities
  • Implementation of a management structure with specified inspections
  • Reporting stormwater issues and compliance assessments at all facilities that it owns and/or operates

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Pollutant Reductions

EPA estimates that as a result of this settlement, the total amount of pollutants reduced is 91,041 pounds. This amount is comprised of:

  • Sediment - 88,697 pounds per year
  • Oil and grease - 2,106 pounds per year
  • Iron - 114 pounds per year
  • Nitrate and Nitrogen -124 pounds per year

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Health and Environmental Effects

Discharges of stormwater runoff can have a significant impact on water quality. Several studies reveal that stormwater runoff from urban areas can include a variety of pollutants, such as sediment, bacteria, organic nutrients, hydrocarbons, metals, oil and grease.

Sediment-laden runoff results in increased turbidity and decreased oxygen in a stream, which in turn results in loss of in-stream habitat for fish and other aquatic species. It can kill fish directly, destroy spawning beds, and suffocate fish eggs and bottom-dwelling organisms.

Sediment-laden runoff can increase difficulty in filtering drinking water, resulting in higher treatment costs, and can result in the loss of drinking water reservoir storage capacity and decrease the navigational capacity of waterways. It also blocks light and reduces growth of beneficial aquatic grasses.

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Civil Penalty

The civil penalty is $2.75 million and will be paid to the US Treasury.

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State Partners

EPA Region 1 is the permitting authority for Massachusetts and New Hampshire.

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Comment Period

The proposed settlement, lodged in the U.S. District Court for Massachusetts, is subject to a 30-day public comment period and final court approval. Information on submitting comment is available at the Department of Justice website.

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For additional information, contact:

Kelly Kaczka Brantner
U.S. Environmental Protection Agency (2242A)
1200 Pennsylvania Ave., N.W.
202-564-9933
brantner.kelly@epa.gov