Enforcement

Newport Sand and Gravel Co., Inc., and Carroll Concrete Co. Inc., Settlement

(Washington, DC - September 26, 2011) Newport Sand and Gravel Co., Inc. and Carroll Concrete Co., Inc., of Newport N.H., will pay a $200,000 civil penalty and implement a compliance program to resolve numerous violations of the Clean Water Act at five facilities in Vermont and New Hampshire.

Under the terms of a consent decree, the companies will implement storm water pollution control measures designed to reduce the impacts of storm water discharges into surface waters. The five facilities that are the subject of this consent decree are located in Newport, N.H. (two facilities), and the Vermont communities of Berlin, Guildhall and Swanton. The penalty in this case was reduced to $200,000 based on the financial condition of the companies.

On this page:

Overview of Company and Facility Locations

Newport Sand & Gravel Co. Inc, and Carroll Concrete Co., Inc. (collectively NSG), operate over 20 ready-mix concrete and sand and gravel facilities in New England. NSG's headquarters are located in Newport, N. H. The five facilities that are the subject of this consent decree are located in:

  • Newport, N. H. (two facilities)
  • Berlin, Vt.
  • Guildhall, Vt.
  • Swanton, Vt.

Top of Page

Violations

  • Violations of the Clean Water Act (CWA) requirements for stormwater have occurred at four NSG facilities.
  • NSG had unauthorized process water discharges from two facilities.
  • NSG did not submit timely applications for permit coverage at three Vermont facilities.
  • NSG violated the storm water permits by failing to fully implement permit requirements. Specifically, NSG failed to prepare and implement adequate storm water pollution prevention plans (SWPPPs), failed to conduct annual sampling required by the permits, failed to perform, record, and maintain various inspections, and violated water quality standards for pH.

Top of Page

Injunctive Relief

The consent decree requires NSG to implement a compliance program that will ensure adequate management and oversight of its concrete manufacturing facilities. The compliance program, valued at approximately $300,000 includes:

  • Maintaining compliance with the federal and Vermont Multi-Sector General Permit and all of its SWPPPs
  • Conducting an initial comprehensive facility compliance evaluation for each construction materials facility that it operates in New England
  • Designation of a qualified storm water compliance manager and designation of storm water on-site operations managers
  • CWA employee training
  • Conducting additional inspections, storm water monitoring, sampling, and reporting to EPA

Top of Page

Pollutant Reductions

As a result of this settlement, EPA estimates the sediment discharged in storm water runoff to be reduced annually by:

  • 3,731 pounds of total suspended solids
  • 310 pounds of iron
  • 23 pounds of oil and grease
  • 8 pounds of Nitrate/Nitrite

Top of Page

Health and Environmental Impacts

Discharges of storm water runoff, including runoff from concrete and sand and gravel sites, can have a significant impact on water quality. In addition to sediment, as storm water flows over the facility, it can pick up other pollutants such as debris, pesticides, petroleum products, chemicals, solvents, asphalts and acids that may also contribute to water quality problems.

Sediment-laden runoff can result in increased turbidity and decreased oxygen in receiving waters, which in turn results in loss of in-stream habitat for fish and other aquatic species. Sediment can kill fish directly, destroy spawning beds, suffocate fish eggs and bottom dwelling organisms, and block sunlight resulting in reduced growth of beneficial aquatic grasses. In addition, sediment can impact the treatment of 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.

Top of Page

Civil Penalty

As part of the settlement, NSG will pay a penalty of $200,000 (plus interest) to the United States, payable over three years.

Top of Page

For more information, contact:

Melissa Raack
U.S. EPA
1200 Pennsylvania Avenue, NW (2243A)
Washington, DC 20460
(202) 564-7039
Melissa Raack (raack.melissa@epa.gov)

Top of Page