EPA settles stormwater violations with Massachusetts waste and recycling companies

The U.S. Environmental Protection Agency (EPA) has reached a consent agreement and final order (CAFO) with four Massachusetts waste and recycling companies for alleged Clean Water Act (CWA) stormwater violations across seven facilities.

According to EPA, E.L. Harvey & Sons, Inc., Trojan Recycling, Inc., Nauset Disposal Holdings, Inc., and Arrowhead Environmental Partners LLC — all indirect subsidiaries of Waste Connections U.S. Holdings, Inc. — were allegedly discharging industrial stormwater into nearby rivers, ponds, and brooks without required National Pollutant Discharge Elimination System (NPDES) permit coverage.

The affected waters include the Paskamansett River, Weweantic River, Salisbury Plain River, Hedges Pond, Seine Pond, and Bennetts Brook. Under EPA regulations, industrial facilities in Massachusetts must obtain authorization under the 2021 Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (MSGP), which outlines requirements for stormwater controls, inspections, monitoring, and maintaining a Stormwater Pollution Prevention Plan.

“Under the Clean Water Act, the federal government, states, and tribes each have an essential role in protecting the quality of our nation's waters by reviewing applications and issuing permits addressing pollutants discharged into our waterbodies,” said EPA New England Administrator Mark Sanborn in a press release. “Clean water is essential to our health, our environment, and our economy.”

EPA confirmed that all seven facilities have now applied for and received MSGP coverage. The companies agreed to pay a combined $170,000 civil penalty as part of the settlement. Copies of the CAFO are available upon request from EPA.