EPA v. ALDEN WOODS DEVELOPMENT II

Case summary

The Respondents are developers and a contractor at a construction site in Holden, Massachusetts, on which a residential subdivision (“Alden Woods Subdivision”) of 124 lots is being developed. The site is approximately 72 acres in size with a disturbed area of 29 acres. Because they are operators of a site disturbing more than five acres, the Respondents were required to apply for either an individual NPDES permit or a promulgated NPDES General Permit for Storm Water Discharges from Construction Activities. Two of the three Respondents failed to seek authorization to discharge under a permit and one Respondent obtained coverage over a year and a half after discharges from the construction site to Chaffins Brook, a Class A waterway, were observed. Erosion control measures installed by the Respondents were inadequate and poorly maintained. On numerous occasions between September of 2004 and May of 2006, the Commonwealth’s Department of Conservation and Recreation staff documented discharges of sediment-laden water discharging from the Construction Site to Chaffins Brook.

Defendants (3)

• ALDEN WOODS DEVELOPMENT II (SB)Named in complaint
• MCMANUS EXCAVATING CO INC (SB)Named in complaint
• C B BLAIR (SB)Named in complaint

Facilities (1)

• ALDEN WOODS DEVELPMENT

  WACHUSETT STREET, HOLDEN, MA, 01520

  Registry ID: 110024580461

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Timeline (3 milestones)

• 2006-12-13Enforcement Action Data Entered
• 2007-09-27Complaint Filed/Proposed Order
• 2007-10-25Enforcement Action Closed