EPA v. SALISBURY HILL

Case summary

The Respondent is developing a 280 town house subdivision in Worcester, Massachusetts, (“Salisbury Hill Subdivision”). The site is approximately 72 acres in size with a disturbed area of 59 acres. Because Respondent is an operator of a site disturbing more than five acres, the Respondent was required to apply for either an individual NPDES permit or a promulgated NPDES General Permit for Storm Water Discharges from Construction Activities. The Respondent discharged from the site without a permit for approximately five years to a stream that ultimately flows into Beaver Brook, a tributary to the Blackstone River. In May of 2008 Respondent received coverage under the Construction General Permit but failed to implement and maintain sufficient best management practices in violation of the Permit. On several occasions from 2004 through 2008 there were observations reported discharges of sediment-laden water discharging from the Construction Site to the stream that is tributary to Beaver Brook.

Defendants (1)

• SALISBURY HILL (SB)Named in complaintNamed in settlement

Facilities (1)

• SALISBURY HILL

  727 SALISBURY STREET, WORCESTER, MA, 01609

  Registry ID: 110037116858

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 308 — Information Request, Records, Entry
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• SALISBURY HILLentered 2009-09-14

  Primary law: CWA

  Federal penalty: $10,000

Timeline (3 milestones)

• 2009-01-13Enforcement Action Data Entered
• 2009-04-07Complaint Filed/Proposed Order
• 2009-09-14Final Order Issued