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01-2013-2005Administrative - FormalFinal Order IssuedFY 2013· Region 01

EPA v. JH LYNCH & SONS (PULASKI AVE)

Final Order With Penalty

Case summary

On December 10, 2012, the Region issued a Complaint seeking penalties against the Massachusetts Department of Transportation and its contractor, J.H. Lynch & Sons, Inc., resulting from violations of their general permits regulating stormwater discharges from construction sites. The complaint alleges failure to install and maintain adequate best management practices resulting in discharges of heavily silted stormwater into the Peters River and Arnolds Brook in Bellingham, Massachusetts. On May 14, 2013, the Region issued a Consent Agreement and Final Order (“CAFO”) settling a Clean Water Act penalty against the Massachusetts Department of Transportation and its contractor, J.H. Lynch & Sons, Inc., resulting from violations of their general permits regulating stormwater discharges from construction sites. The complaint alleged failure to install and maintain adequate best management practices resulting in discharges of heavily silted stormwater into the Peters River and Arnolds Brook in Bellingham, Massachusetts. The settlement provides that the Respondents will pay a penalty of $55,000.

Defendants (1)

  • JH LYNCH & SONSNamed in complaintNamed in settlement

Facilities (1)

  • PULASKI BOULEVARD RECONSTRUCTION

    PULASKI BOULEVARD, BELLINGHAM, MA, 02019

    Registry ID: 110042374132

Statutes cited

  • CWA 301/402NPDES Permit Violations

Enforcement conclusions (1)

  • JH LYNCH & SONS (PULASKI AVE)entered 2013-05-14

    Primary law: CWA

    Federal penalty: $55,000

Timeline (3 milestones)

  • 2012-10-23Enforcement Action Data Entered
  • 2012-12-10Complaint Filed/Proposed Order
  • 2013-05-14Final Order Issued

Case metadata

EPA activity ID
3000076655
Case number
01-2013-2005
Lead agency
EPA
EPA region
01
Voluntary self-disclosure
No
Primary statute
NPDES Permit Violations

Sourced verbatim from EPA ECHO Enforcement Case Report for case 01-2013-2005 . Bulk data: ICIS-FEC download summary.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.