EPA v. BACON-AGOSTINI CONSTRUCTION CO INC

Case summary

On July 19, 2016, Region 1 filed a consent agreement and final order (CAFO) resolving Clean Water Act violations against Bacon-Agostini Construction Co., Inc. (Bacon-Agostini) and K.R. Rezendes, Inc. (Rezendes) for failing to have all site operators apply for and obtain a National Pollutant Discharge Elimination System (NPDES) permit, discharging stormwater without a permit, and violating certain terms and conditions of the EPA Construction General Permit (CGP). Bacon-Agostini is the general contractor for a construction project site in Somerset, Massachusetts that included the demolition and construction of a new regional high school and the construction of new parking lots, tennis courts, and athletic fields. Rezendes was the excavation subcontractor for the site at the site. The complaint alleged that the companies, among other things, failed to design and/or install adequate erosion control measures/best management practices (BMPs), failed to perform the required maintenance of the BMPs, failed to develop an adequate storm water pollution prevention plan for the site, and discharged stormwater from the Site to the Town municipal separate storm sewer system without complying with the CGP. Under the terms of the CAFO, the companies have agreed to pay a $49,500 penalty.

Defendants (2)

• Bacon-Agostini Construction Co Inc (SB)Named in complaintNamed in settlement
• K R Rezendes Inc (SB)Named in complaintNamed in settlement

Facilities (1)

• SOMERSET BERKLEY REGIONAL HIGH SCHOOL

  625 COUNTY STREET, SOMERSET, MA, 02726

  Registry ID: 110054118860

Statutes cited

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

Enforcement conclusions (1)

• BACON-AGOSTINI CONSTRUCTION CO INCentered 2016-07-18

  Primary law: CWA

  Federal penalty: $49,500

Timeline (3 milestones)

• 2015-03-31Complaint Filed/Proposed Order
• 2015-04-08Enforcement Action Data Entered
• 2016-07-18Final Order Issued