EPA v. BORREGO SOLAR SYSTEMS INC / MASS MIDSTATE SOLAR

Case summary

On November 2, 2015, Region 1 filed a consent agreement and final order (CAFO) settling an administrative penalty complaint under the Clean Water Act against Borrego Solar Systems, Inc. (Borrego). Borrego failed to comply with several provisions of the NPDES General Permit for Stormwater Discharges from Construction Activities during the construction of three solar panel arrays in Warren, Massachusetts in 2013-2014. Specifically, Borrego failed to install specified stormwater detention basins before earth-disturbing activities were begun, failed to construct stormwater detention basins to design specifications, and failed to install and maintain fabric filters to prevent erosion off the perimeter of the site. Approximately 10-35 cubic yards of sediments were discharged into nearby brooks and wetlands as a result of these failures. The CAFO calls for Borrego to pay a $ 90,000 penalty.

Defendants (1)

• Borrego Solar Systems (SB)Named in complaintNamed in settlement

Facilities (2)

• MASS MIDSTATE SOLAR 1

  361 LITTLE REST ROAD, WARREN, MA, 1083

  Registry ID: 110057115991

• MASS MIDSTATE SOLAR 3

  361 LITTLE REST ROAD, WARREN, MA, 1083

  Registry ID: 110057109203

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• BORREGO SOLAR SYSTEMS INC / MASS MIDSTATE SOLARentered 2015-11-02

  Primary law: CWA

  Federal penalty: $90,000

Timeline (3 milestones)

• 2015-05-12Complaint Filed/Proposed Order
• 2015-05-12Enforcement Action Data Entered
• 2015-11-02Final Order Issued