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01-2016-2029Administrative - FormalFinal Order IssuedFY 2016· Region 01

EPA v. FOSTER MATERIALS INC

Final Order With Penalty

Case summary

On August 31, 2016, Region 1 filed a consent agreement and final order (CAFO) resolving Clean Water Act violations against Foster Materials, Inc. for discharging process water from a settling pond into the Contoocook River without authorization. Foster Materials owns and operates a sand and gravel mine and production facility in Henniker, New Hampshire. As a part of the sand washing operation at the facility, Foster Materials operates three serial connected infiltration ponds. The material washing process creates water laden with dirt and fine sediment. The Region documented two instances where the company discharged sediment laden water into the river. Under the terms of the CAFO, the company has agreed to pay a $20,000 penalty. The case was initiated based on a tip from the New Hampshire Department of Environmental Services and the Region worked in close coordination with the State.

Defendants (1)

  • Foster Materials Inc (SB)Named in complaintNamed in settlement

Facilities (1)

  • FOSTER MATERIALS INC

    1778 OLD CONCORD RD, HENNIKER, NH, 03242

    Registry ID: 110028259248

Statutes cited

  • CWA 301/402NPDES Permit Violations

Enforcement conclusions (1)

  • FOSTER MATERIALS INCentered 2016-08-31

    Primary law: CWA

    Federal penalty: $20,000

Timeline (3 milestones)

  • 2016-08-31Final Order Issued
  • 2016-08-31Complaint Filed/Proposed Order
  • 2016-08-31Enforcement Action Data Entered

Case metadata

EPA activity ID
3600792100
Case number
01-2016-2029
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 01-2016-2029 . 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.