EPA v. BIRD INCORPORATED dba CERTAINTEED CORPORATION

Case summary

On September 26, 2016, Region 1 filed a consent agreement and final order resolving Clean Water Act violations against Bird, Inc. and Certainteed Corporation (Respondents) for failing to comply with the terms and conditions of NPDES permits, discharging stormwater without a permit, failing to comply with SPCC regulations, and discharging oil into navigable waters in a quantity that has been determined to be harmful. Respondents own and operate a fiberglass/asphalt roofing materials manufacturing facility in Norwood, Massachusetts. The CAFO requires Respondents to pay a civil penalty of $120,800 and to perform a Supplemental Environmental Project SEP worth approximately $100,190 in total. The SEP has two principal components: (1) a hotspot monitoring program, to collect and analyze water quality samples from known chronically polluted stream reaches and other problem points; and (2) a stormwater retrofit design project, to identify, prioritize, and design structural stormwater retrofit projects that will reduce the discharge of stormwater pollutants to the Neponset River watershed.

Defendants (2)

• CERTAINTEED CORPORATIONNamed in complaintNamed in settlement
• BIRD INCORPORATEDNamed in complaintNamed in settlement

Facilities (4)

• SAINT GOBAIN CERTAIN TEED CORP

  1077 PLEASANT STREET, NORWOOD, MA, 02062

  Registry ID: 110022354959

• SAINT GOBAIN CERTAIN TEED CORP

  1077 PLEASANT STREET, NORWOOD, MA, 02062

  Registry ID: 110022354959

• SAINT GOBAIN CERTAIN TEED CORP

  1077 PLEASANT STREET, NORWOOD, MA, 02062

  Registry ID: 110022354959

• SAINT GOBAIN CERTAIN TEED CORP

  1077 PLEASANT STREET, NORWOOD, MA, 02062

  Registry ID: 110022354959

Statutes cited

• CWA 301/307 — Effluent Limitations - NPDES Toxic & Pretreatment Effluent Standards
• CWA 311B — Oil & Hazardous Substances Discharge
• CWA 311J — SPCC and/or Federal Response Plan Violations
• CWA 301/402 — NPDES Permit Violations
• CWA 301 — NPDES Discharge without a Permit

Enforcement conclusions (1)

• BIRD INCORPORATED AND CERTAINTEED CORPORATIONentered 2016-09-26

  Primary law: CWA

  Federal penalty: $120,800 · SEP: $100,192

Timeline (5 milestones)

• 2016-09-26Complaint Filed/Proposed Order
• 2016-09-26Final Order Issued
• 2016-09-28Enforcement Action Data Entered
• 2023-12-07NPDES Closed
• 2023-12-07Enforcement Action Closed