EPA v. J G MACLELLAN CO INC

Case summary

On September 6, 2018, Region 1 filed a consent agreement and final order resolving violations of the Clean Water Act by the J.G. MacLellan Concrete Co., Inc. at two facilities located in Lowell, Massachusetts and Milford, New Hampshire. The company manufactures concrete at both sites and also operates a sand and gravel mining facility at the Milford location. EPA alleged that the company violated provisions of the federal multi-sector general permit for stormwater discharges by failing to adequately implement best management practices, failing to conduct some facility inspections and failing to conduct some quarterly benchmark monitoring. EPA also documented ongoing discharges of process wastewater from truck washing activities at the Lowell site. In addition, EPA determined that the Facility failed to fully implement its Spill Prevention Control and Countermeasure (SPCC) plans at both facilities. The company has agreed to pay a penalty of $50,000 and spend $94,500 on a Supplemental Environmental Project, supported by the City of Lowell, which will reduce the amount of pollutants from stormwater flowing into the Merrimack River. The CWA is not delegated to the state of New Hampshire, but Region 1 has informed the state of this action

Defendants (1)

• J. G. Maclellan Co. inc.Named in complaintNamed in settlement

Facilities (2)

• J. G. MACLELLAN CONCRETE CO. INC.

  180 PHOENIX AVENUE, LOWELL, MA, 01852

  Registry ID: 110015756788

• GRANITE STATE CONCRETE CO. INC.

  ELM STREET, MILFORD, NH, 03055

  Registry ID: 110067017613

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• J G MACLELLAN CO INCentered 2018-09-06

  Primary law: CWA

  Federal penalty: $50,000 · SEP: $94,500

Timeline (3 milestones)

• 2018-09-06Enforcement Action Data Entered
• 2018-09-06Complaint Filed/Proposed Order
• 2018-09-06Final Order Issued