EPA v. FAFARD REAL ESTATE & DEVELOPMENT CORP

Case summary

3/14/19 Fafard has three home development projects that were not in full compliance with the Construction General Permit. EPA will pursue an administrative case against Fafard for these violations by filing an APO. 7/8/19 Region 1 issued a Consent Agreement and Final Order (CAFO) to resolve an administrative complaint against the related entities Fafard Real Estate and Development Corp., Longview Realty Trust, Bellingham Residential Realty, LLC, and Uxbridge Multi Family Realty, LLC, for violations of the NPDES General Permit for Storm Water Discharges from Construction Activities (Construction General Permit) with respect to construction activity at one site in Uxbridge, Massachusetts and two sites in Bellingham, Massachusetts. The Respondents owned and operated the construction sites, which collectively disturbed over 15 acres, including grubbing, clearing, grading, filling, and excavation activities at the site. EPA alleged a total of nine violations of the Construction General Permit at the three sites. In the CAFO, the Respondents are to pay $48,000 in penalties for the alleged violations. The Commonwealth of Massachusetts is not delegated to implement the NPDES program but supports the Region?s efforts to enforce the Construction General Permit.

Defendants (4)

• Longview Realty TrustNamed in settlement
• Bellingham Residential Realty, LLCNamed in settlement
• Uxbridge Multi Family Realty, LLCNamed in settlement
• Fafard Real Estate & Development CorpNamed in complaintNamed in settlement

Facilities (1)

• FAFARD REAL ESTATE & DEVELOPMENT CORPORATION

  CROWNSHIELD AVENUE, UXBRIDGE, MA, 01569

  Registry ID: 110045507126

Statutes cited

• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• FAFARD REAL ESTATE & DEVELOPMENT CORPentered 2019-07-08

  Primary law: CWA

  Federal penalty: $48,000

Timeline (3 milestones)

• 2019-03-14Complaint Filed/Proposed Order
• 2019-04-15Enforcement Action Data Entered
• 2019-07-08Final Order Issued