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LAWSUITS NEWS & LEGAL INFORMATION

Construction Storm Water

Boston, MA: (Nov-05-07) The US Environmental Protection Agency (EPA) brought charges against R.S. Audley, Inc., a Bow, NH-based construction company, alleging that it violated on numerous occasions storm water requirements of the federal Clean Water Act. The suit claimed that Audley excavated approximately one million cubic yards of material from a 300 acre sand and gravel mining operation located in the Town of Londonderry. The state EPA's inspections revealed that the company made alleged unauthorized discharges of storm water from industrial activities into waters of the United States, failed to prepare and implement a Storm Water Pollution Prevention Plan, and failed to apply for a National Pollutant Discharge Elimination System (NPDES) permit. The EPA also accused Audley of discharging storm water into waters of the United States without any or without adequate best management practices to control storm water.

Due to these violations, solids were deposited into a tributary to the Merrimack River and a visible sediment plume from the tributary into the Little Cohas Brook. Among other things, solids can destroy the spawning grounds of fish, increase turbidity, and smother sediment-dwelling organisms, all resulting in changes to aquatic flora and fauna. Officials claimed that discharges to the tributary have contributed solids into Little Cohas Brook, which the State of New Hampshire has listed as an impaired water body. As part of a settlement reached, the company agreed to pay a $60,000 civil penalty to resolve allegations. [YOSEMITE EPA: CONSTRUCTION STORM WATER]


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Published on Nov-6-07


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