News Releases from Region 01

Massachusetts Real Estate Developer Settles Alleged Clean Water Act Violations at Construction Sites in Two Communities

BOSTON – A Massachusetts developer agreed this month to resolve allegations by the U.S. Environmental Protection Agency (EPA) that the company failed to follow the terms of its permits for discharging stormwater from three construction sites. EPA alleged that Fafard Real Estate and Development Corporation, based in Milford, Massachusetts, did not follow its Clean Water Act permit at the Ledgemere Country Residential Development in Uxbridge as well as at Maplebrook Commons Condominiums and Lakeview Estates, both in Bellingham. Under a settlement with EPA, Fafard will pay a $48,000 civil penalty. After EPA issued a notice to inform Fafard of the potential violations, Fafard promptly worked to correct erosion control issues at the three construction sites.

Fafard failed to adequately put in place and maintain erosion controls at each of the sites, in violation of its permit under the Clean Water Act, EPA claimed. Inadequate erosion controls can lead to sediment washing into waterways, affecting the ecosystem and human uses.

The case stems from 2018 inspections at all three sites by EPA New England and Fafard's subsequent responses to EPA's request for information.

In 2010, Fafard paid a $150,000 penalty and performed other environmental projects to settle charges by EPA that it had not fully complied with federal stormwater permits at about a dozen construction sites.

This settlement is the latest in a series of enforcement actions taken by EPA New England to address stormwater violations from industrial facilities and construction sites around New England.

More information is available on stormwater permits in New England at: https://19january2021snapshot.epa.gov/npdes-permits/npdes-stormwater-permit-program-new-england.