Air/Wastewater Enforcement/Citizen Suit Action: Conservation Law Foundation and Quincy, Massachusetts Bio-based Chemical Manufacture Enter into Consent Decree

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Conservation Law Foundation (“CLF”) and Twin Rivers Technologies (“TRT”) entered into a March 30th Consent Decree (“CD”) addressing alleged violations of the Clean Air Act and the Clean Water Act. See No. 1:23-cv-11858-MPK.

TRT is a bio-based chemical manufacturer operating a facility in Quincy, Massachusetts.

CLF had alleged that TRT violated a Clean Water Act National Pollutant Discharge Elimination System (“NPDES”) Permit and a Clean Air Act Title V Operating Permit. TRT had disputed the allegations in CLF’s Complaint.

CLF had filed a Complaint in the United States District Court for the District of Massachusetts pursuant to the citizen suit sections of the Clean Air Act and Clean Water Act.

The CD requires that TRT provide $600,000.00 to local organizations to fund environmentally beneficial projects which support:

  1. Water quality improvement measures with the goal of promoting restoration, preservation, protection, or other beneficial impacts on water quality in the Town River Bay and Weymouth-Fore River areas.
  2. Air quality improvement measures and/or monitoring initiatives with the purpose of reducing air pollution in the Quincy, Massachusetts.

The CD also requires that the TRT facility undertake certain compliance measures involving:

  • Title V Permit plan approvals.
  • NPDES Permit.
    • Stormwater discharges.
    • Non-contact cooling water discharges.

The compliance measures include requirements addressing compliance monitoring.

Supplemental payments may be required in circumstances outlined in the CD.

A copy of the CD can be downloaded here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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