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Concrete Maker to Pay $835K Water Fine

Monday, April 8, 2013

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A New Hampshire concrete producer has agreed to pay a total of $835,000 in fines and complete a $500,000 environmental project to resolve numerous clean water violations at its sand, gravel and stone mining, and ready-mix concrete plant.

Torromeo Industries Inc., of Kingston, NH, has agreed to parallel settlements with the U.S. Environmental Protection Agency and New Hampshire Department of Environmental Services, the agencies announced Thursday (April 4).

Federal Agreement

Under the federal consent decree lodged in U.S. District Court in New Hampshire, Torromeo will pay a $135,000 penalty and implement a $500,000 Supplemental Environmental Project.


Torromeo Industries is settling numerous clean water violations in parallel federal and state cases.

The project requires the company to remove an impervious parking lot adjacent to Cobbetts Pond, in Windham, NH, and replace it with a 35,000-square-foot pervious concrete parking lot. Cobbetts Pond is a 302-acre, two-mile-long body of water in southern New Hampshire.

The parking-lot project will significantly decrease the amount of polluted storm water that drains into the pond, authorities said.

The consent decree requires the company to implement measures to reduce the impact of storm water discharges into surface waters and to eliminate process waste water discharges from the site.

The complaint, filed in federal district court in November 2010, alleged that the company violated the Clean Water Act by discharging stormwater and process water into wetlands and waterways, including the Little River, without required permits.

State Settlement

Under the parallel state settlement, Torromeo has agreed to pay a $700,000 civil penalty for the unpermitted filling of about 12.5 acres of wetlands and streams at its plant.


The company will preserve 69 acres of land on Bayberry Pond in Kingston, NH.

The company also must restore a significant area of filled wetlands and must preserve 69 acres of land on Bayberry Pond in Kingston.

The federal and state enforcement actions arose from a joint inspection by the U.S. EPA and NHDES in 2009.

Waste Water Regulations

Unpermitted discharges of process waste water are strictly prohibited under the federal Clean Water Act. Waste waters typically contain grease, oil and highly corrosive high-pH water from truck washout and washoff, according to EPA.

Rather than obtain individual discharge permits with stringent effluent limitations, most concrete manufacturing facilities contain, treat, and often recycle their process wastewaters onsite.

As part of this settlement, Torromeo agreed to eliminate all off-site waste water discharges.

It must also:

  • Conduct additional monitoring and reporting of storm water discharges;
  • Maintain a storm water pollution prevention plan;
  • Hire personnel certified in storm water management to oversee compliance at both its Kingston, NH, and Methuen, MA, facilities where storm water permits are required; and
  • Provide training in storm water management for all operational employees.

The company will remove an impervious parking lot adjacent to Cobbetts Pond, in Windham, NH, and replace it with a 35,000-square-foot pervious concrete parking lot.

“Stormwater runoff and process water discharges from the sand and gravel and ready-mix concrete industry are a significant source of water pollution,” said Curt Spalding, regional administrator of EPA’s New England office.

“We consider the violations in this case to be extremely serious, and we are glad that the company worked with EPA and the state to resolve these violations.”

The settlement, which is subject to a 30-day public comment period, is the latest in a series of federal enforcement actions to address storm water violations from industrial facilities and construction sites around the country.


Tagged categories: Clean Water Act; Concrete; Enforcement; Environmental Protection Agency (EPA); Laws and litigation; Regulations

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