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EPA PROPOSES FINE FOR STOUGHTON ORGANIZATION FOR WETLANDS VIOLATIONS, ISSUES ORDER FOR RESTORATION PROJECT

Release Date: 09/02/1998
Contact Information: Leo Kay, Press Office, (617) 918-4154

BOSTON - The U.S. Environmental Protection Agency is proposing to fine the North Stoughton Industrial Park Development Trust $75,000 for illegally filling in more than two acres of ecologically sensitive wetlands at the Stoughton Technology Center in violation of the federal Clean Water Act.

In a separate action July 10, the EPA also issued an administrative compliance order requiring the trust to restore 1.6 acres of filled wetlands, and enhance an additional 4.6 acres of adjacent wetlands that had been damaged by the work.

"These violations were serious, but the trust has been cooperative in working with the EPA to remedy its past mistakes,"said Mindy Lubber, deputy administrator of the EPA's New England Office. "Today's announcement should serve as a reminder that the appropriate local, state and federal permits should always be obtained before filling in wetlands or other sensitive ecosystems."

In 1988, the North Stoughton Industrial Park Development Trust illegally cleared, grubbed and leveled 2.6 acres of forested wetland adjacent to Bear Swamp in order to construct a two-acre parking lot and a rock rubble disposal area across the street. Although the trust was aware that a Clean Water Act permit was necessary from the Army Corps of Engineers, it performed the work without one. The trust had received a local permit to fill the wetlands but not the required federal permit.

In the mid-1980's, North Stoughton Industrial Park Development Trust applied to the Army Corps for a permit to fill various wetlands within the property but subsequently withdrew the application to fill some of the wetlands. The Corps authorized the filling of wetlands for road crossings -- approximately 2.7 acres - but it did not authorize the additional 2.6 acres of fill that the trust discharged into wetlands for parking lot construction and rubble disposal.

Investigators learned of the case in 1997 when a citizen contacted the EPA.

Prior to being filled, these wetlands provided flood storage, water quality purification, nutrient export functions, and wildlife habitat. The wetlands were part of Bear Swamp, which forms the headwaters to the downstream water supply of three surrounding towns.

The property's current owner, Stoughton Route 24 Trust, has agreed to allow the restoration work to proceed. In addition, the lot which contains the parking lot and associated building is in the process of being sold to Tishman-Heskin Partners, who has agreed to allow the parking lot restoration to occur after it acquires the property.