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FEDERAL CLEAN WATER ENFORCEMENT SETTLEMENT BENEFITS NASHUA RIVER

Release Date: 06/03/1996
Contact Information: Alice Kaufman, EPA Press Office; (617) 918-1064

BOSTON -- United States Attorney Donald K. Stern and John P. DeVillars, Regional Administrator for EPA's New England office, today announced the filing of an innovative consent decree under which CPF, Inc. (CPF), a beverage bottler in Ayer, Massachusetts, agrees to spend $149,625 to fund a package of projects designed to enhance protection of the Nashua River watershed. The agreement was reached to settle a civil complaint filed against CPF under the Federal Clan Water Act. The company will also pay a cash penalty of $160,786 to the United States Treasury.

Under the consent decree, CPF has agreed to:

• Purchase 15 acres of conservation land along the Nashua River and to donate the land to the Massachusetts Division of Fisheries and Wildlife for water quality and habitat protection, and public recreational use.
• Undertake, through a contract with the Nashua River Watershed Association, a riverbank stabilization project to stop sediment erosion into the Squannacook River, a tributary to the Nashua and a prime trout fishery. The Nashua River Watershed Association is a major regional citizens group dedicated to the protection of the Nashua River Watershed.
• Carry out, through a contract with the Watershed Association, storm-sewer stenciling projects in Fitchburg and Ayer, in conjunction with municipal officials and local youth and community groups. The stencils will read: "Don't Dump: Drains to the Nashua River" and are designed to help prevent dumping of wastes down public storm drains to the Nashua River.
• Undertake, again through a contract with the Watershed Associating, a monitoring program which will gather badly needed water quality data throughout the Nashua River watershed. The monitoring program is designed to increase understanding of the watershed's health and to help identify problems areas needing special attention.

The complaint, which was filed simultaneously with the consent decree, alleges that between 1991 and November 1994, CPF repeatedly violated wastewater pretreatment standards established by the Town of Ayer. The Federal Clean Water Act requires certain municipalities to establish local pretreatment requirements to limit the types and amounts of wastewater pollutants that can be discharged by industry to local sewer systems. Such local limits are federally enforceable. Under a permit from the Town of Ayer, CPF discharges most of its wastewater to Ayer's municipal wastewater treatment plant, which in turn discharges to the Nashua River. The complaint alleges that CPF discharged to the Ayer wastewater treatment plant biochemical oxygen demand pollutants and suspended solids in excess of the limits in the company's permit from the town, and also that CPF failed to properly monitor its discharges.

United States Attorney Stern observed, "Enforcement cases are meant to ensure a 'level playing field' for those industries that maintain compliance with environmental standards. After a long period of violations, CPF has shown a responsible attitude toward solving its pretreatment problems and negotiating a settlement that avoids costly litigation and demonstrates a commitment to being a good neighbor to the Nashua River community. This settlement strikes the right balance of a penalty for past misconduct and steps to ensure better water quality in the future."

DeVillars added that, "EPA is grateful for the cooperation of the federal, state and local officials and the citizen activists who have made this settlement possible. And we commend CPF for moving forward on the environmental projects immediately so that the work will be underway before the summer."

Notice of the consent decree will be published in the Federal Register and a 30-day opportunity for public comment will be provided before any action is taken to enter the decree. The enforcement action was handled by Assistant U.S. Attorney George B. Henderson of Stern's Civil Division and Mark Stein of the EPA's New England Regional Office.