EPA New England Press Releases

PILLINGS POND: LYNNFIELD TO PAY FINE AND RESTORE WETLAND AREAS IN SETTLEMENT AGREEMENT WITH EPA

Contact: Alice Kaufman, EPA Press Office, (617) 918-1064

For immediate Release: December 20, 1996; Release # 96-12-12

Boston - The U.S. Environmental Protection Agency (EPA) and the town of Lynnfield, Massachusetts have reached an agreement in which Lynnfield will pay a penalty of $36,000 for its dredging and filling activities at Pillings Pond. The agreement settles an EPA administrative penalty action for Clean Water Act wetlands violations.

The EPA filed the action earlier this year alleging that the town violated sections 301 and 404 of the Clean Water Act by dredging and filling portions of Pillings Pond between 1990 and 1996 without a permit issued by the U.S. Army Corps of Engineers ("Corps"). About 10 acres of the pond, including approximately 2 acres of wetlands, were filled in order to build access roads and staging areas for the dredging. More than 20 additional acres of wetlands were dredged to deepen Pillings Pond.

The town had failed to obtain the necessary permit before it began work at Pillings Pond, even after been told by the Corps in 1989, that it would need a permit if the project included filling. EPA directed the town to stop its activities and also required Lynnfield to restore several acres of the wetlands which were dredged.

"Private companies typically have formal systems for checking environmental compliance in place; towns should do the same," said EPA's New England Administrator John P. DeVillars. As part of the settlement, the town acknowledged that it had violated the Clean Water Act, and committed to be more diligent in complying with future requirements.

Some of the areas of Pillings Pond which were filled or dredged were wetlands. Wetlands provide important habitats for wildlife species, as well as providing water quality purification functions and flood control. While some other municipalities which properly applied for permits have been allowed to do some dredging in ponds, this has been subject to strict environmental requirements including avoiding wetlands habitat areas and dredging without placing fill. These kinds of environmental protections were not implemented in Lynnfield's project, since the town did not apply for a permit and thus the project was not reviewed by the Corps.

The Clean Water Act requires that a permit be issued by the Corps for discharging dredged or filled material into wetlands or waterways, including when waters are disturbed by the dredging and redepositing of materials in the same waters. EPA and the Corps share enforcement authority under Section 404 of the Clean Water Act. The Corps referred this case to EPA for action and assisted in case development.

 

METADATA

1. TITLE: Pillings Pond: Lynnfield to Pay Fine and Restore Wetland Areas in Settlement Agreement with EPA

2. IDENTIFICATION NUMBER: N/A

3. ABSTRACT: The U.S. EPA and the town of Lynnfield, Massachusetts have reached an agreement in which Lynnfield will pay a penalty of $36,000 for its dredging and filing activities at Pillings Pond. The agreement settles an EPA administrative penalty action for Clean Water Act wetlands violations.

4. PURPOSE: Public Information

5. ORIGINATOR: Regional Administrator's Office

6. PUBLICATION DATE: 01/03/97

7. ACCESS CONSTRAINTS: N/A

8. AVAILABILITY: N/A
   a. Distributor:
   b. Order Process:
   c. Technical Prerequisites:
   d. Automated Linkage:
   e. Downloadable Files:

9. COVERAGE: N/A

10. TIME PERIOD OF COVERAGE: N/A

11. POINT OF CONTACT FOR FURTHER INFORMATION:
    Alice Kaufman
    Office of the Regional Administrator
    EPA Region 1, New England
    JFK Kennedy Building (RAA)
    Boston, MA 02203
    617-918-1064

12. RESPONSIBLE PARTY:
    Doug Gutro
    Office of the Regional Administrator

13. DATE OF CREATION: 01/03/97

14. AGENCY SUPPLEMENTAL INFORMATION: N/A

15. EXPIRATION DATE: 01/24/97