EPA Enforces Clean Water Act to Protect Massachusetts Waters
BOSTON, MASS. (Dec. 9, 2025) – U.S. Environmental Protection Agency (EPA) has signed a consent agreement and final order (CAFO) with E.L. Harvey & Sons, Inc., Trojan Recycling, Inc., Nauset Disposal Holdings, Inc., and Arrowhead Environmental Partners LLC, resolving EPA's claims against the companies for Clean Water Act (CWA) stormwater violations. Between the companies, a total of seven Massachusetts' waste and recycling processing and vehicle maintenance operations facilities were allegedly discharging industrial waste into waters of the United States without required CWA permits. These companies are indirect subsidiaries of Waste Connections U.S. Holdings, Inc.
"Under the Clean Water Act, the federal government, states, and tribes each have an essential role in protecting the quality of our nation's waters by reviewing applications and issuing permits addressing pollutants discharged into our waterbodies," said EPA New England Administrator Mark Sanborn. "Clean water is essential to our health, our environment, and our economy."
Affected waters in the CAFO include the Paskamansett River, Weweantic River, Salisbury Plain River, Hedges Pond, Seine Pond, and Bennetts Brook. In order for certain types of industrial facilities to safely discharge stormwater into these waters, they must obtain authorization under EPA's 2021 Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (MSGP).
E.L. Harvey & Sons, Inc., Trojan Recycling, Inc., Nauset Disposal Holdings, Inc., and Arrowhead Environmental Partners LLC have now applied for and received coverage under the MSGP for all seven facilities and agreed to a $170,000 penalty, which is documented in the signed CAFO.
Copies of the CAFO are available upon request.
Background:
CWA Section 301(a) prohibits the discharge of pollutants to navigable waters unless in compliance with, among other things, a CWA Section 402 National Pollutant Discharge Elimination System ("NPDES") permit. For stormwater discharges, facilities can apply for coverage under a general permit.
In states not authorized to administer the NPDES program, such as Massachusetts, EPA's MSGP applies. The MSGP requires facilities to submit a Notice of Intent to be covered under the general permit, prepare and implement a Stormwater Pollution Prevention Plan, conduct inspections, monitoring and sampling, and meet other requirements, all designed to prevent the discharge of stormwater containing pollutants to surface waters.