MS4/Stormwater Citizen Suit Enforcement: Conservation Law Foundation Lawsuit Alleging Clean Water Act Violations Associated with Massachusetts Redevelopment Project

July 02, 2018

By: Walter G. Wright

Category: Arkansas Environmental, Energy, and Water Law

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The Conservation Law Foundation (“CLF”) filed a June 19th Complaint for Declaratory and Injunctive Relief and Civil Penalties (“Complaint”) in the United States District Court for the District of Massachusetts against the Massachusetts Development Finance Agency, Devens Enterprise Commission, and a number of other parties alleging certain violations.

The action is filed pursuant to the Citizen Suit provision of the Clean Water Act.

The Complaint alleges violations of Clean Water Act effluent standards and programmatic deficiencies associated with the Municipal Separate Storm Sewer System (“MS4”) owned and/operated by the Massachusetts Development Finance Agency and the Devens Enterprise Commission (collectively “Defendants”).

CLF states that such alleged violations have resulted in discharges of pollutants into waters of the United States without either a general or an individual MS4 permit in violation of Sections 301(a) and 402 of the Clean Water Act.

The alleged violations are associated with a Reuse Plan associated with the former Fort Devens Army base in Massachusetts.

A copy of the Complaint can be downloaded here.

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