LYNN — A Lynn-based chemical manufacturing company charged with illegally dumping industrial stormwater into the Saugus River has agreed to pay a total of $302,000 to settle the allegations.
The company, C.L. Hauthaway & Sons, Inc., was charged with violating the federal Clean Air and Clean Water acts at its Lynn manufacturing facility when it failed to appropriately plan for the release of toxic chemicals into the environment and illegal discharge of industrial stormwater into the Saugus River, state Attorney General Maura Healey announced on Friday.
“This company’s actions risked the health of workers and nearby residents of an environmental justice community and threatened the water quality of the Saugus River,” said Healey. “This settlement holds this company accountable for violating important laws that protect public health and our clean air and water and provides funding for local environmental projects.”
The city of Lynn will be paid the majority, or $240,000, of the funds as part of the terms of the company’s consent decree. The remaining amount, $62,000, will be paid to the state to offset the costs of the AG’s enforcement efforts and for future monitoring of the company’s compliance with the consent decree, according to Healey’s office.
In Lynn, the payment will be used to build green infrastructure and improve water quality in the area of the manufacturing facility, which is located on the Saugus River, according to the AG’s office.
“I am grateful for the work of Attorney General Maura Healey and her Environmental Protection Division staff for their support and vigilant work that protects the residents of Lynn,” said Mayor Thomas M. McGee. “Funding made available through this settlement will help supplement the city’s ongoing efforts to mitigate flooding hazards and improve stormwater quality in the Strawberry Brook Watershed.
“Funds will allow us to significantly increase the scale and number of Low Impact Design elements as part of an ongoing pilot project targeting the watershed. The project will replicate natural processes in managing stormwater while offering co-benefits to our community by introducing additional landscaping and street trees in our neighborhoods, which in turn reduce the heat island effect, improving air quality, and otherwise enhancing our public spaces. I look forward to seeing the positive effects of this project for our community and our residents.”
The consent decree, filed with the U.S. District Court for the District of Massachusetts and pending court approval, settles allegations that C.L. Hauthaway & Sons, Inc. violated the federal Clean Air Act at its Lynn manufacturing facility when it failed to appropriately plan for the prevention and response to accidental release of toluene diisocyanate (TDI), an extremely hazardous chemical at the facility, prosecutors said.
The consent decree also settles allegations that the company violated the federal Clean Water Act when it discharged polluted stormwater into the Saugus River without a permit.
The facility is adjacent to the Saugus River and is close to several residences. Lynn has been designated by Massachusetts and the U.S. Environmental Protection Agency (EPA) as an environmental justice community disproportionately subjected to environmental harms and risks, prosecutors said.
Stormwater pollution is recognized as the largest threat to water quality in the state. The AG’s office alleges that the company violated federal regulations by failing to take required actions, such as obtaining specific authorization for stormwater discharges, properly monitoring and controlling stormwater discharges, reporting stormwater sampling results to the U.S. Environmental Protection Agency (EPA), and complying with state water protection laws, prosecutors said.
The AG’s complaint did not allege that there was a release of TDI into the environment, but did charge the company with using the highly toxic chemical in amounts above the applicable threshold, and failing to prepare and implement a risk management plan as required by the Clean Air Act.
