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Runoff Triggers Threat of Lawsuit ; Environmentalists Want Businesses to Know They Need Plans for Controlling Tainted Stormwater.

Posted on: Tuesday, 13 September 2005, 12:00 CDT

An environmental group is threatening to go to court to make an example of a cement and asphalt maker in the midcoast, saying it is among a large number of Maine businesses that send polluted stormwater into waterways without a permit or a control plan.

The Conservation Law Foundation, which has an office in Brunswick, gave notice last week that it will sue Ferraiolo Construction of Rockland in 60 days unless the company complies with the U.S. Clean Water Act.

A Conservation Law Foundation attorney said Ferraiolo is one of hundreds, if not thousands, of industrial operators in Maine that don't have plans or permits, which have been a federal requirement since 1992.

"The point of the lawsuit is to put all Maine companies on notice, not just Ferraiolo, that they need to get a prevention plan in place and protect Maine's waters from stormwater pollution," Steve Hinchman, an attorney for the foundation, said Monday. "Stormwater is rapidly taking over as the number one threat to Maine waters."

Hinchman said it should be easy for Maine companies to comply with the law but many don't even know they have to, because the U.S. Environmental Protection Agency has never enforced it. Ferraiolo Construction appears to be among those companies.

"We never heard anything from the federal government, that I know of anyway," said John Ferraiolo, an owner of the company.

A stormwater expert with the EPA in Boston could not be reached on Monday.

Ferraiolo said he planned to meet with a state stormwater expert today to find out what the company is required to do, but he would not say any more about the threatened lawsuit.

Stormwater pollution occurs when rain or melting snow runs off parking lots, storage yards and other impervious surfaces, carrying toxins, bacteria or sediment into streams, rivers and coastal waters.

Ferraiolo has six concrete and asphalt batch plants in Maine that the Conservation Law Foundation says are in violation of federal law. The plants are in Rockland, Farmingdale, Monmouth, Topsham, Damariscotta and South Thomaston.

Runoff and erosion from the plants send sand and gravel into waterways, including the Cathance and Kennebec rivers, according to Hinchman.

David Ladd, stormwater coordinator for the Maine Department of Environmental Protection, said the EPA has not had the resources to educate Maine's industries and enforce the requirements. The DEP, which already oversees stormwater rules for construction and municipal sites, will take over industrial stormwater permitting and enforcement next month.

The DEP plans to educate businesses and check on each facility twice a year, Ladd said.

"Once this program is a homegrown Maine program, it's going to be a lot more effective," he said.

Ladd plans to meet with Ferraiolo officials today to help them create a prevention plan and apply for a permit.

Complying will be relatively easy and inexpensive once Maine companies are told what they need to do, Ladd said.

Plans can include such things as training employees to prevent runoff, such as by sweeping up at the end of the work day or keeping vehicles from leaking oil onto parking lots. Plans also can include silt fences and hay bales to prevent erosion.

Even with such low-tech solutions, Ladd said he agrees with Hinchman that enforcement will make a huge difference because of the amount of polluted stormwater that's now going into Maine's environment.

"It's amazing how much good this program can do for the state of Maine," he said.

It's unclear how many Maine companies lack permits. Only 330 of more than 3,000 industrial companies have permits, but Ladd estimates that half of the remaining companies will be exempt after certifying that their operations do not create runoff risks.

Ladd said he would have preferred to educate the companies without the threat of a lawsuit.

Hinchman, however, said the time had come to tell companies that they have to comply. He said the Conservation Law Foundation hopes it doesn't have to go to court against Ferraiolo, or any other company.

"I don't know if they knew about (the law) before, but they certainly know about it now," he said. "And we hope that within the 60 days, they fix the problem."

Staff Writer John Richardson can be contacted at 791 - 6324 or at:

jrichardson@pressherald.com

Source: Portland Press Herald

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