Conservation Law Foundation to Sue
General Alum & Chemical Corporation 
for Pollution Discharges to Stockton Harbor
 

GAC facility overlooking fouled intertidal muds. Photo courtesy of Penobscot Bay Watch

According to CLF, GAC has violated its federal wastewater discharge permit for years resulting in a continuous flow of highly acidic process wastewater and contaminated storm water to the Harbor. In addition, in 1998, a large quantity of accumulated oil sludge had to be removed from an unpermitted outfall to the Harbor, and in April of 2001 approximately 800 gallons of sulfuric acid spilled at the facility flowed through storm drains directly into the Harbor. GAC also ignored federal requirements that would have helped it to prevent and respond to potential oil and hazardous waste leaks and spills before they happened.

"This is a company that fails to take its environmental responsibilities seriously," said CLF staff attorney Roger Fleming. "While CLF undertakes litigation only as a last resort, it appears the company has had every opportunity to take the steps necessary to prevent environmental harm to the Harbor but has chosen not to."

Under the provisions of federal law, citizens are authorized to take action to bring polluters like GAC into compliance when federal and state authorities have failed to do so. CLF has brought a number of such cases elsewhere in New England including litigation against municipal polluters in Casco Bay in Maine and Boston Harbor and Salem Sound in Massachusetts.

Waters in and around Stockton Harbor were once extremely productive shellfish harvesting areas that have now lost much of their previous vitality. "While GAC is not the only factor," said Fleming, "we believe that GAC's egregious and longstanding pollution has contributed to the decline of Stockton Harbor's water quality and to the habitat and marine species that depend upon that water quality."

CLF began its investigation of GAC as part of its new Coastal Defense Project, launched this year. CLF intends to use all available legal tools to protect the quality of Maine's coastal waters from environmental degradation and to preserve the public's right to use those waters for multiple purposes, including fishing, navigation, and scenic and aesthetic enjoyment. "Our oceans are not a sewer and we plan to bring further legal action along the coast until dischargers get that message," warned Fleming.

CLF intends to seek civil penalties for the violations and injunctive relief to prevent GAC from discharging except in compliance with all federal Clean Water Act requirements. CLF must now wait 60 days before filing its federal complaint in order to give the Maine Department of Environmental Protection or the U.S. Environmental Protection Agency a chance to bring the company into compliance.

To download the full text of CLF's Notice of Intent to Sue, click here (Adobe PDF file).

The Conservation Law Foundation works to solve the environmental problems that threaten the people, natural resources and communities of New England. CLF's advocates use law, economics and science to design and implement strategies that conserve natural resources, protect public health, and promote vital communities in our region. Founded in 1966, CLF is a nonprofit, member-supported organization. It has offices in Providence, Rhode Island; Boston, Massachusetts; Montpelier, Vermont; Concord, New Hampshire; and Rockland, Maine. 

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