Millbury Sewerage Company Settles Improper Disposal Lawsuit

 by Tom MarinoNovember 14, 2020

Midstate Sewerage, a business in Millbury, will pay up to $500,000 and will not seek or perform state or municipal contracts for two years.

The agreement is part of a settlement for allegations that it illegally dumped septage and waste into the town’s sewer system. Attorney General Maura Healey announced the settlement on Friday, September 13.

The 2018 lawsuit alleges Midstate violated the state’s Clean Waters Act, Title 5 of the State Environmental Code, the False Claims Act, and the Hazardous Waste Management Act.

According to the lawsuit, Midstate carried out a scheme to cut thousands of dollars in costs from its septage transportation business by disposing of its waste at the Millbury municipal sewer pump station. The law requires properly paying disposal fees at the Upper Blackstone Water Pollution Abatement District.

The AG’s Office also alleges that Midstate lied to the Massachusetts Department of Transportation (MassDOT) about its illegal disposal practices in order to receive payment under a state contract to transport and dispose of waste for MassDOT.

According to the complaint, Midstate and a related entity, LDI, LLC, also illegally installed and used an unauthorized septage storage tank at its Millbury facility. It also claims it illegally handled and disposed of waste oil after failing to register with the Massachusetts Department of Environmental Protection (MassDEP) as a generator.

The Massachusetts Clean Waters Act, Title 5, which regulates septic systems, and the District’s local sewer rules only permit septage haulers to discharge waste directly into the District’s facility where the waste can be logged and the hauler can pay for its waste.

Under the terms of the settlement, Midstate will pay $500,000 in penalties and damages, of which $150,000 is suspended for two years pending compliance with the consent judgment.

The company is required to remove the illegal unauthorized storage tank from its facility under MassDEP supervision.

Photo credit: Massachusetts Dept. of Environmental Protection on Visual hunt / CC BY

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